ML20149F218
| ML20149F218 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/17/1987 |
| From: | Guadagna S NATIONAL SCHOOL BUS SERVICE, INC., NEW HAMPSHIRE, STATE OF |
| To: | |
| References | |
| OL-I-TOH-017, OL-I-TOH-17, NUDOCS 8802120074 | |
| Download: ML20149F218 (124) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE Ci Hi Rtit.,i' 00CKEithG 4 Ri VICl.
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IN RE: PUBLIC SERVICE COMPANY
- Docket Nos.
OF NEW HAMPSHIRE, et al
- 50-443-OLA (Seabrook Station, Units 1 and 2)
- 50-444-OLA DEPOSITION OF SAL GUADAGNA l
Deposition taken by agreement of counsel and
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before the Atomic Safety and Licensing Board at the offices of National School Bus Service, Inc., Ward Way, North Chelmsford, Massachusetts, on Tuesday, October 27, 1987, conmencing at 2:00 p.m.
Court Reporter:
Susan E. Lepore, CSR, RPR ggg2188u Bu"@ao G i
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MANCHESTER. NH 03101 i 603 649J922 0'N D D ,
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' w w g 1 I N D E X 2
3 WITNESS: Sal Guadagna 4
5 EXAMINATION: Pace 6
By Mr. Bisbee 6 7
8 By Mr. McEachern 73 9 By Mr. Kaplan 76 10 By Mr. Dignan 78 11 By Ms. Chan 92 12 By Mr. Bisbee 94 13 By Mr. Kaplan 95 14 15 EXHIBITS FOR INDENTIFICATIOM:
16 New Ranoshire's Descriction Pace 17 1 Letter of agreement dated 4/22/87, 18 with number of drivers filled in 12 19 l-A Photocopy of Exhibit 1 with 20 number of drivers left blank 12 21 2 Letter of agreement dated 4/22/87, 22 with number of drivers filled in 13 23
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3
- 9 1 2-A Letter of agreement dated 4/22/87, 2 with number of drivers left blank 13 3 3 Letter of agreement dated 4/22/87, 4 with number of drivers filled in 14 5 3-A Letter of agreement dated 4/22/87, 6 with number of drivers left blank 14 7 4 Letter dated 2/5/87, Navoj to 8 Guadagna, with attachments 38 9 5 Six documents relating to 10 insurance liability 44 11 6 Letter dated 3/26/87, Coogan 12 to Guadagna 47 13 7 Letter dated 4/13/87, Nawoj to 14 Guadagna, with attachments 55 15 8 Lettr;r dated 7/13/87, Coogan 16 to Guadagna 74 17 18 19 20 21 22 23
0
- %7 1 APPEARANCES:
2 For the anolicants: ROPES & G RAY 3 By: Thomas G. Dignan, Jr., Esq.
. 4 225 Franklin Street Boston, MA 02110 5
For the State of 6 New Haroshire: NEW HAMPSHIRE ATTORNEY GENERAL'S OFFICE By: George D. Bisbee, Esq.
7 25 Capitol Street 8
Concord, NH 03301 9 For t h r, Commonwealth of Massachusetts: MASSACHUSETTS ATTORNEY 10 GENERAL'S OFFICE By: David S. Kaplan, Esq.
11 One Ashburton Place Boston, MA 02108 12 For the United States Nuclear Regulatory 1
13 Commission: OFFICE OF GENERAL COUNSEL, UNITED STATES NUCLEAR 14 REGULATORY COMMISSION By: Atty. Elaine I. Chan 15 Washington, D.C., 20555 For the Town of 16 Hampton, NH: SHAINES & McEACHERN By: Paul McEachern, Esq. and 17 Matthew T. Brock, Esq.
25 Maplewood Avenue 18 P.O. Box 360 Portsmouth, NB 03801 19 20 21 22 23
k) 2 3 STIPULATIONS 4
5 It is agreed that the deposition shall be i
l 6 taken in the first instance in stenotype and when 7 transcribed may be used for all purposes for which 8 depositions are competent under New Hampshire 9 practice.
10 Notice, filing, caption and all other 11 formalities are waived. All objections except as I 12 to form are reserved and may be taken.in court at !
i 13 time of trial.
1 14 It is further agreed that if the deposition is l l
15 not signed within (30) days after submisssion to 16 counsel, the signature of tha deponent is waived.
17 16 19 20 21 22 23
_J
6 l
SAL GUADAGNA
) 1 having been duly sworn by the court 2
3 stenographer, was deposed and testified
__ 4 as follows:
5 EXAMINATION 6 BY MR. BISBEE:
7 Q. This is a deposition of Sal -- is it 8 Guadagna?
9 A. Perfect.
10 Q. I want to thank you first, Mr.
11 Guadagna, for being available here this afternoon 12 on pretty short notice. I trust that it won't
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13 take all that long.
14 I also assume that you understand why 15 I'm here today, and why I wanted to take your l 16 deposition. There are questions, as you may know, 17 about certain letters of agreement that you signed 18 on bahalf of 11ational School Bus Service, Inc. and i l
1 19 related divisions thereof, I take it, and I do 20 vant to explore that with you today.
l 21 I'll be asking you a series of !
22 questions -- well, first let me tell you formally, 23 here on the record, that I'm Dana Bisbee. I'm l
6
- 1 Assistant Attorney General for the State of New 2 Hampshire, and I'm representing the State of New 3 Hampshire in the Seabrook licensing proceeding.
4 What I want to have clear in your mind 5 today is that I'm just after information from you 6 about these letters of agreement. The State of 7 New Hampshire Office of Emergency Management, l 8 formerly the Civil Defense Agency, has been in I
9 touch with you I know in the past, and you've i
10 entered into certain letters of agreement with the 11 office of Emergency Management, and I appreciate ,
I I
12 that.
13 My concern today is not the specific 14 numbers of buses and specific numbers of drivers 1
15 that you may have agreed to provide in the past. l 16 I want you to know right up front that if there's 1
17 any problem with the letters of agreement that you 1
believe are currently in effect, I want you to 18 19 tell me what's wrong with them and we'll change 20 them.
21 I, personally, will not be involved in 22 actually working out the terms of the letters of 23 agreement with you. Gerry Coogan of the Office of
8 A
A l
1 1
,, 1 Emergency Management will continue to do that with !
\
J l 2 you'. We certainly are still -- we, at the State 3 of New' Hampshire and the Office of Emergency 4 Management, are still anxious for you to tell us 5 that you are able to provide a certain number of 6 buses, as well as a certain number of drivers, but 7 I want you to understand that I'm not after a 8 certain number here today.
9 What I'm looking for today is some 10 general information about these agreements. If 11 there e. r e problems with these letters and 12 agreements that are currently in effect you can 13 tell me that at the start, and you can tell me 14 whatever changes need to be made in them, and as 15 soon as you can arrange with the Office of 16 Emergency Management, the changes can be made. Do l
17 you understand that? ,
18 A. I understand that, yes.
I 19 Q. Now, if you don't understand a 20 question, j ust let me know. I'll let you answer, 21 as fully as you want, any question. If it leads 22 you in a certain direction go ahead, feel free to l 23 answer in any way you wish. I may insist on m
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- 1 certain occasions f or a particular answer, but 2 that doesn't mean you can't provide any other 3 information hou want to on a certain topic.
4 Now, for the record, would you please 5 state your nace and spell your last name?
6 A. Sal P. Guadagna, GU AD AG N A.
7 Q. What is your current address?
8 A. 11 Royal Crest Drive, Nashua, New !
l 9 Bampshire. j 1
10 Q. What is your current position, Mr. l i
11 Guadagna?
12 A. Director of operations for National j l
i School Bus Company, Incorporated.
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13 14 Q. And what is the address of that 15 company?
16 A. Hard Way, North Chelmsford, 17 Massachusetts.
18 Q. How long have you been in that 19 position?
20 A. In this position, since last September.
21 Q. September of '867 22 A. Right.
23 Q. What are your duties?
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1 A. I'm responsible for the operations of I l
k) most of the new England facilities that we have: i 2
l 3 Lowell, Chelmsford, Merrimack, Milford, Sanford, 4 Maine, and Berry Transportation.
5 l Q. How long have you been with this 6 company?
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l 7 A. I've been with this company )
8 approximately 12 ycars. l l
9 Q. Where were you before you came to this ;
i 10 location?
11 A. I spent a year in New Jersey and a year l 12 in -- and the remainder of my time in Buffalo, New 1
13 York.
1 14 Q. I understand that when you were in New 15 Jersey, you had other work relating to nuclear 16 power plants?
17 A. Yeah, that's correct. They were trying ;
18 to construct basically the same thing that you're :
l 19 trying to do, an evacuation plan, and they were 20 trying to formulate some kind of plan in case 21 there was a disaster in the State of New Jersey.
22 Q. Did you work with the State of New 23 Jersey?
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EE 1 A. It really never got off the ground, to 2 be honest with-you. I was the director of 3 transportation and management contact for a 4 company at that time, and they had proposed plans 5 for us to look at and see what the feasibility of doing this type of a reactionary measure would 6
7 be. I looked at them, but nobody ever really got 8 back to me or pushed it any further than that.
9 Q. Let me show you, Mr. Guadagna, three 10 documents. They're each labeled "Letter Of 11 Agreement," and I'd ask you if you can identify 12 those three.
I 13 (Witness perusing documents.)
14 Q. Yeah, they look like the same ones that 15 I signed over here, other than the number of 16 drivers being in there.
17 (Indicating on documents.)
18 Q. Okay. These are letters of 19 agreement --
20 A. Right.
21 Q. -- that you signed?
22 A. Right.
23 Q. Okay. Let's take the first one here.
H 1 This is entitled "Letter Of Agreement," and it 2 begins, "National School Bus Service, Inc.,
3 formerly (Berry Transportation Company)."
4 A. Right.
5 MR. BISBEE: Okay. Just for the 6 purposes of this deposition, I'd like to have ;
7 these marked. I suggest we mark them New 8 Bampshire 1 and New Hampshire 1-A, 1 being the one 9 that's signed with the number 65 filled in for the 10 number of drivers, the other an identical copy but 11 with the number of drivers missing.
12 Q. Is that accurate, Mr. Guadagna?
13 A. Uh-hum.
14 (New Hampshire's Exhibits Numbers 1 15 and 1-A were marked for 16 Identification.)
17 Q. Now, I'll show you two other documents, 18 Mr. Guadagna. This one's entitled "Letter Of 19 Agreement, National School Bus service, Inc., of 20 North Chelmsford, Mass." You have in front of you 21 two identical copies of that letter of agreement:
22 one with the number of 170 filled in for the 23 number et drivers, and the other one has that
13 l
1 space blank? j l
2 A. Right.
l 3 MR. BISBEE: Okay. Let's mark these J l
4 two as New Hampshire 2 and New Hampshire 2-A, New 5 Bampshire 2 being the one with the number filled 6 in, 2-A being the one without the number.
7 (New Hampshire's Exhibits Numbers 2 8 and 2-A were marked for 9 Identification.)
10 Q. Thirdly, I show you two copies of a 11 letter entitled "Letter of Agreement," which begin 12 "Marinel, Inc., of Chelmsford, Massachusetts."
i 13 Are these identical copies but for the fact that 14 on one of them the number 65 is filled in for the 15 number of drivers, and the other one has that
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16 space blank? l l
17 A. Right. l l
18 MR. BISBEE: Okay. I ask that these be l 19 marked New Hampshire 3 and New Hampshire 3-A, 3 1 20 being the one with the number filled in, and 3-A l l
21 being the one with the number not filled in. l 22 l 23 l J l l
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. - 14 1 (New Hampshire's Exhibits Numbers 3 2 and 3-A were marked for 3 Identification.)
4 Q. . All right. To follow through with my 5 promise to you, Mr. Guadagna, I'm going to show 6 you now the original three that I brought with 7 me. These are New Hampshire Exhibits 1 through 3, 8 end each of them has a number filled in for the 9 number of drivers available. These are the three 10 that I believe you've signed and sent back to the 11 then-Civil Defense Agency, now Office of Emergency 12 Hanagement for the State of New Hampshire?
13 A. Right.
14 Q. Do you have any question today, or do 15 you have any problems with the number of buses 16 that is included on each of those letters of 17 agreement?
18 A. No, I don't, not with the number of 15 buses.
20 Q. You do, I understand, have a question 21 with the number of drivers that is included on '
22 there?
23 A. Yes. l
,' _ m 1 Q. Do you have any number of drivers that 2 were you to redo these letters of agreement now, 3 that you would substitute in place of the numbers l 4 that are currently there? ;
5 A. Well, from what I understand, you know, !
6 at this time, after talking to Ann, particularly, 7 that there's a lot of --
8 Q. Excuse me, this is Ann Butchinson?
i 9 A. Ann Butchinson, that's right. --
that 10 there's a lot of drivers that would not volunteer 11 for something like a Seabrook-sort of situation, 12 and when I did sign these letters I went into 13 agreement for any kind of disaster, which is the l
14 key here. I know since all of this has happened, l
15 it's keyed into a Seabrook situation.
16 You know, I looked at emergencies at 1
17 the time such as flooding, fires, industrial 18 accidents -- it says "power plants" there also, l
l 19 but I do remember when we were talking with Gerry 20 that, ycu know, I had stated that -- I don't 21 remember what the exact question was that brought 22 this about, but I had told him that obviously my 23 drivers are on a volunteer basis, and they're
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I l 1 going to have different people volunteer for 2 different things, depending on the emergency, and 3 that's basically it.
4 Q. This is Gerry Coogan?
5 A. Eight.
6 Q. Let me ask you this: Do these numbers 7 represent approximately the number of drivers you 8 have working for each one of these --
9 A. They would.
10 Q. -- three entities?
11 A. They would. And, you know, as I'm 12 looking at these, these -- the 65s look like they 13 could be my writing. They really do look like 14 they could be my writing. This does not at all, 15 the 170.
16 Q. The 170 is on the National School Buc 17 Service, Inc. letter of agreement, New Hampshire 10 Exhibit 2, right?
19 A. Yes.
20 Q.. All right. In terms of what you would 21 like to have represented in terms of the number of 22 drivers in this letter of agreement, do you have 23 any number that ycu can fill in there?
- 1 A. I have none right now, unless I did an 2 actual survey or a poll, and I think that would be 3 the best route to go at this point.
4 Q. Okay. So you --
5 A. That way we could find out who would 6 drive if there was a flood, if there was a fire or 7 an accident, or if there were any natural disaster 8 of any sort, even a nuclear problem.
9 Q. Okay. So what you would like to do 10 today, as I understand it, is leave the number of 11 buses that are there?
12 A. Rignt. That's a constant, yes.
13 Q. And change the number of drivers 14 available to drive those vehicles, after taking a 15 poll of the Crivers --
16 A. Yes.
17 Q. -- but leave them blank for now?
18 A. I would think it would be more 19 realistic then, in a situation where they were 20 needed, yes, by taking a poll.
21 Q. All right. So for now you would like 22 to change these letters so that they do not 23 reflect any drivers being available?
i
s 1 A. Right.
2 Q. And at some later time, if you so 3 choose, undertake v,hatever surveying or polling 4 effort that you want to and then later give us a 5 number, if you feel that any would be available?
6 A. Right..
7 Q. Let me suggest this: I vill talk to 8 Gerry Coogan of the Office of Emergency 9 Management, and sometime later this week or next 10 week or cometime in the near future he'll contact 11 you, and I assume that you'll.go through the same 12 process of completing these letters of agreement, 13 and then you can be absolutely sure of the numbers 14 that are on them the next time they're completed.
