ML20151N698

Response of Commonwealth of Ma Atty General to Applicant First Request for Production of Documents Re Amended Contention Notification Sys.* Certificate of Svc Encl. Related Correspondence

ML20151N698
Person / Time
Site:	Seabrook
Issue date:	07/26/1988
From:	Jonas S MASSACHUSETTS, COMMONWEALTH OF
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#388-6833 OL-1, NUDOCS 8808090070
Download: ML20151N698 (17)

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DOCKETED RELATED CORHESPONDE.NQ USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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ATOMIC SAFETY AND LICENSING BOARD

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Before Administrative Judges:

Sheldon J. Wolfe, Chairman Emmeth A. Luebke Dr. Jerry Harbour

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket No.(s)

NEW HAMPSHIRE, ET AL. ) 50-443/444-OL-1 (Seabrook Station, Units 1 and 2) ) On-site EP

) July 26, 1988

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RESPONSE OF MASSACHUSETTS ATTORNEY GENERAL TO APPLICANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS REGARDING AMENDED CONTENTION ON NOTIFICATION SYSTEM Pursuant to 10 C.F.R. S 2.741(d), the Massachusetts Attorney General ("Mass AG") responds to the Applicants' First Request for Production of Documents as follows:

INTRODUCTION On July 12, 1988 the Mass AG filed his response to the Applicants' First Set of Interrogatories on the notification system contention. Some of the interrogatories requested the identity and production of certain documents. The Mass AG incorporates herein objections and responses to those 8808090070 880726 '

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interrogatories as if set forth in this response and answers herein those portions of the interrogatories requesting the production / identification of documents. The Mass AG will not produce the numerous documents which come within the scope of the Applicants' requests which were prepared by the Applicants or are within their possession as part of the docket of this proceeding.

PRIVILEGED DOCUMENTS The Mass AG objects to indicating the substance of privileged documents as requested by the Applicants to the extent that it would reveal information otherwise protected.

The following documents are protected from disclosure by 10 C.F.R. S 2.740(b)(2).

1. a) March 11, 1988 b) Stephen A. Jonas c) Gregory C. Tocci, Cavanaugh & Tocci Associates, Inc.

d) No title e) 1 f) Letter concerning Amesbury Zoning By-Law

2. a) April 5, 1988 and April 4, 1988 letter and attached memo respectively b) Mr. Tocci and Tom Bouliane, respectively c) Mr. Jonas and Mr. Tocci, respectively d) No titles e) 1 and 7, respectively f) The letter encloses and describes the attached memorandum which consists of Mr. Bouliane's comments on "Enclosure to NYN-88025" issued February 26, 1988 by NHY.

3. a) May 5, 1988 b) Mr. Tocci c) Mr. Jonas d) No title e) 2

'f) Letter to Mass AG regarding possible hearing damage from VANS siren sound levels.

4. a) April 29, 1988 b) Joseph Sataloff, M.D.

c) Mr. Bouliane d) No title e) 1 f) Letter regarding possible hearing damage from VANS siren sound levols

5. a) May 19, 1988 b) Mr. Bouliane c) Mr. Jonas d) No title e) 4 f) Letter to Mass AG regarding speech intelligibility from VANS loudspeaking system. Attachment, Manufacturers data sheets from Altec Lansing Corp.,

Electro-Voice and JBL have been produced to Applicants.

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6. a) July-7, 1988 and July 8, 1988 b) Nancy Mason, Investigator, Mass AG c) No address d) No title e) 5 f) Notes of conservations with individuals identified in Mass AG response to Applicants' Interrogatory No. 3.

