ML20150C613

Notice of Taking Deposition of EA Thomas,D Mcloughin,J Hock, Jh Keller,Wr Cumming,C Wingo,H Vickers JW Becton & G Peterson.* Certificate of Svc Encl.Related Correspondence

ML20150C613
Person / Time
Site:	Seabrook
Issue date:	03/16/1988
From:	Backus R, Brock M, Sneider C, Weiss E BACKUS, MEYER & SOLOMON, HAMPTON, NH, HARMON & WEISS, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE, SHAINES & MCEACHERN
To:
References
CON-#188-5857 OL, NUDOCS 8803210113
Download: ML20150C613 (15)

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r $257 RHATED CORRESPOilDEfiCi$

e D0CKETED UNITED STATES OF AMERICA UWRC NUCLEAR REGULATORY COMMISSION 10 NW 17 P3 M9

. Before Administrative Judges:

Ivan W. Smith, Chairman OFMCE F !u .-r Dr. Jerry Harbour 00CMIM 6 #dCf.

Gustave A. Linenberger, Jr. ORAhU

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In the Matter of )

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PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. ) (Off-Site EP)

(Seabrook Station, Units 1 and 2) ) March 16, 1988

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NOTICE OF TAKING DEPOSITION OF EDWARD A. THOMAS, DAVID MCLOUGHLIN, DR. JOAN HOCK, JOSEPH H. KELLER, WILLIAM R. CUMMING, CRAIG WINGO, HENRY VICKERS, JULIUS W. BECTON, JR., AND GRANT PETERSON To: FEDERAL EMERGENCY MANAGEMENT AGENCY c/o H. Joseph Flynn, Esq.

Assistant General Counsel 500 C Street, S.W.

Washington, DC 20472 Please take notice that, pursuant to 10 C.F.R. S 2.740(a),

Massachusetts Attorney General James M. Shannon, New England Coalition on Nuclear Pollution, Seacoast Anti-Pollution League and Town of Hamptor, will take the depositions upon oral examination of the following persons, at the dates and times set forth, before a notary public or other officer authorized to administer oaths, at the offices of Attorney General James M. Shannon, One Ashburton Place, Room 1902, Boston, MA, or at such other time and place as the parties may mutually Occpesg PDh }$() 3

e Deponent Date Time Edward A. Thomas March 23, 1988 9:00 a.m.

Dr. Joan Hock . March 23, 1988 2:00 p.m.

Joseph H. Keller March 23, 1988 3:00 p.m.

William R. Cumming March 23, 1988 4:00 p.m.

David McLoughlin March 24, 1988 9:00 a.m.

Craig Wingo March 24, 1988 2:00 p.m.

Henry Vickers March 25, 1988 9:00 a.m.

Julius W. Becton, Jr. March 25, 1988 10:00 a.m.

Grant Peterson March 25, 1988 2:00 p.m.

The deponents shall bring to the deposition all docume nts specified in the attached schedule of documents. The deponents will be examined regarding the bases for FEMA's present position on sheltering contentions, including the process whereby FEMA developed that position.

You are invited to atter.d and cross examine.

Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL By: W PS Carol S. Sneider Assistant Attorney General Nuclear Safety Unit Department of Attorney General Boston, MA 02108-1683 (617) 727-2265 NEW ENGLAND COALITION ON NUCLEAR POLLUTION By: L!r4% b ' I 5

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Ellyn Weiss Harmon & Weiss Suite 430 2001 S Street, N.W.

Washington, DC 20009 (202) 328-3500 l

o SEACOAST ANTI-POLLUTIOli '.EAGUE l0Cb)L'tf~ 0 0d 0.]OLJ

, hl bb By: Robert A. Backus, Esq.

Backus, Meyer & Solomon 116 Lowell Street P.O. Box 516 Manchester, 11H 03106 (603) 668-7272 TOWN OF HAMPTON By: /bNthf!tLtd / 70 C E l d' $ $

Matthew T. Brock, Esq. '

Shaines & McEachern 25 Maplewood Avenue P.O. Box 360 Portsmouth, NH 03801 (603) 436-3110 Dated: March 16, 1988 s

SCHEDULE OF DOCUMENTS As used herein the term "Document" or "Documents" means any written or graphic matter of communication, however produced or reproduced, in the possession, custody, or control of any of FEMA's officials, and is intended to be comprehensive and include without limitation any and all cartespondence, letters, telegrams, agreements, notes, contracts, instructions, reports, demands, memoranda, data, schedules, notices, work papers, recordings, whether electronic or by other means, co.mputer data, computer printouts, photographs, microfilm, microfiche, charts, analyses, in'ra-corporate or intra-office communications, notebooks, diaries, sketches, diagrams, forms, manuals, biochures, lists, publications, drafta, telephone minutes, telephone logs, minutes of meetings, statements, calendars, journals, orders, confirmations and all other written or graphic materials of any nature whatsoever.