15 A. Right.
Let me tell you, I will suggest to 16 Q.
17 Gerry that he talk to you about the number of 18 drivers, bearing in mind that the numbers that you 19 fill in here, if you were to fill any in, do not 20 constitute a guarantee on your part that they 21 would be available for any particular emergency, 22 but that they would be a pool frori where d-ivers 23 could be drawn. But that's something you and
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1 Gerry can talk about as you do these.
) 2 A.
I'd also make the vehicles available l 3 for anybody that has the particular license that's J 4 eligible to drive that vehicle. I have no 5 problems with -- in Massachusetts, for example, if 6 you have a truck driver's or a class 2 license, 7 you can drive a bus. There's no reason why they 1
8 couldn't use the buses, if they were available.
9 If I couldn't provide the drivers, any l 10 Massachusetts driver with a Class 2 license l
11 could --
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12 Q. Or, a New Hampshire driver? 1 13 A. Right. That's why I asked the l 14 insurance company to make sure that if that 15 happened, and somebody says: Can I take a i
16 vehicle -- I wanted to make sure they were 17 covered.
J 18 Q. That's a question that you looked into !
19 before you signed these? ;
1 20 A. Yes, j 21 Q. All right. Are you comfortable now on 22 how we're going on the actual letters of f 23 agreement?
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1 A. Certainly.
2 0.. What I'd like to do is go back in time 3 and explore how these letters of agreement came to 4 be completed the way they were.
5 Before we do that, just let me ask you 6 some questions about the corporata structure for 7 the actual entities for whom you've entered into 8 this agreement.
9 Could you describe the corporate I l
10 structure of National School Bus Service, Inc.?
11 A. National School Bus Service, Inc. is 12 the -- well, actually Marinel and Berry at this l I
13 time are subsidiaries of National School Bus l l
14 Service. They have been purchased in their 15 entirety, as far as stock goes. They are a 16 division of National School Bus Service.
17 Q. Where is the headquarters of National i 18 School Bus Service?
19 A. In Chicago, Illinois.
20 Q. And this is one of the original 21 l Jfices?
22 A. Right.
23 Q. Is the headquarters of --
is it the
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- M 1 main office of National School Bus Service, Inc.
2 tha,t has acquired the two divisions of Marinel and 3 Berry?
4 A. Yes.
5 Q. Can we refer to these entities, by the 6 way, as Berry, Marir*1, and National School Bus 7 Service?
8 A. If you like. They're all National 9 School Bus Service.
10 0. Okay. But how would you refer to them 11 in shorthand?
12 A. Berry, Milford, Sanford -- you know, we 13 refer to then by their location actually, except 14 for using Berry instead of North Hampton.
15 Q. That's Berry, okay. For the purposes 16 of this deposition, can we refer to then as:
17 Berry division of National School Bus Service, 18 Inc., formerly Berry Transportation Company; 19 Marinel division of National School Bus Service, 20 Inc., formerly Marinel Transportation, Inc.; and 21 then~the third one is Nacional School Bus Service, 22 Inc. of North Chelmsford, and we'll refer to that 23 entity as National School Bus or National School i
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- 1 Bus Service, one of those terms?
2 A. Well, this is, in essence, Marinel.
3 Q. Well, how does Marinel differ from 4 National School Bus Service, Inc. of North 5 Chelmsford?
5 A. They're the same, they're one in the 7 same. Actually, there is no North Chelmsford --
8 in other words, this is saying that this is 9 strictly still Marinel.
10 (Indicating on documents.)
11 I mean, this is National School Bus 12 service. This is our Merrimack-Milford operation, 13 which we're Marinel, a division of National School 14 Bus Service.
15 O. But the same is true of Berry, 2cn't 16 it?
17 A. Cxactly.
18 2 And the same --
19 A. And same is true of this.
20 Q. Okay. So what ycu're telling me is you 21 can basically just enter into one letter of 22 cgreement --
23 A. For all the companies that are -~
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- 1 Q. -- and include the buses that are owned 2 and operated by Marinel and Berry, as well as the 3 global organization of National School Bus 4 Service?
5 A. The "global organization?"
6 Q. The brocder organization.
7 A. I will only enter into the facilities I 8 am recponsible for.
9 0 And what are those facilities again?
10 A. Sanford, !!errimack, !!il f o r d , Berry, 11 Lowell, Chelmsford, those are the six facilities.
12 Q. Okay. Are those six facilities covered 13 already by these letters of agreement that are New 14 Hampshire Exhibits 1 through 37 15 A. Yes, they are.
16 Q. So in the future, you can just do one 17 letter of agreement and include all these 18 facilities that were mentioned here?
lb A. Right.
20 Q. All right. But,getting back to my f l
21 initial question, which I thought would be a short 22 cut for the rest of the deposition, for purposes 23 of describing or referencing these three separate i
l
. 24 1 letters of agreement, there's one for Marinel d.
2 Tra'nsportation, Inc., there's one for National 3 School Bus Service, formerly Berry Transportation 4 Company, which I'll refer to as the Berry letter 5 of agreement probably, and finally there's just 6 one that is for National School Bus, Inc. of North 7 Chelmsford?
8 A. Yes.
9 Q. Do you know when National School Bus 10 Service acquired the Berry Transportation Company?
11 A. I believe it was October of last year, l 12 1986.
9' 13 0 And how about the Marinel 14 Transportation Company? ;
1 15 A. The January prior to tLat.
16 Q. January of '86 or --
17 A. Right. I 18 0 Does the Berry division have cvailable 19 to it approximately the same number of vehicles 20 that is incl' ed on New Hampshire Exhibit 1 here?
21 A. I would say right now they're probably 22 in e:: cess of that, if I'm not mistaken. He have 23 sent additional buses for additional schools since
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0 dB 1 September, or just prior to September.
2 Q. All right. So there's more than 627 3 A. Yes, I would say it's a higher figure 4 at this time.
5 O. And looking at New Hampshire Exhibit 2,
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6 does National School Bus Service of North 7 Chelmsford have available to it approximately the 8 same number of buses indicated on this exhibit?
9 A. This is Exhibit 2?
10 Q. Right.
11 A. Chelmsford is the same. The Lowell 12 facility has increased since August, they have
) They're probably closer to 13 increased their fleet.
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-14 75, instead of 65, now.
15 S. And how about the great town of 16 Stanford, Maine?
17 A. It's supposed to be Sanford, 11a i n e . i 1B Q. Right.
19 A. They're pretty close to that figure.
20 They're pretty cloce.
21 Q. And then looking at Exhibit 3 over 22 here, is that number reflective f the number of 23 vehicles that !!a r in e l --
the 1:arinel divicion has i
re 1 1 now?
2 A. Merrimack is up to 25 and the --
3 there's no breakdown here for the minis.
4 Q. The mirdvans?
5 A. Yech. These are full-ained buses, but 6 I believe she's got 19 vans there, too.
7 Q. That's in Herrimack, you say?
8 A. No, Hilford. Herrimack is 25 now, and 9 Milford is up some.
10 Q. So it's approximately 25 full-sized 11 buses and --
12 A. Right.
13 Q. -- a bunch of vans to go with it?
14 A. Right.
15 Q. Now, these are almost exclusively your 16 typical yellow school buses?
17 A. Yes. We don't run coaches or anything J
18 like that. ,
19 Q. And you indicated earlier that the 20 number of drivers that are included on Exhibits 1 l l
21 through 3 here are approximately the number of ;
drivers that you currently employ in each of ;
22 i
23 these -- for each of these divisions, or in each l l
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1 of these areas?
l-3 2 A. Oh, it's pretty close, right.
3 Q. And these are part-time school bus 4 drivers?
1 l
1 5 A. Part time, right.
6 Q. High percentage women?
l 7 A. I would say the majority, yes, very 8 high percentage.
l 9 Q. Seventy-five percent?
10 A. Probably 70, 75 percent, yes.
11 Q. Some young mothers, some older? ;
12 A. A little bit of everything, right.
l 13 Q. Let me show you, Mr. Guadagna, what is 14 labeled "Town of Hampton Exhibit 1," in the actual !
l 15 licensing proceeding itself, which is another 16 letter of agreement. It's a two-page letter of 17 agreement with Berry Transportation Company. Do ,
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18 you recognire that?
19 (Witness perucing document.) l 20 A. I don't --
I can't remember if Ann sent 1
l 21 i me a copy of this or not. I don't think I saw I
22 *his one here.
23 ; Q. Okay. That's not one that you cigned?
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-- _ ~
, w 1 A. No. No, I don't remember seeing it.
2 Q. Okcy. And it's not included in the 3 materials that you brought down with you today?
4 A. No.
5 Q. Is that your complete file on --
6 A. As much as I know. I know Ann said 7 that she sent me come information that she had, 8 but I went through my files and I couldn't find 9 it.
10 Q. Okay. Now, the -- let me show you I
11 another letter of agreement. This is labeled i
12 Exhibit 2, which ib the Town of Hampton's Exhibit 13 2 in the licensing procedure itself.
14 A. Right.
15 Q. This is another letter of agreement 16 with Berry Transportation Company. Is that one 17 that you've seen before.
18 (Witness perusing document.)
19 A. No, not that I remember.
20 Q. All right. I note that this one is 21 dated August of '86. That would have been before 22 you arrived here in North Chelmsford?
23 A. Right.
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, 1 Q. So the three letters of agreement that 2 you're familiar with are the three that we've 3 already discussed?
4 A. Right.
5 Q. And just so I fully understand, again, 6 you've signed each of them --
7 A. Yes.
8 Q. --
on behalf of National School Bus 9 Service, Inc.?
10 A. Right.
11 Q. And lictional School Bus owns and 12 controls all of the vehicles now for both the 13 Marinel and Berry division, an well as those that 14 are in Exhibit 2 for National School Bus Service, 15 Inc.?
16 A. There's, I think, 18 or 19 up in l
17 Sanford that are leased. They're not totally 18 owned at this point, but they are vehicles that )
19 we --
l 20 Q. But you control them under the lease? l 21 A. Right.
I 22 Q. Are those school buses or vans? j l
23 A. Right, school buses, full size.
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1 Q. All right. Let's go back here to the 2 beginning of this year, Mr. Guadagna, and see if 3 you can recall your contacts with the 4 representatives of the Civil Defense Agency.
5 A. Right.
6 Q. I take it your primary contact has been 7 with Gerry Coogan?
8 A. Right.
9 Q. Do you know what his position is?
10 A. I couldn't tell you exactly what his 11 position is.
12 Q. Your understanding is that he 13 represents the Civil Defense Agency? !
14 A. The Civil Defense Agency, right.
15 O. And now you know it's the Office of 16 Emergency Management for the State of 11ev 17 Hampshire, the name has changed?
18 A. Right. l l
19 Q. Do you remember when you first spoke to 20 Mr. Coogan - any other civil defense 21 representative?
22 A. I believe it was on the phone that he 23 asked if he could have some of my time to sit dcwn A
- 1 and talk about an emergency evacuation problem for 2 the State of New Hampshire. We set up an 3 appointment after that, and he came down to meet 4 me.
5 Q. Was this Mr. Coogan that you spoke with 6 by phone?
7 A. Mr. Coogan, yes.
8 Q. Do you remember when that was that 9 you --
10 A. I'm pretty sure it was Mr. Coogan.
11 Q. Do you remember when that was?
12 A. March, I would say. Prior to April.
13 That's just an assumption at this point, I really 14 don't --
can't be exact.
15 Q. Did a Mr. Steve Abel contact you, 16 before any civil defence representative called i
17 you, about providing buses and other resources? )
i 18 A. It's possible he talked to Steve and he i 19 told him, you know: You'll have to talk to Sal.
20 I really don't know if --
21 Q. Okay. You don't remember talking to 22 Steve Abel about this?
23 A. Not about this in particular. He I
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_ ^ -
- 1 worked here as a manager for this facility, in the 2 office right next to me, so it could have been a 3 casual, you know: Sal, I've got somebody on the 4 phone. I don't know.
5 Q. Was he division director for Marinel?
6 A. He was branch manager for this 7 facility.
8 Q. For this facility in North Chelmsford?
9 A. Right.
10 Q. He was in that position in January of 11 this year, as far as you know?
12 A. Right.
13 Q. Oxay. You remember talking to Mr.
14 Coogan perhaps in March of this year?
15 A. Uh-hum, March.
16 Q. Hight it have been in February?
17 A. Right, early April or whatever, around 18 that vicinity.
19 Q. And he asked you generally about the 20 possibility of your providing buses, via a letter l
21 of agreement, for the State of New Hampshire?
i 22 A. Correct.
23 Q. Was that for all three divicions here, 1
- 1 or all three letters that we're talking about, or i
2 was that for one of your divisions? l l 3 A. I think he was concerned more or less 1
4 with New Hampshire at that time, if I'm not 5 mistaken, and he -- he asked if I had vehicles, 6 you know, how many vehicles I had here at that 7 time, and did I have any other operations in the 8 area.
9 I told him that I did, and he said 10 "Well, would you be willing to use those resources 11 in the event of an emergency in New Hampshire?"
12 And I says, you know, "I have no objection to 13 that," I says, "Any way we can help service 14 districts that we run in as a community service, I 15 have no prob 2am with that."
16 You know, I would no more havo a 17 problem with sending buses from here to New 18 Hampshire to help out, than I would in asking New 19 Bampshire to come down here and help out.
20 Q. But you couldn't enter into a letter of 21 agreement immediately, based en that telephone 22 call?
23 A. Yes.
T
, , Mb 1 Q. You had some discussion with the 2 company regarding that agreement?
3 MR. KAPLAN: Objection, leading.
4 MR. DIGNAN: What was that?
5 MR. KAPLAN: He's leading. Since we're 6 in this particular critical juncture of the 7 testimony, could he not ask leading questions?
8 MR. DIGNAN: Why not, it's not his 9 witness?
10 Q. Did you have questions, Mr. Guadagna, 11 before entering into these letters of agreement?
12 A. Not at that time. When I -- I did meet 13 with Gerry after that, and I remember sitting down 14 and discussing things regarding the situation.
15 And my question there was --
it might have been 16 another phone call, come to think of it. I think l
17 at that point, I wanted to refer to the corporcte i 18 office. l 19 Q. This is after the initial phone call?
20 A. After the initial phone call, I think, 21 and I think it was --
this was after the phone 22 call, the first or accond time.
23 Q. Is it fair to say you've had numerous
')
.- - NM
- 1 phone calls --
2 A. Conversations with them, right, 3 numerous calls and several sit-down conversations 4 with him in my office, also.
5 Q. Would you say that you've had a good 6 working' relationship with Gerry Coogan?
7 A. Yes.
8 Q. Did you have some questions about 9 liability?
10 A. Liability, that's -- it was one of the 11 main questions that I had and, you know, I wanted 12 to know what would happen in the event of damage 13 to out. buses or any other liability that would be 14 involved, and be hari let me know that there is 15 provisions by the state that would cover that, and 16 he would forward the documents regarding any l 1
17 liability questions I would have.
18 Q. And did he do that?
19 A. Yes, he did.
20 Q. Did you have questions about joint 21 ownership of school buses and putting down that it 22 was okay for their use?
23 A. Yeah, I was concerned for our Milford-
su-1 1 Merrimack facility, in fact. They have a
-) _
2 situation there where the buses are named by the 3 district, they're licensed through the district, 4 and they have -- they have district plates on them 5 also, and I was concerned at that time about their 6 liability with us and the whole situation.