7. a) April 25, 1988 b) Mr. Bouliane c) Dr. Sataloff, cc: Mr. Jonas d) No Title e) 1 f) Request for consulting services and a one page background memo from Cavanaugh Tocci on the VANS system with enclosures of VANS material generated by NHY

8. a) April 8, 1988 b) Mr. Bouliane c) Mr. Jonas d) No Title e) 1 f) Letter to Mass AG re: NYN-88042, Encosure 1 to NYN-89042 and~ Enclosure 2 to NYN-89042

9. a) December 31, 1987 b) Mr. Tocci c) No addressee d) Affidavit of Gregory C. Tocci e) 15 f) Draft affidavit to NRC Appeal Board re: helicopter system for Newburyport wi&.h single page of handwritten notes attached

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10. a) December 21 and 20, 1987 respectively-b) Mr. Bouliane c) Mr. Tocci

.d) No title; Preliminary Report, Review of "Alternate.

Alerting System Design Description for the City of Newburyport, Massachusetts" issued December 9, 1987 by New Hampshire Yankee, respectively e)-1, 8 respectively f) Letter regarding report and report, respectively

11. a) Undated b) No author c) Mr. Tocci d) No title e) 1 f) Notes from conversation with Ken Eldred on acoustical consultant in Concord, MA re: aircraft noise levels published by FAA .4dvisory Circular 36-lD

12. a) Undated b) No author c) No addressee d) No title e) 1 f) Notes on helicopter coverage

13. a) See below b) No author c) No addressee d) No title e) 2 f) Notes in Cavanaugh Tocci Mass AG file relating to sound levels at mileages from plant

14. a) See below b) No author c) No addressee d) No title e) 14 f) 6 sets of notes in Cavanaugh Tocci Mass AG file:

notes re: conversation with representative of Applied Electro Mechanics, Inc.; notes dated November 11, 1987 attaching Speech Reception and Information report from Tech Topics Vol. 5, No. 12 (July, 1987) (which has been-produced); notes re:

helicopter system loudness and NHY.12/6/87 Report; notes re: conversation with representative of Whelen Engineering Co. Inc. on 12/18/87; and 2 sets of notes with calculations DOCUMENT REOUESTS

1. With respect to the Mass. AG's answers to each of the interrogatories 6 - 46 that follow, is that answer based upon reference to or knowledge of the existence of one or mort +

documents? If so, please:

(a) Identify each such document on which the answer is based.

(b) Identify the information in each document on which the answer is based.

(c) Identify all documents possessed by or known to exist by the Mass AG which deal with the same subject matter.

(d) Produce all identified documents.

RESPONSE 1: The Mass AG objects to Request No. 1 as overly broad and seeking material not relevant to the subject matter of these proceedings and protected trial preparation materials under 10 C.F.R. S 2.740(b)(2). Without waiving this objection, the Mass AG will produce all relevant, discoverable and non-privileged documents on which the answers to the interrogatories are based, i

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2. With respect to the Mass AG's answers to each of the interrogatories 6 - 46 that follow, is that answer based upon any type of study, calculation, procedure, method, instruction, assumption, conclusion, recommendation or analysis?- If so, please:

(a) Describe the nature of the study, calculation, procedure, method, instruction, assumption, conclusion, recommendation or analysis.

(b) Identify and produce any documents that constitute, discuss or describe it.

(c) Identify the person (s) who performed it, including the institutional affiliation and professional qualifications, if any, of the person (s).

(d) ' State when and where it was prepared or performed.

(e) Describe in detail the information or data that was 1 examined.

(f) Describe the results. ,

(g) Explain how it provides a basis for the answer.

RESPONSE 2: The Mass AG objects to Request No. 2 as overly broad, and seeking information not relevant to the subject matter of these proceedings and protected trial preparation materials under 10 C.F.R. S 2.740(b)(2). Without waiving this objection, the Mass AG will produce all relevant, discoverable and non-privileged documents responsive to Request No. 2.

3. With respect to the Mass. AG's answers to each of the interrogatories 6 - 46 that follow, is that answer based upon conversations, consultations, correspondence or any other type of communication with one or more individuals or entities? If so, please:

(a) Identify each such individual or entity.

(b) State the educational and professional background of each such individual, including occupation and institutional affiliates.

9 (c) Describe the nature of each communication with each such individual or entity, when it occurred, and identify

, all other individuals or entities involved.

(d) Describe in detail the information received from each such individual or entity, and explain how it provides a basis for the answer.

