ML20151G564
| ML20151G564 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/15/1988 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | MASSACHUSETTS, COMMONWEALTH OF |
| References | |
| CON-#388-6776 OL-1, NUDOCS 8807290014 | |
| Download: ML20151G564 (9) | |
Text
.4776 gacxtree USNRC gepteo c,Oaae,sntN#"E
.s JUL 22 P2 d 6
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- Dated:
July 15, 19 8 b ^.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
)
Docket Nos. 50-443-OL-1 In the Matter of
)
50-444-OL-1
)
PUBLIC SERVICE COMPANY OF
)
(On-Site Emergency Planning OF NEW HAMPSHIRE, et al.
)
and Safety Issues)
)
)
(Seabrook Station, Units 1 and 2) )
)
APPLICANTS' RESPONSE TO "MASSACHUSETTS ATTOkNEY GENERAL'S FIRST REQUEST TO APPLICANTS FOR PRODUCTION OF DOCUMENTS AND ENTRY UPON LAND FOR INSPECTION REGARDING SIREN CONTENTION" Pursuant to 10 C.F.R. 52.741, Applicants herein respond to "Massachusetts Attorney General's First Request to Applicants for Production of Documents and Entry Upon Land for Inspection Regarding Siren Contentions".
Applicants object to producing documents as requested by the Attorney General for the Commor. wealth of Massachusetts ("Mass AG") at Mass AG's office in Boston on a Saturday.
Documents will txa produced at the Seabrook Station and will be made available to Mass AG or his representatives at a time between 8:00 a.m.
and 4:00 p.m.,
Monday through Friday, beginning Monday, July 18, 1988, as arranged with reasonable advance notice to undersigned counsel for Applicants.
Applicants are filing and serving this 8807290014 080715 PDR ADOCK 05000443 0
PDR op
I i
x-,
response in advance of the deadline cc that early arrangements can be made for inspecting documents at Seabrook Station.
~opies of documents will be made by Applicants at the cost to Mass AG of $ 17 per page.
Copies will be made within three business dayc of request.
Copies may be picked up or arrangements may be made for delivery to Mass AG at Mass AG's expense.
REOUEST NO. 1 Figure 2-2 of the Design Report.
RESPONSE
Applicants object to producing the requested document, which contains confidential information about staging area and acoustic locations, and move for a protective order in the form submitted with Applicants' response to the first set of interrogatories propounded by Mass AG.
Under an appropriate protective order or agreement, Applicants will produce the document requested.
Insofar as Mass AJ has requested documents containing confidential information, Applicants note that such informatien has been available to Mass AG since at least June 22, 1988 for all legitimate uses except dissemination to the public.
Mass AG has refused Applicants' offer to enter into a protactive agreement which would allow Mass AG immediate access to the information.
Applicants repeat here once again their offer that, pursuant to such an agreement, Mass AG may have and use the information and pass it among his agent and consultants as 2ong 1 l
as he does not publish it to the general public, at least until the Applicants' motion for protective order is decided.
REQUEST NO. 2 All documents the Applicants were asked to identify in the Massachusetts Attorney General's First Set Of Interrogatories to Applicants Regarding Siren Contentions.
RESPONSE
To the extent this request is for documents containing confidential information of staging area and acoustic locations, Applicants incorporate here their objection and motion for a protective order.
Applicants will produce the other documents requested and will produce the confidential documents under an appropriate protective order or agreement.
REOUEST NO. 3 All documents related to Table 2-2 of the Design Report including backup material and raw data on VANS Route Times.
RESPONSE
Applicants incorporate here their response to Request No.
2.
In addition, Applicants point out that they had hand delivered to Mass AG on July 7, 1988 all documents regarding VANS route times and player logs containing the chronological sequence of all VANS l
field activities demcnstrated during the Graded Exercise of June l
28-29, 1988.
.j REQUEST NO. 4 All documents relating to or comprising manufacturer t
specifications, descriptions and instructions for the VANS trucks, the sirens employed on the VANS vehicles and the airborne alerting system helicopter, the telescoping crane, the _ _ _
stabilizing bars or outriggers, the remote control system
_(including the encoder, radio transmitter, receiver and decoding equipment) and the helicopter (s) for the airborne alerting system.
RESPONSE
Applicants object to this request insofar as it seeks information about Applicants' backup system which is irrelevant to the issues before this Atomic Safety and Licensing Board.
Without waiving the foregoing objection, Applicants will produce the documents requested.
Note, however, that no documents will be produced'regarding the actual VANS fleet, other than the existing prototype, because the VANS fleet has not yet been constructed.
REQUEST NO. 5 All documents relating to tho use of the equipment described in the Request No. 4 in poor weather conditions, including, but not limited to, high wind, heavy rain, snow and icy or extreme cold conditions.