7 I remember after that I had called 8 Debbie Ranniker, who's our branch manager in the 9 Milford facility, and I asked her her situation 10 with the buses, and she had given me the opinion 11 that there was no problem, they already had an 12 agreement with civil defense in New Hampshire and 13 they had been dcing that through the district for 14 years now.
15 Now, I don't know if that was through 16 her or -- on her own or Marinel, prior to us 17 buying it, or what. And I remember asking her, 18 "Evidently, it's not a problem?" And she says, 19 "No, it never has been."
20 Q. So that resolved that issue for you?
l 21 A. Yeah.
22 Q. And did you have a question about fuel 23 or fuel availability for your buses? Do you 1
sn 1 remember thut?
2 A. No, I don't remember asking that about 3 fuel -- maybe fuel costa, but that would be the 4 only thing that I would ask.
5 Q. I see. And was that resolved 6 satisfactorily, too?
7 A. I don't really even remember that 8 coming up.
9 Q. Okay. But at some later point in time, 10 Mr. Coogan provided you the mate:ial on 11 liability --
12 A. Right.
13 Q. -- that you talked about?
14 A. Yes.
15 Q. Did your discussion at that phase, and 16 I am going back to the first telephone ;
17 conversation you had with Mr. Coogan, did that 18 relate to buses only, or did that relate to buses )
1 19 and drivers? Do you remember? l l
20 A. I really don't remember saying anything l l
21 about drivers at that point. We were talking 22 basically vehicles. l 23 Q. Did you assume that the drivers were
- W -
1 included, too?
2 A. Possibly at the time, you know. I 3 really couldn't tell you offhand, I don't remember 4 stating or talking about drivers at that point --
5 0, okay.
6 A. -- in the conversation.
7 Q. I want to show you a document that's 8 three pages, with a cover letter dated February 5, 9 1987, to you from Michael Navoj of the Emergency 10 Management Office, and attached to it are 11 identical copies of a letter of agreement with 12 Marinel Transportation, Inc. Do you recognize 13 that?
14 (Witness perusing document.)
15 A. I don't ever remember seeing this 16 letter, not at all. I don't remember seeing 17 this.
18 !! R . BISBEE: Okay. Let's just chrk 19 this as New Hampshire Exhibit 4.
20 A. I don't remember seeing this letter, 21 and it is addressed to me, too.
22 (New Hampshire's Exhibit. Number 4 was 23 marked for Identification.)
dV
~ -
' - w
- 1 Q. So you don't remember receiving this 2 letter, which is marked Exhibit 47 3 A. No, I don't.
4 Q. And what about the attachments that 5 came with that letter?
G A. This is February, righ*,? I --
I seem 7 to remember other copies similar to this that came 8 originally. I don't remember this letter, but I 9 remember copies that came in -- but then there was 10 a question about the other facilities. This is 31 just Milf ord and !!e r rimack.
12 (Indicating documents.)
13 Q. Do you remember whether the initial 14 inquity of you was focused only on Marinel, and it 15 was only later that they --
16 A. They found out that --
17 Q. -- reali ed that you had --
18 A. --
we had others. Exactly, I remember 19 that happening, where they had come down basically 20 talking about the New Hampshire operations, and 21 then when they found out that we had facilities 22 here in Lowell and Sanford and everything els,e, 1
23 they asked if I would have a problem with that, l l
l
1 and that's how that culminated with using other
_) ..
2 vehicles. I do remember that conversation.
3 Q. Okay. So it's your recollection --
4 A. I do remember,something, I don't 5 remember if it was handed to me or what, but it 6 had basically those things in there, and then I 7 think I talked to Gerry after that or --
either he 8 came in or called me after that, and he said, 9 "Realizing now that you have other facilitics, 10 would you be willing to do the same thing with the 11 other places?" I told him I had no problem with 12 that, and he said, "We'll redo the letters and
' submit them back to you."
13 14 Q. Okay. In any event, it's not currently 15 in your files?
1 16 A. No. l 17 Q. It's possible that you might have 18 received it and you didn't find it in --
19 A. It's possible, it's possible.
20 Q. In any event, later on a substitute 21 letter of agreement reflecting an agreement for 22 providing buses for Marinel was --
23 A. Right.
i
- 9 1 Q. Let me just say that I should wait for
, -$) '
2 you to complete your answer before I ask the next 3 question, and you ought to wait until I finish my 4 question before you jump in with your answer.
5 It's just easier for her.
6 (Indicating stenographer.)
7 Q. Okay. Now, you referred a little while 8 ago to several and numerous phone calls with Gerry 9 Coogan?
10 A. Uh-hum.
11 Q. Do you recall now whether you had phone 12 calls with Mr. Coogan soon after the time when you 13 might have received the Marinel, the original-14 draft Marinel letters of agreecent?
15 A. Oh-hum.
I 16 Q. Is it around that time that you would
)
17 have perhaps taken questions to corporate counsel? j 18 A. It's possible it was after that.
l 19 Q. I am right, am I not, that you did 20 contact the lawyer for the company?
21 A. No, I talked to our vice-president of 22 the company at that time.
23 Q. And he --
UB w -
1 A. In fact, I think he had come in not too 2 soon after that and I asked his opinion of it, and 3 he at that time said that be didn't have a problem 4 with it, as long as we were covered as far as 5 insurance goes.
6 Q. That was the vice-president in Chicago?
7 A. Right.
8 Q. And he came in bere, in North 9 Chelmsford?
10 A. Right. He was just in for a regular 11 visit, and it was just one of those things that 12 was on the corner of my desk, and I just said,
\ l 13 "Take a look at this, what do you think of that?" i 14 And he said, "As long as we're going to be covered 15 for insurance, that's my only concern. I have no 16 problem in doing what we have to do for them." !
l 17 And I said "Fine," and then I talked to Gerry l 18 about the insurance situation.
19 Q. And what was that vice-president's 20 name?
l 21 A. Gary Milliams.
22 Q. And that was sometime before April, 23 when eventually you signed --
Q3
- 1 A. Right.
2 Q. -- these letters of agreement?
3 A. Right.
4 Q. Do you remember talking with Mr.
5 Williams about the -- entering into these letters 6 of agreement as to buses as well as to drivers?
7 A. No, no.
8 Q. It was just generally the letters of 9 agreement?
10 A. Just letters of agreement that got --
11 it was just a general question of, "This is what 12 they are looking for us to do, do you have a
)
13 problem with it?" And the only problem he 14 mentioned, he says, 'Well, my concern would be 15 insurance, at this point."
16 Q. Okay. Now, at some point Mr. Coogan, 17 as you said twice, he sent you some material on 18 the liability questions that you had raised?
19 A. That's right.
20 Q. Are these the liability materials that 21 he sent you?
22 (Indicating documents.)
23 A. That's right.
.. . GU 1
- 1 Q. Was it just that front page here, or 2 that whole thing?
3 A. The whole package, the policy, 4 licenses -- this whole thing was sent.
5 MR. BISBEE: All right. Why don't we 6 staple this together, if we can, and mark this as 7 Exhibit 5.
8 (New Hampshire's Exhibit Nubmer 5 was 9 marked for Identification.)
10 Q. At some point in the spring, prior to 11 April, you arranged to meet personally with Mr.
12 Coogan?
13 A. Right.
14 Q. Do you recall when that meeting was?
15 A. I really couldn't tell you offhand. It 16 was -- Mr. Coogan and another gentlemen came in, 17 sat down, and we talked this over.
18 Q. Hight that meeting have taken place in i
19 late !!a r c h --
l 20 A. It's possible, it's --
l l
21 Q. --
of this year?
22 A. --
possible.
23 Q. It would have been sometime prior to l l
l
]
1 the date when you signed each of these three 2 letters of --
3 A. Yes.
4 Q. -- agreement, Exhibits 1 through 37 5 A. (Witness nods affirmatively.)
6 Q. And that was on April 22nd?
{ 7 A. Right.
8 Q. So sometime prior to April 22nd, you 9 met with Mr. Coogan?
10 A. Right.
11 Q. He came down here to see you?
12 A. Yes, he -- I guess he did.
13 Q. Did anybody else come with him?
14 A. I think there was another gentleman 15 with him at that time --
unless that was a prior 16 meeting, you know. I met with Mr. Coogan several 17 times, and I'm pretty sure he came with somebody 18 else both times, two or three times.
l 19 Q. Okay. Does the name 11ick Pishon mean 20 anything to you?
21 A. It's possible.
22 Q. But you remember Mr. Coogan, in any 23 event --
's
GJ~
1 A. Yes.
2 Q. -- being here?
3 A. Yes.
4 Q. What wac the purpose of that initial 5 meeting with Mr. Coogan?
6 A. He was going to sit down and discuss 7 what -- well, the initial meeting was that he 8 wanted to discuss the letters of intent that --
9 Q. Letters of agreement?
10 A. Or, letters of agreement, right, and 11 explain basically what was going on and what they 12 were looking for and, you know, community support 13 in case of an emergency of any sort, things of 14 that nature.
15 Q. Okay. Let me show you another 16 document. This is a letter dated March 26th, 17 1987, and I've just taken it from your materials 18 here. It's to you from Gerald Coogan. Do you 19 recogni=e that?
20 (Witness perusing document.)
21 A. Uh-hum, it's the letter that was cent 22 to me.
23 Q. Okay. Do you remember uhether that
0Y
- - )
l l
- 1 letter was given to you when Mr. Coogan first met 2 with you?
3 A. On March 26th? I really can't 4 remember. It's possible he did but -- obviously 5 it doesn't look like it was mailed.
6 Q. Okay. Do you remember what letter of 7 agreement that was enclosed with that?
8 A. With this?
9 Q. Yes.
10 A. No.
11 HR. BISBEE: Okay. Let's mark this New 12 Hampshire Exhibit 6.
13 (New Hampshire's Exhibit Number 6 was 14 marked for Identification.)
15 Q. Looking now at New Hampshire Exhibit 6, 16 Mr. Guadagna, that letter references an enclosed 17 letter of agreement?
18 A. Right, it does.
19 Q. Do you remember which one that would 20 have been?
21 A. I really don't.
22 Q. Okay.
23 A. Unless maybe it was the original ones l
1 l
g 1 for Merrimack and Milford. It's possible --
2 Q. Which is Marinel?
, 3 A. Which is Marine 1.
4 Q. Would that be consistent with your 5 recollection, that they were still focusing on the 6 Marinel agreement At that time?
7 A. At that point, it's possible.
8 Q. And then you had a meeting sometime in 9 later March?
10 A. Right.
11 Q. And that was with Mr. Coogan and Mr.
12 Pishon; is that right?
13 A. Yes.
14 Q. And you talked generally about letters 15 of agreement?
16 A. Uh-hum.
17 Q. Is that right?
18 A. Yes. l 19 Q. And do you recall at that meeting ;
20 talking about bus resources that were available 1
21 not only in Merrimack and 1111f ord through the l l
22 Marinel division, but other buses that you had '
23 under your control as well?
UD
, E -
- 1 A. Right.
2 Q. And you discussed with Mr. Coogan, did 3 you, the availability of these other vehic1c: as 4 well?
5 A. Right.
6 Q. Did you talk about entering into or l 7 working out a letter of agreement for those buses !
l 8 as well? j l
9 A. Right. l l
! 10 Q. In addition to the Marinel buses? l l l 11 A. Right.
l 1 l 12 Q. Do you remember talking about anything <
l , ,
13 else besides the letters of agreement generally at l
l 14 that first meeting?
I 15 A. Basically, that's it. I -- you know, 16 I'm sure there was other conversation but --
17 Q. Okay. Now, do you recall talking about i 18 the availability of drivers at that point?
19 A. I remember --
I don't exactly know how I 1 ,
20 it came out, all right, as far as Gerry asking me l l
21 how many drivers do you have or how many drivers I l
l 22 are available or how many drivers for a particular l
23 time or whatever.
I l
1 l
t
.. - @v )
- 1 I remember telling Gerry, Mr. Coogan, 2 at that time, I remember stating that availability 3 would have to depend on if my buses were already 4 in the process of taking children home or bringing 5 them to school. Obviously, my first 6 responsibility is to my contracts and to my school 7 distri:ts.
8 I remember stating that, you know, 9 "Obviously, this is voluntarily. I couldn't tell 10 you who would be able to do what, I'm sure that 11 would depend on the nature of the emergency," and 12 I mentioned that, you know, "I'm sure that a lot 1
13 of people would tend to go to a flood rather than 14 go to an explosion, obviously."
15 I do remember also discussing the 16 situation down in New Jersey, when I was working 17 down in Ucw Jersey, with some of the drivers down 18 there. We had talked about it generally, and they l 19 said that: "If anything ever happens to that 20 power plant, I'm heading north" --
in a joking 21 manner, obviously.
22 Q. To Seabrook, maybe?
23 A. No, no. This happened to be at the
st '
_ ^
1 plant that I was referring to earlier in New S
"J 2 Jersey, the one that I spoke of before that I 3 worked on a plan withe 4 Q. Do you remember giving specific numbers 5 of drivers to him at that point?
6 A. It's possible that Gerry, Mr. Coogan, 7 asked me how many drivers I had for this facility, 8 and I'm sure I would have told him how many 9 drivers I had at that point. But what was the 10 availability of the drivers, I do not remember 11 Gerry saying: Can you give me a driver for each 12 bus to do a run?
13 Q. Was that after your understanding, that 14 that's what you were agreeing to provide?
15 A. No, not really. My understanding is 16 that, number one, this is a volunteer situation. ;
17 I can't force the employees to do anything they 18 don't want to do. I would do everything I 19 possibly could to provide the vehicles, I would do 20 everything I possibly could de to get the 1
21 employees that would like to do it. .
I 22 Like I said, I ran into the same thing ,
23 when we were in New Jersey, when that first plan 1
- s. ,
l l
. ^
52 I
1 came down. We asked how many people would be
- d
) .
2 willing to volunteer in a situation like this, and 3 it was: Bye, I'm gone --
things of that nature 4 s o --
5 Q. And Gerry didn't suggest anything to 6 the contrary to you, did he?
7 A. What do you mean "suggest anything to B the contrary?"
9 Q. That you were guaranteeing a certain 10 number of buses or drivers by entering into 11 this --
12 A. No, no.
i 13 Q. -- agreement? Do I understand your 14 position still to be today that you're willing to 15 provide the number of buses and the number of 16 drivers that you can -- i l
17 A. Exactly.
18 Q. -- to the State of New Hampshire --
l 19 A. Exactly.
20 Q. -- in the event of an emergency?
21 A. Exactly. l 22 Q. Do you recall, in that meeting with Mr.
23 Coogan in late March or sometime before April
l 1 22nd, that you were in a position at that time to 2 enter.into letters of agreement with the State of j l
3 New Hampshire for the Marinel facilities, for the 4 Berry division facilities, and for the National l I
5 School Bus Service facilities? l 1
6 A. Do I remember meeting with him?
i 7 Q. Do you remember being in a position to j i
8 agree to enter into those letters of agreement? l 9 A. Yeah, when I signed them.
10 Q. You didn't -- did you sign them at that )
l 11 meeting? '
1 12 A. No, not at that meeting. I'm pretty 13 sure these came by the mail, if I'm not mistaken.
14 Q. Okay. I'm showing you a document dated 1
15 April 13, 1987, a --
l l
16 A. Well, I guess he did show -- l 17 0 -- letter to you from --
18 A. --
it to me then if --
19 Q. -- Michael Nawoj. Do you recognize 20 that document?
21 A. Uh-hum.
22 Q. Attached to the copy I gave you are 23 four cheets of paper?
54 1 A. Right.
7..