(e) Identify and produce each letter, memorandum, contract, tape, note or other document related to each conversation, correspondence, or other communication with such individual or entity.

RESPONSE 3: The Mass AG objects to Request No. 3 as overly broad and seeking information not relevant to the subject matter of these proceedings and protected trial preparation materials under 10 C.F.R. S 2.740(b)(2). Without waiving this objection, the Mass AG adds to its prior interrogatory answer by stating that Cavanaugh Tocci, in performing its consulting services, has had communications with Dr. Sataloff (see above),

Ken Eldred, and representatives of Applied Electro Mechanics, Inc. and Whelen Engineering Co., Inc.

4. Does the Mass AG intend to offer the testimony of any expert witness with respect to the Amended Contention on Notification System? If so, please:

(a) Identify each expert witness whom the Mass AG intends to present with respect to this contention.

(b) State the substance of the facts to which each expert witness is expected to testify.

(c) State the substance of the opinion or opinions to which each expert witness is expected to testify.

(d) Provide a summary of the grounds for each opinion to which each expert witness is expected to testify.

(e) State whether the facts and opinions listed in response to the foregoing are contained in any written report, memoranda, calculation, analysis or other transcript, and, if so, whether the Mass AG is willing to produce the same without the necessity of a notice to produce.

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s (f) State whether the opinion of any expert witness is based in whole or in part on any scientific rule or principle, and, if so, set forth_such rule or principle.

(g) State whether the opinion of any expert witness is based in whole or in part on any code or regulation, governmental or otherwise, and, if so, identify each such code or regulation and the specific section or portion thereof relied upon.

(h) State whether the opinion of any expert witness is based in whole or in part upon any scientific or engineering book or other publication, and, if so, identify the book or publication.

RESEQHSE_4: Witnesses have not been selected.

5. Does the Mass AG intend to offer the testimony of any non-expert witness with respect to the Amended Contention on Notification System? If so, please:

(a) Identify each non-expert witness whom the Mass AG intends to present with respect to this contention.

(b) State the substance of the facts to which each nonexpert witness is expected to testify.

(c) State the substance of the opinion or opinions to which each non-expert witness is expected to testify.

(d) provide a summary of the grounds for each opinion to which each non-expert witness is expected to testify, (e) State whether the facts and opinions listed in response to the foregoing are contained in any written report, memoranda, or other transcript, and, if so, whether the Mass AG is willing to produce the same without the necessity of a request to produce.

(f) State whether the opinion of any non-expert witness is based in whole or in p'rt a on any scientific rule or principle, and, if so, set forth such rule or principle.

l (g) State whether the opinion of any non-expert witness is l based in whole or in part on any code or regulation, governmental or otherwise, and, if so, identify each such code or regulation and the specific section or portion thereof relied upon.

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i (h) State whether the opinion of any non-expert witness is based in whole or in part upon any scientific or engineering book or other publication, and, if so, identify the book or publication.

RESPONSE 5: Witnesses have not been relected.

6. Has any representative of or person employed by the Department of the Attorney General of the Commonwealth been in contact with any selectman, civil defense director or other official of Amesbury, Merrimack, Newbury, West Newbury, Newburyport, Salisbury or Haverhill concerning any actual or proposed siren warning system for Seabrook Station? If so, please:

(a) Identify each selectman, civil defense director or other official who was contacted, and the official, representative, or employee who contacted them.

(b) Describe in detail the date, time, manner, place, and substance of the communication, c) Identify and produce every document that reflects, refers to, or relates in any way to any such contact.

RESpOESE 6: The Mass AG objects to Interrogatory No. 6 because, in light of ALAB-883 and the scope of the Mass AG Amended Contention on Notification System, the interrogatory seeks information not relevant to the subject matter of this proceeding.

7. Has any other official, representative, or employee of the government of the Commonwealth of Massachusetts been in contact with any selectman, civil defense director or other official of Amesbury, Merrimack, Newbury, West Newbury, Newburyport, Salisbury or Haverhill concerning any actual or proposed siren warning system for Seabrook Station? If so, please:

(a) Identify each selectman, civil defense director or other official who was contacted, and the official, representative, or employee who contacted them.