RESPONSE
Applicants object to this request as too vague in that it gives insufficient quantitative definition of the parameters involved.
Without waiving the foregoing objection, Applicants will produce the documents referred to in response to Mass AG's Interrogatory Nos. 11 and 12, as already requested in Request No.
2.
Note, however, that no documents will be produced regarding the actual VANS fleet, other than the existing prototype, because the VANS fleet has not yet been constructed.
o REQUEST NO. 6 All documents relating to authority or permission received or sought by the Applicants from either private parties or public authorities for the use and operation of the staging areas and preselected acoustic locations.
RESPONSE
Applicants incorporate here their response to Request No.
1.
REOUEL'c NO. 7 All documents relating to possible gaps in sound coverage from the sirens to be used in the VANS system.
RESPOEEE Mass AG used the imprecise word "gap" in this request as well as his interrogatories to Applicants.
Applicants have now received Mass AG's responses to Applicants' interrogatories, dated July 12, 1988, which define "gap" at page 14, and in view of that definition, Applicants state that they will produce the documents requested.
REOUEST NO. 8 The detailed procedures for the testing programs of the siren system described at page 2-21 of the Design Report.
RESPONSE
Applicants wi.1 produce the documents requested.
RESPONSE TO REOUEST FOR ENTRY Applicants object to Mass AG's request for permission to enter upon Applicants' land "for the purpose of inspecting, surveying, photographing and testing the VANS vehicles and related equipment and the airborne I'lerting system and related -
n.
equipment" as bey nd permissible discovery.
Applicants object to the request regarding the backup system for the additional reason that it is not relevant to any issues before this Board.
Applicants will only permit the viewing and photographing of the VANS prototype truck ana related equipment and the heliport and hangar and only at a time between 8:00 a.m. and 4:00 p.m.,
Monday through Friday, beginning July 18, 1988, as arranged with reasonable advance notice to undersigned counsel for Applicants.
Mass AG will not be permitted to handle or test the truck and related equipment.
To the extent the Miss AG's definition of "inspecting" and/or "surveying" requir ts handling the truck and related equipment, "inspecting" and/or "surveying" will not be permitted.
Applicants move for a protective order from this Board that the discovery requested by Mass AG to which Applicants object not be had.
By their attorneys, LI
$ofasG.
Dlgnan, Jr.
Kathryn A. Selleck Jeffrey P. Trout Jay Bradford Smith Itopes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 t
00LKETED L", N RC CERTIFICATE OF SERVICE I,
Kathryn A. Selleck, one of the attorneys for khJ122 P2 :16 E
Applicants herein, hereby certify that on July 15, 1988, I made service of the within document by depositing cgpies, 3;y thereof with Federal Express, prepaid, for delivery 0tdE(or ' ' ~.<vg1 where indicated, by depositing in the United States mailf,"NC" first class postage paid, addressed to) the individuals listed below with one exception, namely, Caro' S.
- Sneider, Esquire, Assistant Attorney General, who is being served in hand this date.
Administrative Judge Sheldon J.
Robert Carrigg, Chairman Wolfe, Esq., Chairman, Atomic Board of Selectmen Safety and Licensing Board Panel Town Office U.S.
Nuclear Regulatory Atlantic Avenue Ccmmission North Hampton, NH 03862 East West Towers Building 4350 East West Highway i
Bethesda, MD 20014 l
Administrative Judge Emmeth A.
Diane Curran, Esquire Luebke Andrea C.
Ferster, Esquire 4515 Willard Avenue Harmon & Weiss Chevy Chase, MD 20815 Suite 430 2001 S Street, N.W.
Washin, ton, DC 20009 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorne'j General Board Panel George Dana Bisbeo U.S.
Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 Adjudicatory File Sherwin E.
Turk, Esquire Atomic Safety and Licensing Office of General Counsel Board Panel Docket (2 copies)
U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission One White Flint North, 15th v1.
East West Towers Building 11555 Rockville Pike 4350 East West Highway Rockville, MD 20852 Bethesda, MD 20814
- Atomic Safoty and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105
i Philip Ahrens, Esquire Mr.
J.
P.
Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S.
Sneider, Esquiro Matthew T.
Brock, Esquire Assistant Atcorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburcon Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S.
Senate Lagoulis, Clark, Hill-Whilton &
Washington, DC 20510 McQuire (Attn:
Tom Burack) 79 State Street Newburyport, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A.
Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301.-
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Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I 79 State Street, 2nd Floor 442 John W. McCormack Post Newburyport, MA 01950-Office and Court House Post Office Square Boston, MA 02109 Charles P. Graham, Esquire Murphy and Graham 33 Low Street Newburyport, MA 01950 (A /BfL 1%tr/rytf A.
Selleck 1