2 Q. The first two sheets being identical 3 copies of a letter of agreement with National 4 School Bus Service, Inc., the second two being 5 identical copies of a letter of agreement with 6 National School Bus Fervice, Inc., formerly Berry 7 Trancportation Company.
8 A. Uh-hum. And the next one's -- right.
9 Q. Do you remember receiving two copies of 10 each of those letters of agreement?
11 A. Yeah, I believe I did. They look like )
12 the same copies as what I have here for the l 1
s 13 original.
14 Q. Okay. Well, let's look at those 15 originals. This is what has been marked as 16 Exhibit 1-A and 2-A. Are those the same two 17 documents? Is.that the original of --
18 A. Right.
19 Q. --
the same two documents?
20 A, Right. Yes, they are.
21 UR. BISBEE: Okay. Let's mark the 22 April 13 letter as the next exhibit, number 7.
23
)
- $9 l
,- ,. I 1 (New Hampshire's Exhibit Number 7 was I
) I 2 marked for Identification.)
3 Q. Let's try to piece this together now.
4 on April 13, after your meeting with Mr. Coogan, 5 you received from the then-Civil Defense Agency, 6 now the Office of Emergency Management, two copies 7 of two separate letters of agreement --
8 A. Right.
9 Q. -- one for the Berry division, and one 10 for the National School Bus Service, Inc.? )
11 A. In 14assachusetts.
12 Q. Right?
13 A. Right.
14 Q. And you did receive two copies of --
15 A. Right.
16 Q. --
each, you remember that?
17 A. Right.
18 Q. And were you instructed to sign one and l
19 return it, and then keep another original for your l
20 own files? l 21 A. Right.
22 Q. And that's what you did?
23 A. Right.
, - w 1 Q. But that's only for two letters of 2 agreement, and there are three?
3 A. Right.
. 4 Q. Now, 1 coking back on the March 6th 5 letter -- March 26th, does that refresh your 6 recollection about receiving the third letter of 7 agreement?
8 (Witness perusing document.)
9 A. It really doesn't, in all honesty. But 10 I'm sure it either must have come either by hand, l 11 or in the mail from the Herrimack-Milford 12 facility -- although it's dated prior to this,
! 1 13 which I don't understand.
i 14 Q. Okay. But in one way or another, you 15 oventually had --
16 A. All three.
17 Q. -- three sets of two' originals each?
1 l 18 A. Yeah. These are the copies, I guess.
19 Q. Okay. Looking at Exhibit 7 now, you l
20 did say that this letter followed your meeting 21 with Gerry?
22 A. It would have had to follow it, because 1
1 23 he's thanking me for meeting with him. And it's l
l
O +
i w w
_ 1 April 13th, so I know I would have met him at 2 least once or twice prior to that.
3 Q. Okay. And your understanding was that 4 you were to sign one of the original copies that 5 you received and retain the other one?
6 A. Uh-hum.
7 Q. The second paragraph, a two-line 8 paragraph in the middle, refers co training for 9 bus drivers?
1 10 A. Uh-hum.
11 Q. Do you remember discussing that at the 12 meeting?
13 Yes.
A.
14 Q. Sometime after your meeting, sometime 15 after the April 13 letter with the two enclosed I 16 letters of agreement, you signed all three of 17 them?
18 A. Uh-hum.
19 C. And these are Exhibits 1 through 3; 20 correct?
l 21 A. Right.
22 Q. You signed them on April 22nd, 19877 l I
23 A. Uh-hum.
l l
,, - SB
,- . ~
- 1 Q. And you mailed those to the office of 2 Emergency Management --
3 A. Right.
4 Q. -- in Concord, New Hampshire?
5 A. Right.
6 Q. It's your signature on each of them; is 7 that right?
8 A. Yes, it is.
9 Q. And you signed on behalf of National 10 school Bus Service, Inc.?
11 A. Right. !
l 12 Q. Did you have.any discussions with 13 anybody from headquarters or elsewhere after the l l
14 meeting and before you signed the letters of l 15 agreement?
16 A. No, not that I know of.
l l
17 Q. Okay. So you had in your possession l 18 sometime after this meeting, sometime after April 19 13, two original copies of each of these three 20 letters of agreem2nt?
21 A. Right.
22 Q. And you signed all six of them; is that 23 right?
. 59
_ 1 A. That's right.
2 Q. Looking back at Exhibits 1-A, 2-A and 3 3-A, your signature is on all three?
4 A. That's right.
5 Q. And those are the ones that you 6 retained in your files?
7 A. Right. I thought those were yours. I 8 don't know which ones are which now. They're all 9 the same.
10 Q. Okay. But the ones in your file I 11 believe you stated were the ones that had the 12 numbers not filled in?
13 A. Oh, right.
14 Q. Okay. So 1-A, 2-A and 3-A are the ones 15 that were in your files?
16 A. Correct.
17 Q. And the numbers are not filled in on i l
l 18 those documents?
19 A. Right.
20 Q. 110w , on Exhibits 1 through 3, the ones !
21 that you mailed to the Civil Defense Agency, there 22 are numbers filled in?
23 A. Right.
,, . 60
' .m ,,
4
- 1 Q. Now, you said earlier when we began, 2 when you were reviewing those letters, that the 3 number 65 that appears on Exhibit 1 and 3, it 4 looks like they could have been your numbers, 5 filled in by you?
6 A. Yes, it does.
7 Q. Do you renember filling those in?
8 A. I don't remember. But as I look at the 9 numbers, that looks like it would be my 10 handwriting.
11 Q. And you said --
12 A. The 170 is definitely not my
\
13 handwriting.
14 Q. That's not your handwriting?
15 A. No, it is not.
16 Q. So you don't remember filling in these :
l 17 numbers? l 18 A. No, I don't. I don't remember doing 19 anything on the upper section. It was probably 20 one of these. (Indicating on documents.) And I l
21 didn't fill in the vans either, as I notice over 1 22 here, where they're asking me for the vans now.
23 Q. But you might have filled in the two
- 61
- ^
1 number 65s?
.d.
2 A. I don't remember doing it, but it sure 3 does look like my handwriting.
4 Q. It's possible that you might have 5 filled in --
6 A. It's possible. ]
7 Q. -- the 170 as well; is that right?
B A. No, that really doesn't even look like 9 my handwriting. Not at all.
10 Q. Do you know who filled in the numbers?
11 A. I have no idea.
12 Q. So your recollection is that you signed l
i 13 then --
i 14 A. Yes.
15 O. -- and then mailed them to the Civil l l
16 Defense Agency? )
17 A. Yes. Those sure do look familiar.
I 18 (Indicating on document.)
19 Q. And you're pointing to the two 65s?
20 A. The two 65s, yes.
21 Q. Okay. So to the bect of your 22 recollection today, you don't remember filling in 23 any of these numbers?
i
62
- 1 A. Right.
2 Q. And you don't know who did?
3 A. Like I said, the 65s sure look like my i 4 handwriting, it really does, but I don't remember 5 putting them in. But the 170 certainly doesn't 6 look like my handwriting.'I don't really recall 7 putting them in. It's possible, you know, it's 8 possible as I was going through these I put them 9 down, but I sure don't remember. That sure does 10 look like my handwriting.
11 (Indicating on documents.)
12 Q. okay. But you --
13 A. These were all supposed to be at the l 14 same time; correct?
15 Q. I don't know, you're the --
16 A. You know, I am tring to -- I'm trying 17 to piece this together.
18 Q. They each have the same date, don't l
l 19 they?
20 A. Yes, they each have the same date. I 21 would have signed them at the same time. That 22 even looks like it was done with a different pen 23 and --
a
, 63 1 Q. Which pen looks different?
2 A. These two are dark, this one's light.
3 And that definitely is not my 170.
4 (Indicating on document.)
5 Q. Let me just suggest something to you.
6 What if these were in a pile, the three in order.
7 If you put them on top of each other, then the pen 8 would have gotten lighter on the ones that were --
9 A. Oh, you mean the pen would have been 10 darker on the top copy?
11 Q. Right, which would be an explanation as 12 to why the top 65, which is on the top sheet, is i
13 darker than the one on the --
14 A. Okay, that's possible. But that 170 is 15 definitely not mine, I know that.
16 Q. If you had filled in the numbers on the 17 originals that you mailed, not on the ones that 18 you kept, that would explain, wouldn't it, why 19 your copy in your files doesn't a have number on 20 it, but the one in the civil defense files does?
21 A. That's possible. I don't know why I 22 would just sign one copy though, or fill in one 23 copy. Like I said, if I was doing one of these,
- G4 1 (Indicating), going down the stack of papers and
)- doing what I'm going to do on that paper, I would 2
3 go right down the list and do it to all of them at 4 that point, I would assume. It's normally how I 5 would -- standard operating procedure.
6 Q. Just to go back over a point we covered 7 earlier, you did say that the number of drivers 8 included, the 65, 170 and 65, were representative 9 of the number of drivers that were employed at 10 that time?
11 A. They were employed at that time. You 12 know, the 65 makes me wonder if -- it would 13 actually show a spare factor. If I could look at 14 this for a minute.
15 (Witness perusing document.)
16 A. Sixty-five drivers would show a three-17 person spare-factor driver, when in essence it 18 should be a little more than that, and over here 19 you're showing --
you know, I had more employees 20 than this, but then I'm not showing that that was 21 the buses here. You're showing 57 buses and 65 22 drivers, which would be accurate.
23 Q. And what about on Exhibit 27
(69 1 A. We're short drivers on this one. I 2 mean, we're showing 173 vehicles alone, without 3 even having a spare factor on top of that, showing 4 only 170 drivers, and we usually try to have one 5 ten-percent spare factor -- though I haven't had 6 that this year, because of the driver shortage.
7 But normally you run a ten-percent spare factor.
8 If I got a ten-percent spare factor to 9 assigned routes, then a -- I should have a ten-10 percent spare factor driver to compensate those 11 routes. So in a case here where you're saying 170 12 buses, it would be closer to 185 people.
I 13 Q. Okay. Putting aside what you might 14 have written down on April 22nd, at some point in 15 time a question arose in your mind about the 16 actual availability of drivers to respond to the 17 Seabrook -- to a Seabrook emergency?
18 A. Right.
19 Q. Do you recall how the issue first came 20 up in your mind?
21 A. Evidently somebody approached Ann 22 Hutchinson in the Berry division, and Ann called 23 me and said that --
she asked if I had signed an
-_m
av
- 1 agreement, and I said, "Well yes, I have." She 2 said, "Well, in that agreement, did you put down 3 how many drivers?" And I said, "Ann, I really 4 don't remember putting down a specific number of 5 drivers that were available."
6 I asked her, I says, "Why, what's the 7 problem?" And she says, "Sean already did a poll 8 once, and he found out that we only had nine 9 drivers that would do that particular job." I 10 said, you know, "Well, my opinion of it was that 11 it was voluntarily anyway, and that whatever we 12 could get we'd provide definitely, but it's on a 13 voluntary basis. I can't order any employee to do 14 something of that nature."
15 That was the first that I heard that 16 she only had nine people that would volunteer to 17 do the job. I honestly thought the figure would 1
18 he higher. I thought we'd get more people to l 19 volunteer for something like this.
20 Q. Do you remember when she came to you 21 with this concern?
22 A. It wasn't too long ago. It was when 23 this whole Seabrook thing started, I imagine.
l l
' 67 1 Q. 1970 what?
2 A. Well, with me and her involved. I 3 don't know how long you've been doing this, but it 4 hasn't been too long for us.
5 Q. So August, September of this year?
6 A. It's possible, somewhere around there.
7 I spend most of my July and August in my office 8 until midnight working on budgets, so summer's a 9 cloud to me right now.
10 Q. Did Sean Berry talk ever to you --
11 A. No, I don't remember that. ,
12 Q. -- or his wife?
l 1
13 A. (Witness shakes head negatively.)
14 Q. So it was Ann Hutchinson who brought up 15 the concern? j 16 A. Right, I talked to Ann.
17 Q. And the basic comment that she gave you l 1
18 was that her husband, having talked to the l
19 drivers, found that only nine were available from 20 the Berry division?
21 A. Her husband?
I 22 Q. Yes. Was it her husband or --
23 A. You're thinking of Sean and his wife.
4 66 h
. 1 Q. Yes, I'm sorry.
2 A. I talked to Ann.
3 Q. And who was it that had done a survey 4 of the d:ivers?
5 A. I think she said Sean did -- or, maybe 6 Ann even did one, and out of a survey, only nine 7 of them would volunteer for that particular 8 emergency.
9 Q. And she felt that if more than nine 10 were included on a Berry letter of agreement, it 11 would be too high; was that her bacic --
12 A. Right.
13 Q. What did you do when you first heard of 14 her concernc?
15 A. Well, like I told her, I says, "Ann, i l
l 16 it's my opinion that," you know, " i *. ' s on a l 17 voluntary basic anyway. I know you got 65 drivers 18 up there or 70 driverc, or whatever you have, but 19 depending on the emergency, it's how many people {
20 are going to volunteer for it." She sayc, "Well, 21 I just want you to know that I've been questioned 1
22 on that." And that was bacically it, until I 23 heard from this department.
. 69 W
e
_ 1 Q. Okay. Did you ever contact the Civil 2 Defense Agency to change the number of drivers?
3 A. No, I don't remember doing that.
4 Q. At some point a representative of the 5 Town of Hampton, maybe Paul McEachern, maybe 6 Matthew Brock, approached yous is that right?
7 A. Yes.
8 Q. Who approached you from the Town of 9 Hampton?
10 A. !! r . Brock called me on the phone.
11 Q. And what did he asked you?
12 A. Basically, he asked me if I had signed 13 these letters of agreement. I told him, "Yes, I 14 did." He asked me, "Do you remember stating how 15 many drivers would be available for this?" And I 16 told him, just as I said here, that I really don't 17 remember stating that I had 65 drivers for 65 18 buses or 75 drivers for 75 buses, and I felt it 19 was on a voluntary basis and that I couldn't 20 guarantee, you know, a specific number, without 21 finding out from the people if they would 22 volunteer.
23 Q. Did you t e .1 1 him that you hadn't done a
a
. 70 h --
I survey of your drivers to see --
2 Right. '
A.
3 O. -- who would be available?
4 A. Yes, I did.
5 Q. Okay. And your concern today still is 6 with not knowing how many woul d actually respond 7 to a Seabrook emergency, becauce you haven't 8 surveyed or talked to your drivers?
9 A. Yes, it is. Yes.
10 Q. I take it that the issue of driver 11 availability is one that is of concern to your 12 drivers?
13 A. Their voluntarily doing a situation 14 like this? I would say so, yeah, after talking to 15 Ann, and from my own experience with the people in 1 1
16 lie w J e r s e y , yes. j l
17 Q. Would it be --
well, I won't pursue 18 that question. But I do want to complete my l
19 examination by going back to where we began, which 20 is on the actual letters, which is Exhibits 1 21 through 3.
22 Are you comfortable with the 23 understanding we've reached that as to the buses
- 71
.- 1 and other vehicles, though, those are there and 2 currently availab)e --
3 A. Yes.
4 Q. -- and the letters of agreement stand 5 as to those?
6 A. Right.
7 0. But that you're going to go bcck and 8 re-visit the issue of drivers?
9 A. I have to at this point, and I -- you 10 know, I don't know if you want me to do it 11 according to nature of the coorgency or what the 12 situation is. Like I says, my intent here was to I
13 help whatever districts we service in any kind of 14 an emergency, and obviously a lot more peopic are 15 going to volunteer for something that's a lot less 16 dangerous than certain other things that have 17 happened. I have no problem doing that, finding 18 out exactly what we have available for what I
19 situation.
l 20 As I stated before, the whole thing has !
l 21 been keyed to the nuclear power plant, but that 22 wasn't my sole intention of signing these letters 23 of agreement.