If any privilege or work product immunity is claimed as a ground for not producing any document, state for each such document its preparation date(s), author (s), addressee (s),

recipient (s), custodian (s), title (s), number of pages, and subject matter to the extent not privileged, as well as the basis for withholding it.

1) Any and all documents relied upon by FEMA for its determination that the "rationale for the State's choice". . . is technically supportable." FEMA Testimony at p. 3.

2) Copies of all documents pertaining in any way to communications, including all notations, memoranda or other records of communications, occurring between NRC and/or its contractors and FEMA and/or its contractors from December, 1987, through the present and concerning FEMA's or NRC's position on the sheltering contentions and/or the adequacy of protective actions for the beach population.

3) Copies of all documents pertaining in any way to communications, including all notations, memoranda or other reco ds of communications occurring between Applicants ans FEMA and/or its contractors from December, 1987 through the present and concerning FEMA's or the Applicants' position on the sheltering contentions and/or the adequacy of protective actions for the beach population.

4) Copies of all documents pertaining in any way to co....nunications, including all notations, memoranda or other records of communications, occurring between the State of New Hampshire and FEMA and/or its contractors from December, 1987, through the present and concerning FEMA's or the State of New Hampshire's position on the sheltering contentions and/or the adequacy of protective actions for the beach population.

5) Copies of all documents pertaining in any way to communications, including all notations, memoranda or other racords of communications, occurring between the RAC and/or individual members thereof and FEMA and/or its contractors from December, 1987 through the present and concerning FEMA's or the RAC's position on the adequacy of protective actions for the beach population.

6) Copies of all documents pertaining in any way to communications, including all notations, memoranda, or records of communications, occurring between FEMA and the White House or any person in the Executive Branch who is not employed by FEMA or is not a member of the RAC, from June, 1987, through the present, concerning the Seabrook Nuclear power plant and/or FEMA's position on the sheltering contentions.

7) Copies of the minutes of the 'ebruary 29, 1988 RAC meeting and all other notes or memoranda pertaining to that meeting.

8) A list of all documents relevant to the NHRERP's treatment of the beach population that were distributed to the RAC for consideration at its February 29, 1988 meeting and copies of all documents on that list not previously served on the parties.

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9) Any and all documents relied upon to support FEMA's statement that "unless a release of radioactive material is underway, there is little or no likelihood of having reliable predictive information needed to perform dose projection calculations." FEMA Testimony at p. 9.

10) Any and all documents or materials relied upon to support FEMA's statement that "in severe accident sequences the ground-shine component is most likely to be the major contributor to total dose if no protective actions are taken." FEMA Testimony at p. 9.

11) Any and all documents relied upon to support FEMA's Statement, at p. 9, that "In those cases, if the dose reduction strategy is sheltering first followed by an evacuation after plume passage, the total dose reduction would not be as great as tnat for the immediate evacution strategy."

12) Any and all documents relied upon to support FEMA's statement at p. 10 of its Testimony that, 'By implementation of the immediate evacuation strategy, dose reduction greater than those to be derived from a

' shelter first-evacuate later' concept can be obtained by movement of the population relatively short distances even in the extremely unlikely case where the plume track and the evacution routes coincide.'

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13) Any and all documents reviewed by FEMA that are relevant to its position that "there exists a technically appropriate basis for the choice made by the State of New Hampshire not to shelter the summer beach population except in very limited circumstances."

14) Any and all documents reviewed by FEMA that are relevant to its position that, "The requirement for a range of protective measures has been satisfied even though the State of New Hampshire has chosen not to shelter the summer beach population except in very limited circumstances." FEMA Testimony at 9.

15) Any and all site-specific documents FEMA has reviewed in reaching its position on the sheltering contentions and/or the adequacy of protective actions for the beach population.

16) Any and all documents FEMA haa reviewed that would in any way alter the factual basis for its conclusion, stated in FEMA's prefiled testimony dated September 11, 1987, at p. 60, that, "using the standard guidance for the initiation and duration of radiological releases, and the current New Hampshire RERP including ETE, it appears that thousands of people could be unable to leave during an accident at Seabrook involving a major release of radioactivity without adequate shelter for as much as the entire duration of that release "

17) Any and all documents FEMA relies upon or may rely upon to support a conclusion that the NHRERP "adequately protect (s] the public health and safety by providing reasonable assurance that appropriate protective measures can be taken offsite in the event of a radiological emergency" even though as stated at

p. 60 of FEMA's Prefiled Testimony, dated September 11, 1987, "it appears that thousands of people could be unable to leave during an accident at Seabrook involving a major release of radioactivity without adequate shelter for as much as the entire duration of that release."