72
- W W 1 Q. As far as you know, it's not the sole 2 intent of the Civil Defense Agency either, is it?
3 A. I hope not. You put all your eggs in 4 one basket, you've got a problem.
5 Q. Right, right. And I think I heard you 6 say earlier that if there were an accident of any 7 type, including one at Seabrook if it operatec, 8 that you'd have no problem making your drivers 9 available if they want to be available?
10 A. Exactly, none at all.
11 Q. But the question is if you can actual'.y 12 feel comfortable putting the numbers on the 13 agreements themceives?
14 A. Right.
15 MR. BISBEE: Off the record, please.
16 (Discussion off the record.)
17 MR. BISBES: All right. That completec 18 my examination. Thank you very much. I 19 appreciate, again, your making yourself 20 available. l 21 MR. McEACHERN: I just have a couple of 22 questionc.
23 I i
l
)
J
73 l l
,re -- l l
l rXAMINATION
')
1 I 2 BY MR. McEACHERN2 l l
3 Q. Mr. Guadagna, you have an exhibit l
4 somewhere that's marked Exhibit 7, the April 13th ,
1 5 letter of Michael Nawoj. He says in that letter, l 6 "We would like to begin to schedule training for 7 your bus drivers at a time convenient for both the a company and drivers." Has he ever begun any l 1
9 training of your bus drivers? l l
10 A. No. l 11 0 Has he --
have you had any contact with :
l 12 i the agency regarding this subject of training, I 1
)
13 after you entered into -- l 14 A. I received the letter --
15 Q. --
the agreement?
16 A. I received the letter --
1 17 MR. DISBEE: Can I jump in here? I 18 know I'm a little out of order, but it pertsins to 19 that l e t t e r. I 20 ,L e t me show you this letter of July 21 13th, 198h hrha----
. 1 22 THE WITNEFS1 Yes, 1'did receive this l i
\ 1 23 letter. I thought;d't was closer to September, but i T l N 49
. 74 l e
l
- 1 it was July 13th, you're right.
2 MR. BISBEE: If you don't mind, Paul, ;
3 why don't we mark this now and just have it as --
4 MR. McEACHERN: Let's mark this as New 5 Hampshire 8.
6 THE WITNESS: Yeah, I did receive this, 7 and I remember the listing of dates that were here 8 for training, possible training.
9 (New Hampshire's Exhibit Number 8 was 10 marked for Identification.)
11 0 This Exhibit 8, does it not, indicates 12 a list of dates in October when possible training
\
13 dates would be held?
14 A. Right.
15 0 Was there any training ever held?
16 A. No, there wasn't.
17 0 And those dates have passed?
18 A. Yes, they have.
19 0 And you still have not inquired of your l l
20 drivers to find out how many of them would 21 volunteer to participate in an evacuation for a 22 radiological emergency at Seabrook?
23 A. No, I have not.
. 75 l l
W W 1 Q. Now, there's no question in your mind 2 that the originals that you retained in your file, 3 Exhibits 1-A, 2-A and 3-A, do not have any numbers 4 for drivers available being filled in?
5 A. Exactly.
t 6 Q. And I believe you stated earlier it's 7 your practice, if you were going to fill them on 8 one copy, you would conform the other copy to --
9 A. Yes, I would.
10 Q. You'd fill it in on both copies?
11 A. Yes, I would.
12 Q. And that wasn't done here?
13 A. No, it was not.
14 Q. And you have no memory, yourself, of 15 filling in these particular numbers on Exhibits 1, 16 2 and 3?
17 A. No, I do not.
18 Q. And in fact, the exhibits themselves !
19 say the number of drivers available for buses and 20 vans during an emergency response is blank, right?
21 A. Yes. )
l 22 Q. Would you have --
at the time you l l
23 signed these in April, would you have any way of l l
1 I
- 76
- 1 knowing how many drivers would be available for an 2 emergency at Seabrook?
3 A. No. I wouldn't have, no.
4 MR. McEACHERN: That's all.
5 EXAMINATION 6 BY MR. KAPLAN:
7 Q. In the course of your conversations 8 with Mr. Coogan and whoever it was that was with 9 him, did you ever discuss any risks to your 10 drivers, any ill effects or health effects to your 11 drivers, in participating in a radiological 12 response?
13 A. Not with Mr. Coogan. The only time I 14 remember discussing that is, like I said, when 15 this came up in New Jersey, that the people told 16 me they were heading north if anything happened 17 south of them -- just, you know, casual 18 conversation.
l 19 Q. Was there any casual conversation on 1
20 any health effects or risks that your drivers j i
21 might suffer? l l
22 A. No. l l
23 Q. Was there any discussion of any effects l l
. yy
- 1 on your property, your buses?
2 A. No. l l
3 Q. Was there any discussion on any 4 decontamination procedures for your buses?
5 A. No, there was not. l 6 Q. Was there any discussion of restricting l
7 where they would go after they came out of a 8 radiological contamination area?
9 A. No, there was not. Those are some 10 things I never even thought about, as a matter of 11 fact. Good points to bring up.
12 Q. The numbers that are currently on your i
13 own copies of those letters of agreement, that is, 14 the fact that there are no numbers on there, is 15 that accurate in the sense that you actually have 16 no idea of the number of drivers you could 17 provide --
18 A. Yes. l 19 Q. -- and that you could not assure anyone 20 at this point of a number of --
21 A. That's true.
22 Q. --
drivers you could provide? l 23 Could you at any prior time have l
l 1
1
.. 78 1 assured anyone of the number of drivers that you 3
2 believe would be available?
3 A. No, I could not.
4 Q. Did you ever feel that you had made 5 such an assurance to anyone? -
6 A. No, I did not.
7 MR. KAPLAN: I have no further 8 questions.
9 EXAMINATION 10 BY MR. DIGNAN:
11 Q. Mr. Guadagna, I'm Tom Dignan, and I 12 represent the power company, the good guys.
13 You indicated that when you were in New 14 Jersey, you had some matters coming up involving a 15 nuclear plant. Do you remember the name of the 16 plant?
l 17 A. I think it was Oster River or Forked --
l 18 Q. Oster Creek?
19 A. Oster Creek, at Forked River.
i 20 Q. Mr. Guadagna, today's the first day you l l
21 ever met me; is that right? ;
i 22 A. Yes.
23 Q. Besides Mr. Brock, have you ever met I
. '. l any of the other persons in this room before
- 1 2 today?
3 A. I have never met any of the attorneys 4 here today, including Mr. Brock.
5 Q. Your conversation with Mr. Brock was 6 over the phone?
7 A. Yes.
8 Q. And did you and Mr. Brock and Mr.
9 McEachern meet before the deposition today?
10 A. Oh, yes.
11 Q. What did they say to you, and what did 12 you say to them?
' I think the 13 A. They asked me if I -- --
I 14 can't even remember what the conversation was 15 about. See what this job will do to you? If I 16 remember right, they -- something about numbers.
17 Something about numbers, if I'm not mistaken.
I l
18 Q. I'm going to ask you to search your 19 memory, please. Could you try and --
20 A. I'm trying to think. No, in fact it 21 was that nobody was really looking for specific l
22 numbers and specific items, that what they were 23 concerned about was a polling of my people, 1
. 80 1 basically. That's what was said.
2 Q. Did they ask you, in form or in 3 substance, whether or not numbers had been filled 4 in on the letters when you signed them?
5 A. No, not that I remember. All I 6 remember is Mat -- they were concerned about that, 7 they were concerned about the polling of the 8 amount of people and, you know, that was basically 9 it, what the conversation was about.
10 Q. I thought I heard you say earlier, and 11 tell me if I'm wrong if you didn't --
and I don't 12 mean in your deposition, I mean before you sat 13 down, that you had met with another representative 14 of the attorney general's office before today?
15 A. Yeah, but that had nothing to do with 16 this.
17 Q. Oh, okay. If it had -- !
18 A. I met with a lawyer --
19 Q. That's fine. If t had nothing to do 20 with what's going on here today, then you don't 21 have to --
22 A. Well, I mean, there was a conversation 23 pertaining to this deposition today because he !
j
51
- 1 mentioned it to me, but nothing regarding any l
2 information --
3 Q. You had a conversation --
4 A. -- pertaining to this matter or --
5 Q. -- pertaining to this deposition today 6 with an attorney?
7 A. Yes.
8 Q. Who was that attorney?
9 A. He was from Massachusetts. I had a 10 meeting on Sunday in Lowell, last Sunday, and he 11 happened to be there. In fact, he came up and he 12 introduced himself to me, and he -- and I really 1
13 don't even remember what his name was. There were 14 probably 15, 20 people in the room at that time, 15 triple the amount of people that are here today, 16 and I just don't remember his --
17 Q. What was the occasion of your meeting 18 with him? How did it come about that you --
19 A. It was a meeting with the mayor and all 20 these people regarding the situation with my buses )
I 21 from the City of Lowell.
t i
22 Q. Do you remember the conversation -- i 1
23 A. He just came --
l
. 82 1 Q. -- that you and he had?
2 A. -- over to me and -- yeah. He says, "I 3 hear you've made quite an impression up in New 4 Hampshire." And I says, "Oh, really? I've been 5 so busy down here, I haven't noticed." He says, 6 "Yeah, there's a question about whether you have 7 enough drivers for an emergency up at Seabrook."
8 I told him I was meeting with you guys today, and 9 he says, "You're supposed to give a deposition on 10 Tuesday, I'll probably see you there."
11 Q. But you don't remember --
12 A. He looked very much like --
13 (Witness points to Mr. Bisbee.)
14 Q. Like Mr. Bisbee?
15 A. Yeah. That's why I walked over to him 16 at first, I thought that's who it was. My mind 4
17 must be slipping.
18 Q. You don't remember --
19 A. Stress is getting to me.
20 Q. -- his name?
21 A. No, I don't.
22 Q. Was it Olesky (ph)?
23 A. It's possible. I really don't recall l
83 l
i 1 the -- you know, I sat in the room and all these !
2 people came in, and they just -- it was supposed 3 to be a meeting with me and the mayor and my 4 supervisor and the superintendent of schools, and 1
5 as I sat there, it's like the room just started 6 filling up with people and people and people, and 7 as they came in, they all introduced themselves 8 but -- j l
9 Q. Now, in your conversation with Mr. '
10 Brock that you testified to earlier, your l l
11 telephone conversation, did you in form or in i
12 substance state or tell Mr. Brock that it was the :
1 13 state who had filled those numbers in and not you?
14 A. No, I did not tell him that I felt that l l
1 15 the state did, I told him that I do not recall l 16 filling in any numbers at all. l 17 Q. So did you tell him that you didn't 18 fill the numbers in?
19 A. Did I tell him that I didn't fill the 20 numbers in? .
I 1
21 Q. Yes.
22 A. Yes, I did.
23 Q. In the conversation that you had with i
l 1
l l
1
- 84 i
\
l l
1 Mr. McEachern and Mr. Brock prior to the 2 deposition, did you discuss the question of who 3 wrote the numbers in at all? ;
4 A. No, I don't remember discussing that.
)
5 Q. Now, you've indicated under examination l 6 by Mr. Bisbee that you think the numbers 65 in i 7 those two exhibits are in your handwriting?
8 A. They do look very similar to my 9 handwriting, yes. {
10 Q. But that the 170 does not?
11 A. Definitely not. i l
12 Q. Now, I want to try and refresh your
~i 13 recollection. Is it your recollection, at least j 14 all you can testify to today to the best of your 15 knowledge, that you signed the letters without !
l l
16 filling them in?
17 A. Right. l l
18 Q. Do you have any recollection whether ;
19 soneone from the state returned to see you and l 20 asked you to fill in the numbers?
21 A. No, I don't.
22 Q. Do you recall at any time anyone 23 calling you concerning the numberc?
l
. -- 85 i
' .m ,,
.- . l l
1 l
1 1 A. No. I don't, no. l 7
2 Q. Now, you've impressed me as being 3 extremely careful, and you indicated earlier that 4 you did not check with anyone up the line before 5 you signed these letters, other than the 6 vice-president who you talked generally to; is l
7 that right?
8 A. Right. My concern was -- like I said, 9 it was probably just: Be's in the office, the 10 papers are on the corner of my desk. I showed him 11 the papers, and I says, "Do you have a problem 12 with this?" And I think those were my exact 13 words.
14 He told me, he says, "The only problem 15 that I see is with insurance." He says, "Make 16 sure we get insurance coverage. I want to know l l
17 who's liable for anything." And I said, "All l 18 right, fine. So you don't have a problem with 19 it?" And he just sort of shrugged it off.
20 Q. Now, my next question is this: Didn't 21 it concern you that you were signing a letter with 22 a blank in it, if in fact you did? j 23 A. I --
my problem with that is, and l
l i
i
' 86 1 that's why I don't see how I could have filled the 2 numbers in, there were other blanks in there, 3 also. There were blanks as far as the vehicles 4 go, there were blanks as far as the drivers go, 5 and I can't -- I don't see myself just signing the 6 paper without figuring it out and figuring out 7 what they were looking for.
8 Q. Well, that's my point. You have no 9 doubt that that is your signature?
10 A. Yes, that is my signature.
11 Q. And I guess my question to you is:
12 Why, as a responsible executive, you would signed 13 it with the blanks in it? Would you have done 14 that?
15 A. No. Like I said, I just must have done 16 one of these.
17 (Indicating with papers.)
l 18 Q. Well, you knew beforehand, from a j l
19 careful reading of the letters, that there were l 20 blanks?
21 A. Yes.
22 Q. Well, keeping in mind what we just 23 talked about, I want you to search for your best 1
- @T
- 1 memory. Is it still your testimony you signed 2 those things, you think, without filling in the 3 blanks?
4 A. To the best of my knowledge, yes, 5 except for the 65s. Like I said, the 65s have 6 brought a doubt to my mind, because they look very 7 familiar. They look like my 65s.
8 Q. Okay. Take a look look at the 170 9 and --
10 A. That does not look like my handwriting.
11 Q. Okay. Well, you've made it clear it 12 doesn't, and unfortunately I'm not a handwriting 13 expert.
14 A. Neither am I.
15 Q. What makes iu so clear to you that 16 that's not your handwriting?
17 A. It's very sharp, and I don't --
18 Q. Take a look in the seven down in the 19 '87, under your signature. Did you write that? l 20 A. Yes, I did.
21 Q. And do they look distinct to you?
22 A. No. They're not the same, no.
23 Q. No, that's not what I'm saying. Are
, 8@
.. '. l
. 1 ,they different or distinctive in the way they are 2 written? Do they look alike in their --
3 A. No. No, they --
4 Q. They do not look alike?
5 A. No. I write larger than this, and 6 rounder.
7 Q. What color pen do you normally write 8 with?
9 A. What color pen do I normally use?
10 Usually blue -- you know, depending on whether 11 it's the one in my jacket, or the one I have at my 12 desk. -
-) You indicated earlier that Miss 13 Q.
14 Hutchinson indicated to you that in a prior 15 situation, only nine drivers turned out to be 16 available?
17 A. Yes, she did.
18 Q. Did you explore with her at all exactly 19 what the figure nine represented?
I 20 A. You mean how she arrived at that nine? I l
21 Q. Yes. l l
22 A. Yeah, she did tell me that Sean took a 23 survey, and when Sean originally did that, k
r g -
_. 1 evidently it hit the papers or something and the 2 drivers -- you know, some drivers had approached 3 her and said something to the effect that: I see 4 that all of us are doing an emergency evacuation 5 or something, and I'm not going to do it. 'Then I 6 guess from there, somebody else said, "Well, I'm 7 not doing it either." So Ann decided to take a 8 survey at that time, and found that there were 9 only nine people willing to do it-10 Q. And that was what led to the original 11 letter that had nine in it?
12 A. Nine drivers, with Ann? l l
13 Q. Yes. ;
l 14 A. I have no knowledge of that. That was i
15 a situation well prior to me coming into this area )
16 even.
l 17 Q. Did she ever talk to you about an i 18 exercise to be held?
19 A. Yes, she did.
20 Q. And how many drivers did she tell you 21 showed up for --
22 A. If I remember correctly, it was in the 23 same conversation. I think the way the i
1 conversation went was in fact they had an exercise 7
2 and only five people showed up -- is that an 3 understatement?
4 Q. I'm not sure five was the number, but 5 it was less than nine.
6 A. Okay, less than nine. Very small, from 7 what I understand.
8 Q. Now, this conversation with Ann took 9 place when? .
10 A. Months ago.
11 Q. Months ago?
12 A. Several months ago.
13 Q. And yet if I heard correctly from Mr.
14 Bisbee, you made no effort --
you didn't make a 15 call to the state and say: We'd better look at 16 these letters -- in light of that?
17 A. No, we didn't. I figured they would 18 contact me, if there was a problem.
19 Q. Did anyone ever contact you?
20 A. No.
21 Q. Why did you have the understanding that 22 they would be contacting you?
23 A. Well, I figured that somebody would,
.. I because Ann said that somebody from the civil 2 defense would probably be calling me and --
3 Q. That someone from the civil defense 4 would be calling you to --
5 A. Well, no, she said that someone 6 involved with the thing would probably be 7 contacting me, not necessarily who but that 8 someone --
9 Q. Oh, she didn't tell you who it would 10 be, it would just be somebody involved in the 11 Seabrook thing?
12 A. Right, basically. I think she had i
13 maybe mentioned Mr. Coogan's name, I think he had 14 talked to Ann, too.
15 (Indicating Mr. McEachern.)
16 Q. You were you pointing to Mr. McEachern, 17 but you're thinking it's Mr. Coogan?
18 MR. McEACHERU: Be's pointing to Mr.
19 Brock?
20 A. Okay, then, Mr. Brock.
21 Q. So you're thinking that she talked to 22 Mr. Brock?
23 A. Yes, I think she had talked to Mr.
. 12 1 Brock at that point.
2 -Q . And you fully understand Mr. Brock 3 doesn't work for the New Hampshire Civil Defense?
4 A. Now I do, yeah.
5 Q. So, again, I'll ask you: What was the 6 basis of your understanding that someone from the 7 New Hampshire Civil Defense was going to talk to 8 you?
9 A. I just thought that's what would be 10 happening, to culminate all the information that I'm almost positive she would have -- or, 11 we had.
12 they would have already known at that time.
13 Q. Did she tell'you that someone from the 14 New Hampshire Civil Defense would --
15 A. No, not --
16 Q. -- be contacting you?
17 A. -- to the best of my knowledge.
10 HR. DIGNAN: Nothing further.
19 EXAMINATION 20 BY HS. CHAN:
21 Q. Hy name is Elaine Chan, and I represent 22 the U.S. Nuclear Regulatory Commission, and I just 23 have one question about your normal procedure for
18 .
I 1 correspondence of this sort.
i 2 Do you, after you sign a letter, send 3 it out yourself? Or does a secretary check it 4 over and send it out for you?
5 A. A secretary usually sends it out.
6 Q. Is there any chance that the secretary 7 might have noticed that you forgot to fill 8 something in and totaled some numbers and --
9 A. Possibly, I don't --
10 Q. -- decided to fill them in?
11 A. ~t's possible. It's possible.
12 Q. Who is your secretary?
13 A. I have three of them, and any one of 14 them could do that at any time.
15 Q. I see.
i6 A. In fact, since that time, I've probably 17 had six of them in and out of there.
18 Q. Do you recall who might have been your 19 secretary at the time of the signing of those 20 letters, April 22nd, 1987?
21 A. It could have been my wife, who was 22 working upstairs at that time. It's possible.
23 Q. Would that -- if one of your
g 1,. ,
l
~ 1 secretaries had filled in a number, might they 2 come back to you and mention it to you?
3 A. Yes, I would assume so. I don't ever 4 recollect anybody saying anything.
5 MS. CHAN: I have no further 6 questions.
7 MR. BISBEE: I have two quick ones.
8 EXAMINATION 9 BY MR. BISBEE:
Q. You referred to "Sean" earlier. Is 10 11 that Sean Berry?
12 A. Sean Berry, yes.
13 Q. He's the former owner of Berry 14 Transportation?
15 A. Yes, he is 16 Q. And, final: , you acknowledged that the 17 questions asked earl sr about whether you had 18 discussed possible health effects to drivers, 19 possible effects on buses and decontamination 20 proceedings, were good questions?
21 A. Yes, they were.
22 Q. I want to assure you that if you have 23 any questions of that nature, then feel free to l
1 l
1 l
3D i
- W l l
1 raise them with Mr. Coogan when he's next in !
2 contact with you, i I
3 A. I will. It's something I never thought 4 of, what happens to the buses as they're glowing ;
I and things. ;
5 1
6 MR. BISBEE: Okay. Thank you very 7 much. l 1
8 MR. KAPLAN: I'd like to ask_just one 9 or two follow-up questions, if I may.
10 EXAMINATION I 11 BY 11R . KAPLAN:
12 Q. Assuming that these letters of i
13 agreement are currently in force that you have 14 signed, what is your understanding about what you )
15 would do if there were a radiological emergency l 16 and you were called on the telephone and asked to 1
l 17 send buses but your drivers refused to drive? '
18 What would you do?
19 A. At that point, make my vehicles 20 available to any volunteers that would like to 21 drive ther.. I'd try to get ahold of as many 22 people as I could that would volunteer to do the 23 job. But like I said, no matter what the
Es~
- 1 situation is, you can't put a gun to somebody's 2 head and says You're going to do this.
3 I mean, if it's a flood, I might have 4 20 of these people that had volunteered to take 5 over a situation like a flood, and wind up with 6 their house going down the street. I'm sure they're not going to bother driving a school bus
~
7 8 at that point. ,
i 9 Q. 5nd assuming that you were able to get 10 some drivers to go, where would those drivers go 11 with the buses? )
1 12 A. At this time? I really don't know.
13 I've seen no formal plans for evacuation or 14 anything of that nature, similar to what I saw in 15 New Jersey, where some vehicles were going to go l J
16 to specific points and other vehicles were going 17 to shuttle people here and there, and things were 18 going to be moved out in an organized canner.
19 I've seen nothing like that.
20 Q. So I assume that the documents you 21 showed us at the beginning of this meeting are all 22 that's in your file?
23 A. Yes. The only other one is the one 1
1 a
1 I
l
GT 1 upstairs, with the dates on it for the training.
2 Q. And do you have any routing maps?
3 A. No, I don't.
4 Q. Any stage area maps?
5 A. No.
6 Q. Do you have any contingency plans for 7 supplying the keys --
8 A. No.
9 Q. -- to your buses for anybody else?
10 A. No, I do not.
11 Q. Do your bus routes, as your normal 12 operations run, do you drive -- do your drivers go
' from Chelmsford to Exeter, New Hampshire?
13 14 A. On charter trips, yes, they would.
15 Q. And do you know, from your experience, 16 how long a trip that is?
17 A. It's approximately an hour, hour and 18 fifteen minutes, somewhere around there, depending 19 on which route you take.
20 Q. An hour, hour and fifteen minutes?
21 A. Right -- by school bus.
22 Q. Okay. And how about Portsmouth, New 23 Hampshire, do you have occasion to go there?
I have done that in my car. You know, g 1 A.
e 2 I would say pretty close to the same amount of 3 time, not too long. Portsmouth's, what, another 4 ten minuten north, I think, in-state? I'm not 5 that familiar with this area, to be fairly 6 truthful.
7 Q. And I assume it takes the same amount 8 of time to drive in the other direction, so if 9 somebody wanted to go from one of those staging l
10 areas to here to pick up the keys and buses -- are 11 the buses and keys in the same location?
12 A. Which location are you talking about?
) Well, let's say this location.
13 Q.
14 A. This location, yes, they would all be.
15 Q. So if your drivers didn't come in and 16 some people wanted to come down from the New 17 Hampshire staging area to use those buses, it 18 would take them about an bour and fifteen minutes 19 down and then an hour and fifteen minutes to drive 20 back up to New Hampshire?
21 A. I would say that's a pretty good 22 estimate, yes.
23 MR. DIGNAN: I would note the objection
@9 I
1 I
i 1 that -- just in case you want to read this back, 2 that there's no foundation for that question. ;
3 MR. KAPLAN: I think that will do it.
4 Thank you, no further questions.
5 Deponent 6
7 STATE OP 8 !
9 COUNTY OF 10 11 I 12 Subscribed and sworn to before me this day l
13 14 of , 19 .
15 ,
i 16 l
17 Notary Public l
18 Justice of the Peace l 1
l 19 ,
i 20 Hy Commission Expires:
21 1 22 23 1
, i l
)
. 18U l
1 '
) 2 l 3 CE R 1.' I P I'C A T E 4
5 I, Susan' E. Lepore, a Certified Shorthand f 6 Reporter in the State of New Hampshire, do hereby 7 certify that the foregoing is a true and accurate 1 8 transcript of my stenographic notes of the j 9 deposition of Sal Guadagna, who was first duly 10 sworn, taken at the place and on the date 11 heroinbefore set forth.
12 I further certify that I am neither attorney
\ nor counsel for, nor related to or employed by any 13 I
14 of the parties to the action in which this 15 deposition was taken, and further that I am not a l l
16 relative or employee of any attorney or counsel l
l 17 employed in this case, nor am I financially l l
18 interected in this action.
I 20 gn fge 21 StfS M . LEPORE, RPR 22 23
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. OTE OF NEW HAMPSHIRE U " '
EXECUTIVE DEPARTMENT ,
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JAMES A SACCCIES nm. ,,, n,. .,,n,
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s een memnca LETTER OF AGREE >ENT
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National School Bus Service, Inc. (formerly Berry Transportati on ot' Nortbdiampton, New Hampshire recognizes the critical role of major tr4nsport. vion ' vehicles in the event of either natural ogical or technol including the vermont Yankee and Seabrook and other
, Nuclear Po emergencies.' ,For this reason, National School Bus Service, Inc. agrees to assist the State emerQency response effort, in particular the New Ham Civil Defeme Agency, by providing transportation as detailed und
. er the terms s and for such concensation as is deemed fair authority. y, and equ The nntber of buses available for transportation nurposes during an emergency is approximately 62 garaged at 24 Walnut Street, , NH North Hampto The ra.;senger capacity of each bus is 65 students and/or s, 44 adult response h numberis_46 . oj drivers available for buses and vans during cy an emerge School Bus Service, Inc. will make all efforts
, National to ceploy it s
t requested by The New Hampshire Civil Defense Agency. enicles as !
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New mnpahlre Civil Defense s, Nationti Scnool Bus Service, Inc.
i By " C_-(
Michael M. Nawo , Cnief By ,
Technological Haza ds Division , . ' Its A ent Of eareseEtative -
Exe':uted This Day _ V!/
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c = .,d. % % ,.i osaoi 603/271 2234 7 Jk RICHARD H,5TROME JOHN H. SUNUNU mopoensee I4004S2-3792 0.< w,or Goverigw J JAMES A.SAGGIOTES o.guir o,<x ,o, LETTER OF AGREDENT National School Bus Service, Inc. of North Chelmsford, Massachusetts recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies such as flooding, fires, accidents at industrial facilities, including the Vermont Yankee and Seabrook Nuclear Power Plants, and other emergencies. For this reason, National School Bus Service, Inc. agrees to assist the New Hampshire State emergency response effort, in particular the New Hampshire Civil Defense Agency, by providing transportation as detailed under the terms of this agreement or as requested by the New Hampshire Civil Defense Agency, and for such ccmpensation as is deemed fair and equitable by proper authority.
The number of buses available for transportation purposes during an emergency is approximately 78 garaged in Chelmsford, Massachusetts 65 garaged in Lowell, Massachusetts 30 garaged in Stanford, Maine.
The number of vans available for transportation purposes during an emergency is approximately garaged in Chelmsford, Massachusetts garaged in Lowell, Massachusetts garaged in Stanford, Maine.
The passenger capacity of each bus is 65 students and/or 44 adults.
Tne number of drivers available for buses and vans during an emergency response is /70 In the event of an emergency and in coordination with the State, National School Bus Service, Inc. will make all efforts to oeploy its vehicles as requested by The New Hampshire Civil Defense Agency.
New Hampshire Civil Defense National School Bus Service, Inc.
/
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/ Its Agent Of% epresentative
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Michael M. Nawog, Chief Technological Hazards Division \ .)
Executed This Day I. fM '
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RICHARD H. STROME g,, Dwector JAME & A. $ AGGIOTES orever oaector LETTER OF AGREEFENT Marinel Transportation, Inc. of Chelmsford, Massachusetts recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies such as flooding, fires, accidents at industrial facilities, including the Vermont Yankee and Seabrook Nuclear Power Plants, and other emergencies. For this reason, Marinel Transportation, Inc. agrees to assist the State emergency response effort, in particular the New Hampshire Civil Defense Agency, by oroviding transportation as detailed under the terms of this agreement or as requested by the New Hampshire Civil Defense Agency, and for such conpensation as is deemed fair and equitable by proper authority.
The number of buses available for transportation purposes during an emergency is approximately 35 garaged in Milford, New Hampshire 22 garaged in Merrimack, New Hampshire.
The passenger capacity of each bus is 65 students and/or 44 adults.
The number of drivers available for buses and vans during an emernency response is g f.
In the event of an emergency and in ccordination with the State, Marinel Transportation, Inc. will make all efforts to deploy its vehicles as requested by The New Hampshire Civil Defense Agency.
New Hampshire Civil Defense Marinel Transportation, Inc.
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By - e By A Its Aient Or Represeratative Michael M. Nawoj,/Cnief Technological Hazards Division )
Executed This Day h1' O / Executed This Day "/.J.2 / 7' 49868/jmb .
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i TE OF NEW HAMPSHIRE ( ')N - -
. EXECUTIVE DEPARTMENT
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JAMES A.4AGQlOTES Docury Onector y Alth)
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- "'c^ '*o" LETTER OF AGREE {NT -
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J National School Bus Service, Inc. (formerly Berry Transportation, Company) of North Hampton, New Hampshire recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies such as flooding, fires, accidents at industrial facilities, includin0 the Vermont Yankee and Seabrook Nuclear Power Plants, and other emergencies. For this reason, National School Bus Service, Inc. agrees to assist the State emergency response effort, in particular the New Hampshire Civil Defense Agency, by providing transportation as detailed under the terms of this agreement or as requested by the New Hampshire Civil Defense Agency, and for such compensation as is deemed fair and equitable by proper authority.
The number of buses available for transportation purposes during an~
emergency is approximately 62 garaged at 24 Walnut Street, North Hampton, NH The passenger capacity of each bus is 65 students and/or 44 adults.
The number of drivers available for buses and vans during an emergency response is .