18) Any and all documents relied upon by FEMA to support the statement on p. 3 of its Testimony that, "the Prefiled Testimony dated September 11, 1987, is outdated."

19) All telephone logs and appoirAment calendars of each of the deponents from June, 1987, through the present,

20) Any and all documents pertaining to FEMA's decision not to use Edward Thomas as a witneas.

21) Any and all documents pertaining to FEMA's decision not to use Dave McLoughlin as a witness.

22) Any and all documents pertaining to FEMA's decision to use Joseph H. Keller as a witness, including copies of any contracts with Mr. Keller.

23) Any and all documents pertaining to FEMA's decision to use Dr. Joan Hock as a witness.

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24) Any and all documents pertinent to the evolution of FEMA's in'terim position, set forth in FEMA's Supplemental Testimony, dated January 25, 1988,

25) Any and all documents, including memoranda of law, pertaining to FEMA's understanding of its role as lead agency in evaluating off-site emergency plans and interpreting off-site emergency planning criteria.

26) Any and all documents, including memoranda of law, pertaining to FEMA's interpretation of the term "range of protective actions."

27) Any and all documents which in whole or in part assess, evaluate, describe or consider the dose savings to the beach population attributable to evacuation, assuming a quickly developing accident occurring on a peak summer weekend.

28) Any and all documents which in whole or in part assess, evaluate, describe or consider the dose savings to the beach population attributable to early beach closing, assuming a quickly developing accident occurring on a peak summer weekend.

29) Any and all documents which in whole or in part assess, evaluate, describe or consider the health consequences associated with a quickly developing accident occurring on a peak summer weekend should an evacuation be ordered, either with or without early beach closing.

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30) Any and all documents, including all agency guidance, opinions, and memoranda, regarding the roles of FEMA and the NRC in evaluating emergency planning and preparedness for nuclear power plants.

31) Any and all documents which relate to, or which FEMA relies upon for, its interpretation of its regulations as set forth at page 7 of FEMA's Supplemental Testimony, wherein it states: "FEMA interprets its regulations to mean that it must determine first whether radiological emergency response plans comply with NUREG 0654/ FEMA REP 1, Rev. 1 (44 C.F.R.

S350.5(a)) and secondly whether such plans ' adequately protect the public health and safety by providing reasonable assurance that appropriate protective measures can be taken offsite in the event of a radiological emergency' (44 C.F.R. S350.5(b))."

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DOCKEiED UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION gg gg 17 P3 49 OFnt!. , :Lu r in' 00CKET E A cLlvCF.

ER ANC6i

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In the Matter of )

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PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

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CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on March 16, 1988, I made service of the within Notice of Taking Depositions of Edward A. Thomas, David McLoughlin, Dr. Joan Hock, Joseph H. Keller, William R. Cumming, Craig Wingo, Henry Vickers, Julius W. Becton, Jr.

and Grant Peterson, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, to:

• Ivan Smith, Chairman *Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814

• Dr. Jerry Harbour *Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Office of General Counsel Commission 15th Floor East West Towers Building 11555 Rockville Pike 4350 East West Highway Rockville, MD 20852 Bethesda, MD 20814

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• H. Joseph Flynn, Esq.

• Stephen E. Merrill f Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency -

Office of the Attorney General 500.C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301

• Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 '

Roberta C. Pevear Diana P. Randall  ;

State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road &

Hampton Falls, NH 03844 l

Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Naclear Regulatory 5 Market Street l Commission Portsmouth, NH 03801 Washington, DC 20555

• Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road i 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 '

Sandra Gavutis, Chairperson Calvin A. Canney i Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 '

Senator Gordon J. Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Edward G. Molin h 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 .

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Donald E. Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss Department of the Attorney suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333

• Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Exeter, NJ 03833 Commission Washington, DC 20555 Dr. Emmeth A. Luebke Charles P. Graham, Esq.

5500 Friendship Boulevard McKay, Murphy & Graham Apartment 1923 Old Post Office Square Chevy Chase, MD 100 Main Street Amesbury, MA 01913 h_

Judith H. Mizner, Esq.

Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 t > 'b . b' fw ls ( ! w..

Carol S. Sneider Assistant Attorney General tiuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2265 Dated: March 16, 1988