In the event of an emergency and in coordination with the State, National School Bus Service, Inc. will make all efforts to deoloy its vehicles as requested by The New Hampshire Civil Defense Agency.
New Hampshire Civil Defense .'.ational School Bus Service, Inc.
By / b" Michael H. Nawaj, Cnief By Its A f(epre gntatjve j
Technological Hazards Division Executed This Day /2/ g.2 Executed This Day #,D -f 7 I j
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' 2 Onecw Gorernor JAWES A. SAGGIOTES LETTER OF AGREE >O4T o.g ,, D ,.e =
National School Bus Service, Inc. of North Chelmsford, Massachusetts recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies such as flooding, fires, accidents at industrial facilities, including the Vermont Yankee and Seabrook fkJclear Power Plants, and other emergencies. For this reason, National School Bus Service, Inc. agrees to assist the New Hampshire State emergency response effort, in particular the New Hampshire Civil Defense A0ency, by providing transportation as detailed under the terms of this agreement or as requested by the New Hampshire Civil Defense Agency, and for such compensation as is deemed fair and equitable by proper authority.
The number of buses available for transportation purposes during an emergency is approximately 78 garaged in Chelmsford, Massachusetts 65 paraged in Lowell, Massachusetts 30 garaged in Stanford, Maine.
The number of vans available for transportation purposes during an emergency is approximately garaged in Chelmsford, Massachusetts garaged in Lowell, Massachusetts garaged in Stanford, Maine.
The passenger capacity of each bus is 65 students and/or 44 adults.
The number of drivers available for buses and vans during an emergency response is .
In the event of an emergency and in coordination with the State, National School Bus Service, Inc. will make all efforts to deploy its vehicles as requested by The New Hampshire Civil Defense Agency.
New Hampshire Civil Defense National Schoo.1. Bus Service, Inc.
By M By .M
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Representative Michael M. Nawoj) Chief Technological Hazards Division Executed This Day / TO Executed This Day M.D i 7
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Ceeused. Pee Homedwo 03301 f N JOHNH.SUNUNU ; RICHARD H. STROME Govemo' -
Oneesoe JAMES A. SAGGIOTES DeMyDuecsor LETTER OF AGREEM:NT Marinel Transportation, Inc. of Chelmsford, Massachusetts recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies such as flooding, fires, accidents at industrial facilities, including the Vermont Yankee and Seabrook Nuclear Power Plants, and other emergencies. For this reason, Marinel Transportation, Inc. agrees to assist the State emergency response effort, in particular the Net. Mampshire Civil Defense Agency, by providing transportation as detailed under the terms of this agreement or as requested by the New Hamoshire Civil Defense Agency, and for such compensation as is deemed fair and equitable by proper authority.
The number of buses available for transportation purposes during an emergency is approximately 35 garaged in Milford, New Hampshire 22 garaged in Merrimack, New Hampshire.
The passenger capacity of each bus is 65 students and/or 44 adults.
The number of drivers available for buses and vans during an emergency response is .
In the event of an emergency and in coordination with the State, Marinel Transportation, Inc. will make all efforts to deploy its vehicles as requested '
by The New Harpshire Civil Defense Agency.
New Harpshire Civil Defense Marinel Transportation, Inc.
1 By By / .' nad Micnael M. Nawoj, Chief ' lts Age 't Dr' fepresentative i Technological Hazards Division Executed This Day Executed This Day / W I '~
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e O STATE OF NEW HAMPSHIR EXECUTIVE DEPARTMENT b)
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D.Hy %ueet February 5, 1987 Mr. Sal Guadagana, General Manager National School Bus Co./Marinel Transportation, Inc.
Ward Way tJorth Chelmsford, Massachusetts 03863
Dear Mr. Guada0ana:
I am writing'as a follow up to a recent conversation Steve Atel of your staff had with Gerald Coogan, a consultant to this Agency. Tne New Hampshire Civil Defense Agency nas been working with various bus provicers and the New Hamosnire School Bus Transportation Association to encourage the voluntary participation in the New Hampshire Emergency Transportation Resource Program.
At its January, 1986 meeting, the New Hamosnire Scncol Eus Transportation Association passed a resolution encouraging voluntary participation ar.cng its memoers in the State's emergency planning efforts. We are pleased with the Associatinn's response, and the response of several bus companies in Hillsoorough, Rockingnam, and Strafford counties wno nave indivicually signe Letters of Agreements witn The New Hampshire Civil Defense Agency.
This year, we are working with bus provicers, such as you s, to seek accitional Letters of Agreement. I have enclosed a p;cposeo Letter of Agreement. Please review tne Letter of Agreement, and if it is agreeable, please sign both ccoies,.and return one to the New Hampsnire Civil Defense -
Agency at State Office Park South, 107 Pleasant Street, Conecre, New Hampsnire C3301 in the self-accressed return envelope enclosed.
If you have any Questions on the Agreement, please free free to contact either Nick Pisnan or Gerald Coogan at 1-800-852-3792 or 1-271-2231. Tnank you for your interest and cccperation.
SincereJy,
,/ ,/ ,.
/ JL- m Michael H. Naw j, Cnief Technological :ards Division FtiN/GIC/jmo Enc.
,, , .. ('DTE OF NEW HAMPSHIRE I l
' EXECUTIVE DEPARTMENT 9'
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Coacord. > he=edwe C3301 JOMN K & UNQ RICMARQ R $7AQug w.tec ttw ,
JAMES A. &AGG4QTE$
Vo w yDeecsoo LETTER OF AGREEMENT Marinel Transportation, Inc. of Chelmsford, Massachusetts recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies suen as flooding, fires, accicents at incestrial facilities, including tne Vermont Yankee and Seaurock Nuclear Power Plants, and other emergencies. For this reason, Marinel Transportation, Inc. agrees to assist the State emergency response effert, in particular the New Hampsnire Civil Defense Agency, by providing transportation as detailed uncer the terms of this agreement or as requested by the New Hampshire Civil Defense Agency, and for such comensation as is deemed fair and equitab.'.e by proper authority. ,
The numoer of buses available for transportation purcoses during an emergency is approximately 35 garaged in Milford, New Hampshire 22 garaged in Herrirack, New Hampshire.
The passenger capacity of each bus is 65 students and/or 44 acults.
The number of crivers availaole for buses and vans during an emergency response is .
In the event of an emergency and in coordination with the State, Marinel Transac tation, Inc. will nia<e all efforts to ceploy its venicles as recueste by The New Hampsnire Civil Cefense Agency, l l
l t4ew Hampsnire Civil Defense Marinel Transportation, Inc.
//
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By 8 7 By Micnael M. Nayoj, Cnlet its Agent Or hepresentative Technological Hazards Division Executed Tnis Day I # fM Executed This Day
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EiTATE OF'NEW HAMPSHIRE U EXECUTIVE DEPARTMENT j
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JMats A. SAGG6CTE$
D* Duty 0"ettor LETTER OF AQiEDEtR Marinel Transportatico, Inc. of Chelmsford, Massacnusetts recogni:es the critical role of major transportation venicles in the event of either natural or technological emergencies such as floccing, fires, accidents at inoustrial facilities, including tne Vermont Yankee and Seacrook Nuclear Power Plants, and other emergencies. For this reason, Marinel Transportation, Inc. agrees to assist the State emergency response effort, in particular the flew Hampshire Civil Defense Agency, by providing transportation as detailed uncer the terms of this agreement or as ret luested by the New HarcSnire Civil Defense Agency, and for such compensation as is ocemed fair and equitable by proper authcrity. ,
The number of buses available for transportation purposes during an emergency is approximately 35 garaged in Hilford,14ew Hampshire 22 garaged in herrimack, New Hampshire.
The passenger capacity of each bus is 65 students and/or 44 adults.
The ner.,er of crivers availaole for buses and vans during an emergency response is .
In tne event of an e .ergency and in coordination with the State, mrinel Transcortation, Inc. will make all efferts to ceploy its venicles as re:;uested by Tne Ne. Hampsnire Civil Defense Agency.
l New Ha.esnire Civil Defense Marinel Transportation, Inc.
1 y g's
- By /8 #m By Micnael M. tomoj, Cru ef Its Agent 0: Representative Technological Hararcs Division Executed This Day "L /+ 2 Executed This Day
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Canmord how H ,dwe 03301 JOHN H. SUNUNU
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[ JAutt A SAGG40TES ytf fL,f oewur o.,neo<
tEW HA!PSHIRE CIVIL DEFEt4SE LIABILITY POLICY In order to address the concerns raised by several volunteer resnurce providers, the New Haripshire Civil Defense Apency offers the following general information with respect to corrpensation and leoal liability.
RSA 107-B provides that the cost of preparing, maintaining, and operating the nuclear planning and response program shall be assessed against the utility. In addition, New Harroshire Yankee has issued a statement of policy affirming its commitment to reimburse any reasonable, legitimate, and incremental costs arising from an emergency response. ( Attactrnent A.)
Accordingly, any such costs incurred by the providers of errergency vehicles as a result of their participation in an emergency response will be reirnbursed by the utility.
State law also protects volunteer emeroency responders from liability to third persons during the performance of civil defense functions. RSA 107:12 (Attachment B) provides emergency responders, whose actions do not constitute wilful misconduct, negligence, or bad faith, with irmunity from liability for personal injuries and orcperty damage. RSA 508:12 (Attachment C) exempts from liability any unpaid volunteer who renders emergency care at the place of the happening of an emergency Cr while in transit in a rescue vehicle. This exemntion is applicable to the extent that the care was provided to a person in urgent need of such care and in good faith without wilful cr wanton negligence.
The New Hampshire Civil Defense Agency believes the above provisions adequately protect emergency vehicle providers. Individual providers, however, should consult with their own legal rounsel to verify the applicability of the cited State laws to their individual activities.
53548/sjc Emergency Managemeni tor New Hampshire
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4 Swvice of New Kynps'*e 9 H:mpshire Yanks e DivfWon Jan sary 24, 1985 ST ATEK!.NT OF POLICY lt is our policy that any reasonable, legitimate and incremental costs incurred by a state or local unit of gove rnment in the develop-cent and implementation of the Seabrook Station Radiological Emergency Response Plan vill be reimbursed by the joint ovners upon approval by the State Civil Def ense Of fice.
It is a part of this policy that any reasonable, legitimate and a incremental costs arising f ro: an alert, standby or state of emergency under the Radiological Energency Response Plan f or Seabrook Station vill be teinbursed by the joint ovners upon approval by the State Civil Defense office.
h -
Edward A. Erown [
president l
l l
l P O Rn SC)O . !+ W:4. NH C3574 . Tete:?ov f 603)an.952)
. os a' 13 107:12 1MMITY Ato EXEMPTION. (a) All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivision thereof, nor, except in cases of wilful misconduct, negligence, or bad faith, any civil defense worker coglying with or reasonably atte@ ting to cogly with this act, or any order, ,
rule or regulation promulgated pursuant to the provisions of this act pursuant to any ordinance relating to black-out or other precautionary, or measures enacted by any political subdivision of the state, shall be liable for the c'eath of or injury to persons, or for damage to property, as a result cf any such activity. The provisions of this section shall not affeet the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the workmen's compensation law, or under any retirement law, nor the right of any such person to receive any benefits or compensation under any act of congress.
(b) Any requirement for a license to practice any professi mechanical or other skill shall not apply to any authorized civil defense worker who shall, in the course of performing his duties as such, practice such professional, mechanical or other skill during a civil defense emergency.
(c) As used in this section the term civil defense worker shall inc1 ~
[g^otherstats y
ny full or part-time paid, volunteer or auxiliary employee of this state, or e , territories, possessions or the District of Columbia, of the federal government, or any neighboring country, or of any political subdivision thereof, or of any agercy or organization, performing civil defense services at any place in this state subject to the order or control of, or pursuant to a request of, the states government or any political Q1 vision tnereof. ,
(d) Dentists licensed in this state and rurses registered in this state or stuoent nurses undergoing training at a licensed hospital in this state during any civil defense emergency shall be regarded as authorized civil defense workers and while so engaged may practice, in addition to the ;
authority granted them by other statutes, administration of anesthetics; minor l surgery; intravenous, subcutaneous and intramuscular procedures; and oral and topical medication under the general but not necessarily direct supervision of a member of the medical staff of a legally incorporated and licensed hosoital of this state, and to assist such staff members in other medical and surgical procedures.
(e) Any civil defense worker, as defined in this section, performing I civil defense services at any place in this state pursuant to agreements, compacts or arrangements for mutual aid and assistance, to wnich the state or a political subdivision thereof is a party, shall possess the same powers, l
duties, immunities and privileges he would ordinarily possess if performing I his duties in tre state, province or political subdivision thereof in which ;
normally e@loyed or rendering services. l l
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i 50Ss11 Breach of Contract te llarry. Breach of contract to marry shall not constitute an injury or wrong recognized by law, and no action.
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suit, or proceeding shall be maintained therefor. c trwta .i s ds. nt.. .t.e-
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=~marr-1 [. te=ce. .ksch pr.eided f.c prec.eding. .p L No hcensed I=hysician, registened nune or bespital shall be hable in a cau .f ect ecrums pn.r t. oct.hu suit for damages as a result of any act or onussaun related to advice, con.
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f 1 , sultation or orders gnen in good fath to driver-attendants or attendanta j 1 p ,
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508: 12 Emergency Care. If any person in good faith renders emer- } IL No driver. attendant, attendant or emergency medical technician-paramedic shall be liable in a suit for daznages as a result of any act or
! gency care at the place of the happening of an emergency or arbide in tran. -
l i h , sit in an ambulance or rescue vehicL, to a person who is in urgent need of t' omission made within the level of his training and certi5 cation and in good W. care as a result of the emergency, and if the acts of care are made in goud p faith based upon advice consultation er orders by remen communication ;
/ faith and without willful or wanton negligence, the penon who renders the 4 as desenbed la paragraph I urdera said act or ernission was a result of j t' ( care is not liable in civil damages for his acts or omissions is rendering h gross negligence or millful misconduct.
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the care, as long as he receives no direct compensation for the care from u tisswer
- er on behalf of the person cared for. Any person rendering emergency care som= tm.10s
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clan, nurse, or other person gn.hr-I to care for such persos as soon as
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.y h 1907, 128:1. 1969, 130: L A -
- 1977. In.urted *das.rt- Aeta.m. for an.dacm3 injury gumersuy, asA serc IM1,322 1, 3977,34321, .f. Asg. 8.1977.
i t pr.eeds.g *s.mpe ets.m". U.Ldaty of p.r a. readertag emnergency ens
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- Jus nernces for said action; and all cuaa accrumg from said ncludmg.action i 4 .., a.m , I,ut not Imuted to. fees pau.l to espcrt witnesws. A11 fees for a e.uu.= b, , wen ,r.
- E*.ach 839s41124 NH 6v6 474 A2J Ms dria n....
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! ' ' amount of damages claimed. but shall instead st tg shall not specify .hnh allege saed sh.the mu.= .h.m .,,ay u .a 5aer. bear 4==. I
. a e that the damages u..nnabdwr ca e tsas 2M .* abnes court to which the pleading is addresa.ed. claimed are within any minimum er ma,nimurn jurisd i
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$ the supreme court from tame to time andmay by be amended by ~ ann. t suw.tasse) m WM s2us0 A2d sdich art adopted or amended by theany other rules ' rd court fees 508:12 Aid at Secoc ef Emergency er te Victim of Crime.
happening of an emergency or to a victim oj act or -
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{CSTATE OF NEW HAMPSHIRE pd
. EXECUTIVE DEPARTMENT s ___ _ _ _ ,
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- O l RICHARO H. sTROut 3h 2 0 wo.
JAuf s A.SAcosof ts Deputy O wor March 26, 1967 Mr. Sal Guadagana, General Manager National School Bus Co./Marinel Transportation, Inc.
Ward Way North Chelmsford, Massachusetts 03863
Dear Mr. Guadagana:
I have enclosed a draft of a Letter of Agreement for your review. After you have reviewed it, I would be pleased to try and answer your questions.
The Ne.t Hampshire Civil Defense Agency has signed Letters of Agreements I with several corroanies; we are attempting to supplement our resources by seeking additional Letters of Agreements with companies such as yours.
Thank you for your cooperation.
Sincerely, ML -
Gerald I. Coogan GIC/jmb enclosure 49983 !
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STATE OF NEW HAMPSHIR EXECUTIVE DEPARTMENT -
8F T e . ., . c,.J Ciesen.e Apan
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c-.,J.-, u.cui L ,ggZ m JOrwe et $4eesWeev AACMAADw.ETAOME Geeernor D. rector JAut$ A. SAGG60TES Acril 13,1987 **"**'"
Mr. Sal Guadagna, Director of Operations .
National Sctool Bus Service, Inc.
Ward Way North Cnelmsford, Massa:tusetts 01863
Dear Sal:
I apareciate the time you scent with Nick Pisnan and Jerry Coogan the other day, and I was cleased to hear of your wi.'.lingness to share the bus resourecs of your comoany with the State or Ne hamashire in the event of an emergency situation. As a follow up to that djscussion, we would like to secure Letters of Agreenents with your Company relative to buses located at Chelmsford and Lowell Hassachusetts and Sanford, Maine. I h3ve also enclosed a separate Letter of Agreement covering the Berry Transportation Co. in North Hampton, New Haacshire. The Letters of Agreements are the same as the letter we lef t with you a few days ago. If trese Lette.cs meet with your accroval, we would aopreciate your signing and returning tnem to the New Haroshire Civil Defense Agercy. Could you also in: luce any vans your fim has available, anc would ask that they te ircluded in the Agreenents, he would like to begin to schedule trainiro for your bus orivers at a time convenient for both the co cany and drivers. Please let us know when these arrargements can made.
Finally, we would like to furtrer discuss the possibility of securing an Agreement for the buses 1ccated in Hilford and Merrima:k New Haceshire. We urcerstand you are in the process of ciiscussirg tnis matter with s rcol officials in those towns. . -
Tnank you very mu:n for your assistance and cocoeration, and clease feel f ree to contact me if you have any cuestions regarding the Letters of Agreements or the State of Ne Hampsnire Raciolo;ical Emergency Response Plan.
Sirce' rely,
~'
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Micnael H. Nawof, Chief Technological Hazards Division MUGIC/jmb erclosure 55133
4 n. '
e STATE OF NEW HAMPSHIRE C
EXECUTIVE DEPARTMENT -
l 9 e.e= hampe6-e C4 Dehn Agency S on.. w s 107 Ptee.ms S.rees Cmard, see. ,ennp.h., c3M) g ABCMARCfh. STROME On.cso, JAMES A SACCIOTES LETTER OF AGREDEtiT o.w o.,.:,.,
National SCnool Bus Service, Inc. of North Chelmsford, Massachusetts recognizes the critical role of major transportation vehicles in the event of either natural or teennological emergencies such as flooding, fires, accioents at industrial f acilities, including tne Vermont Yan,<ee and Seatrook Nuclear Power Plants, snd other emergencies. For this reason, National S nocl Bus Service, Inc. agrees to assist the New Harrcshire State emergency response effort, in particular the New Haepshire Civil Defense Agency, by oroviding transportation as detaileo unoer the terms of this agreement or as reouested by the New Hampsnire Civil Defense Agency, and for such cocoensation as is ceemed fair and equitable by proper authority.
The nmaer of buses available for transportation purposes during an emergency is approximately 78 garaged in Cnelmsford, Massachusetts 65 garaged in Lowell, Massachusetts 30 garaged in Stanford, Maine.
The nmcer of vans available for transportation purposes curing an emergency is approximately garaged in Chelmsford, Massacrx;setts garaged in Lowell, Massachusetts paraged in Stanford, Maine.
The passenger capacity of each bus is 65 stucents anc/or 44 aoults.
The nacer of crivers available for buses and vans curing an emergency ,
response is .
In the event of an emer;cncy and in coorcination with tne 5: ate, National -
l 5:nool Bus Service, Inc. will make all efforts to ceploy its venicles as l requested by The New Hampsnire Civil Defense Agency. '
New Hanashire Civil Defense National School Bus Service, Inc.
- a By / - By Micnael H. Nawo), Cnief Its Agent 0: Representative Technological Ha:ards Division Executed This Day /i () '
Executed This Day
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,oo STATE OF NEW HAMPSHIRE EXECUTIVE DEPARTMENT
% hamp h-e CW De4ea.e Ae,ary 9
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See e oHee te4 u 107 Pte noas $=ee, Ceassed. % hampenne C1301 AICHARptt $TROM[ ,
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LETTER OF AGREEFENT National School Bus Service, Inc. of North Cnelmsford, Massa nusetts recognizes the critical role of major transportation vehicles in the event of either natural or technological eargencies such as flooding, fires, accioents at industrial facilities, including the Vermont Yankee and Seabrook tb: lear Power Plants, and other emergencies. For this reason, National School Bus Service, Inc. agrees to assist the New Hamoshire State emer0ency response effort, in particular the New Hamoshire Civil Defense Anency, by oroviding transportation as detailed under the terms of this acreement or as reouested T
by the New Hampsnire Civil Def ense Agency, and for such co. oensation as is ceemed fair and equitable by proper authority.
The number of buses available for transportation purposes caring an emergency is approximately 78 garaged in Chelmsford, Massachusetts 65 qaraged in Lowell, Massacnusetts 30 garaged in Stanford, Maine.
The nmcer of vans available for transoortation purposes during an emergency is aporoximately paraged in Cnelmsford, Massachusetts paraged in Lowell, Massa nusetts garaged in Stanfor:', Maine.
The passenger capacity of ea:n bus is 65 students and/or 44 aoJ1ts.
Tne numDer of crivers availacle for buses and vans curing an emergency response is .
In the event of an emergency anc in coordination with the State, National -
5:nocl Bus Service,- Inc. will r.ake all efforts to oeploy its venicles as requested by The New Ha.psnire
? Civil Defense Agency.
New Hampshire Civil Defense t ional School Bus Service, Inc.
By / b By Its Agent Or Representative Micnael M. Nawojj Cnlef Technological Hazarcs Division Executed This Day / 9] Executed This Day __
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ST ATE OF NEW HAMPSHIRE EXECUTIVE DEPMtiMENT e . n.., .c dto 4.ao s ce . w s-.
107 Me a. b=*e.
Cmmend e tees, aw, 03304 603/771 2231 Joeese M. W IUCMARM. ST R OW E IM2M .
Go.eamer Dwecew JAutt A.SAGG60T16 c,.u, o.,.e o.
Lt.IIt.H OF ACEMENT of North Mmpton, New Hampsnire recognices the critical rol transoortation vehicles in tne event of either natural or technological emergencies such as flooding, fires, at:icents at industrial facilities, including the Vermont Yankee and Seabrook toelear Power Plants, and other emergencies.
For this reason, National School Eus Service, Inc. agrees to assist the State emergency response effort, in particular tne New Hamasnire Civil Defense Agency,' by providing transportation as oetailed uncer the terms and for authority. su:n compensation as is deemed fair and ecuitable b The ntnaer or buses availacle for transnortation purposes durina an emergency is approximately 62 garaged at 24 Halnut Street, North Hamoton, NH Tne passenger capacity of ea:n bus is 65 stuoents and/or 44 aoults.
Tne numoer response is of crivers availaole for buses and vans curing an emergency 1
1 In the event of an emergency and in coorcination with the State, national I Sencol Bus Service, Inc. mill make all efforts to ceploy its vehicles as repuested by The New Hampthire Civil Defense Apancy. , i l
New Hampshire Civil Defense tutional School Bus Service, Inc.
t By 4 '
By Hfenael H. Nawoj, Cmef Technological Hararos Division Its Agent Dr neoresentative Executed This Day _ f / 7
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' STATE OF NEW HAMPSHIRE EXECUTIVE DEPARTMENT , -
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GW'" Dereteor JAMES A. EACGIOTE&
Dewy Dana LETTER OF AGREE >ENT National School Bus Service, Inc. (formerly Berry Transportation, Comoany) of North Hampton, New Hampshire recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies suen as flooding, fires, at:icents at incastrial f a:llities, including the Vermont Yankee and Seabrook Nuclear Power Plants, and other emergencies. For this reason, National School Bus Service, Inc. agrees to assist tne State emergency response effort, in particular the New Ha.osnire Civil Defense Agency, by providing transportation as cetailed under the terms of tnis agree ent or as requested by the New Hamshire Civil Defense Agency, and for such compensation as is deemed fair and equitable oy preper autnority.
The number of buses available for transportation purposes curing an emergency is approximately 62 garaged at 24 halnut Street, North Hampton, NH Tne passenger caca:ity of each bus is 65 students and/or 44 acults. -
Tne nur:cer of crivers available for buses and vans during an emergency response is .
In tne event of an emergency and in coordination with the State, National Sencol Bus Service, Inc. will make all efforts to oeploy its venicles as requested by The New Hamosnire Civil Defense Agency. - .
New Hampshire Civil Defense Nat'ional 5:ncol Eus Service, Inc.
- 4 By ~ ' b~ By Its Agent Or hepresentative buchael M. Nawo,j, Cruef Technologica'. Hazarcs Division ;
Executed This Day M/ Executed This Day
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s .t i S E OF NEW HAMPSHIRE EXECUTIVE DEPAFITMENT -
s on.ce os tme,geacy waa9emeas ,gg, n . 4.1 f'jg% \)
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107 Pte66aat Street y*. "" ..' ,
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mm..m. I 1 4004 52-3782 FuCH ARD H. ST ROME ,
JOHN H, $UNUNU Orocer Gaeraer i JAMES A.5AGolo7ES I De m Deocion l
Aly 13, 1987 l I
Mr. Sal Guacagana, District Manager National Scnool Bus Service, Irc.
Warecy C1863 \
North Cnelmsford, Massachusetts
Dear Sal:
cates for Radiological Emergency October Response Tra drivers. Possible cates in October include:As I mentioned, we can schedule the trl .
6,7,8,13,14,15,20,21,22. I asstr.e we will ..
to the convenience of your local manager and bus crivers. tts, have at least three separate sessions in North Cnelmsford, Massa nusehe) ;
North Ha@ ton, New Ha@ shire and Sanford, Maine.
be. i I will call in early August af ter you have had an opportunity to rev e these cates with your local manager.
We appreciate your assistance.
Tnank you f or your cc,cperation.
Cordially, f
NW1
' Geraic I. Co:gan od GIC/y.D ,
617G cc: Rooert &ffries
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+ CERTIEIC&TE QE SEBYICE I, Matthew T. Brock, one of the attorneys f or the Town of Hampton herein, hereby certify that on November 30, 1987, I made service of the foregoing document, REBUTTAL TESTI MONY OF S AL P. GUADAGNA, by depositing copies thereof in the United States Mail, first class postage prepaid f or delivery addressed to:
Ivan Smith, Esq., Chairman Dr. Jerry Harbour Atomic Safety & Licensing Board Atomic Safety & Licensing Board (Off-Site) (Off-site)
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.
East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Judge Gustave A. Linenberger, Jr. Atomic Safety & Licensing Atomic Safety & Licensing Board Board Panel !
(Off-Site) U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Commission Washington, DC 20555 ,
East West Towers Building 4350 East West Highway Bethesda, MD 20814 Atomic Safety & Licensing Appeal Board Panel "
Docketing and Service U.S. Nuclear Regulatory Comm. '
U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Philip Ahrens, Esq. Thomas Dignan, Esq. ,
Assistant Attorney General George B. Lewald, Esq.
Office of the Attorney General Kathryn A. Selleck, Esq.
State House Ropes & Gray Station 6 225 Frankin Street Augusta, ME 04333 Boston, MA 02110 Sherwin E. Turk, Esq. Carol S. Sneider, Esq. ,
Office of the Exec. Legal Dir. Donald S. Bronstein, Esq.
U.S. Nuclear Regulatory Commission Allan R. Pierce, Esq.
Tenth Floor Department of the Atty General 7735 Old Georgetown Road one Ashburton Place Bethesda, MD 20814 Boston, MA 02108 Diane Curran, Esq. George Dana Bisbee, Esq.
Andrea C. Ferster, Esq. Stephen E. Merrill, Esq. i Harmon & Weiss Office of the Attorney General 2001 S Street, N.W., Suite 430 State House Annex Washington, DC 20009-1125 Concord, NH 03301 l
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l Edward A. Thomas Robert A. Backus, Esq.
i Federal Emergency Mgat. Agency Backus, Meyer & Solomon 1
442 J.W. McCormack (POCH) 111 Lowell Street Boston, MA 02109 Manchester, NH 03105 l
Mrs. Anne E. Goodman Jane Doughty Board of Selectmen Seacoast Anti-Pollution League l 33-15 Newmarket Road 5 Market Street Durham, NH 03824 Portsmouth, NH 03801 William S. Lord, Selectman Rep. Roberta C. Pevear
! Town Hall Drinkwater Road l Friend Street Hampton Falls, NH 03844 Amesbury, MA 01913 <
Mr. Angie Machiros, Chairman H. Joseph Flynn, Esq.
Board of Selectmen Office of General Counsel Newbury, MA 01950 Federal Emergency Mgmt. Agency 500 C Street, S.W.
Washington, DC 20472 Stanley W. Knowles Richard E. Sullivan Board of Selectmen Mayor P.O. Box 710 City Hall North Hampton, NH 03862 Newburyport, MA 01950 J.P. Nadeau, Selectman Alfred V. Sargent, Chairman l Selectmen's Office Board of Selectmen 10 Central Road Town of Salisbury Rye, NH 03870 Salisbury, MA 01950 Senator Gordon J. Humphrey Senator Gordon J. Humphrey U.S. Senate One Eagle Square, Suite 507 :
Washington, DC 20510 Concord, NH 0301 ,
(Attn: Tom Burack) (Attn: Herb Boynton) ,
William Armstrong Allen Lampert i Civil Defense Director Civil Defense Director 10 Front Street Town of Brentwood Exeter, NH 03833 Exeter, NH 03833 Richard A. Hampe, Esq. Gary W. Holmes, Esq.
Hampe and McNicholas Holmes and Ellis 35 Pleasant Street 47 Winnacunnet Road Concord, NH 03301 Hampton, NH 03842 l
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o O O charles P. Graham, Esq. Calvin A. Canney, City Manager McKay, Murphy & Graham City Hall 100 Main Street 126 Daniel Street Amesbury, MA 01913 Portsmouth, NH 03801 Sandra Gavutis Brentwood Board of Selectmen Town of Kensington RFD Dalton Road RFD 1, Box 1154 Brentwood, NH 03833 East Kensington, NH 03827 Robert Carrigg, Chairman Mr. Thomas H. Powers, III Board of Selectmen Town Manager Town Office Town of Exeter i Atlantic Avenue 10 Front Sreet No. Hampton, NB 03862 Exeter, NH 03833 Judith H. Mizner, Esq.
Silvergate, Gertner, Baker, Pine, Good & Mizner 88 Broad Street Boston, MA 02110 Matthew T. Brock i
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