(b) Describe in detail the date, time, manner, place, and substance of the communication, (c) Identify and produce every document that reflects, refers to, or relates in any way to any such contact.

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RESPONSE 7: The Mass AG objects to Interrogatory No. 7 because, in light of ALAB-883 and the scope of the Mass AG Amended Contention on notification system, the interrogatory seeks information not relevant to the subject matter of this proceeding.

26. Is it the assertion of the Mass AG that a "large" "dispersion angle" would cause more "sound irregularities" than a smaller "dispersion angle"?

(a) If so, please:

(i) state all the facts underlying this assertion, and explain exactly how those facts support the assertion; (ii) identify all persons with whom the Mass AG consulted in developing the assertion, and state the substance of each person's input on the assertion; (iii) identify and produce all documents consulted or relied upon by the Mass AG, or by persons consulted by the Mass AG, in developing the assertion.

( b .' If not, please:

(i) state all the facts underlying this answer, and explain exactly how those facts support the answer; (ii) identify all persons with whom the Mass AG consulted in developing the answer, and state the substance of each person's input on the answer; (iii) identify and produce all documents consulted or relied upon by the Mass AG, or by persons consulted by the Mass AG, in developing the answer.

RESPONSE 26: The Mass AG objects to Request No. 26 as seeking protected trial preparation materials under 10 C.F.R.

S 2.740(b)(2).

42. please list and produce all documents possessed by the government of the Commonwealth of Massachusetts or any department, agency, office, commission, authority, official,

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4 employee or representative thereof that reflect, refer to, or relate in any way to any emergency warning sirens installed or contemplated within the Commonwealth of Massachusetts, other than sirens installed by public Service Company of New llamps hi re .

RESEONSE 42: The Mass AG objects to this request as seeking material not relevant to the subject matter of this proceeding. Without waiving this objection, the Mass AG states that no emergency warning sirens in the Commonwealth are installed or contemplated for use in an emergency at Seabrook Station.

44. Please identify.and produce all documents consulted or relied upon by the Mass AG, or by any individuals assisting the Mass AG, in preparing the Amended Contention on Notification System.

RESPONSE 41: The Mass AG objects to this request in that it seeks protected trial preparation materials under 10 C.F.R. 2.740(b)(2). Without waiving this objection, the Mass AG will produce all relevant, discoverable and non-privileged documents within the scope of this request.

45. Please list, identify the source (including prepacer's name, institutional affiliation and professional qualifications, if any) of, and produce, all studies, tests analyses, procedures, methods, instructions, conclusions, recommendations, computer runs or similar scientific reviews, prepared for or possessed by the Mass AG, and all assumptions and data used therein, relating to:

(a) siren and/or voice mode emergency notification systems; (b) sound and/or ambient noise levels in any areas where emergency planning for Seabrook Station is required; I t

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4 (c) acoustic range models or analyses; (d) road blockage or traffic interruption in connection with the VANS system; (e) meteorological conditions, including but not limited to wind speeds, temperature and precipitation, in connection with the VANS system.

RESPONSE 45: The Mass AG objects to this request in that it seeks protected trial preparation materials under 10 C.F.R. 2.740(b)(2). Without waiving this objection, the Mass AG states that it will produce all discoverable and non-privileged documents within the scope of (a), (b), and (c) of this request. No such documents exist for (d) and (e).

The Mass AG moves for a protective order from this Board that the discovery requested by the Applicants to which the Mass AG objects not be had.

Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL

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Stefhen A.dT'nas o

Deputy Chief Public Protection Bureau One Ashburton Place Boston, MA 02108 617-727-2200 Date: July 26, 1988

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!c UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Nh [

18 Ja. 29 A10:11 In the Matter of ) (([f[7 $[$,j'y 7

) SRANDi PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL-1 HAMPSHIRE, et al. )

(Seabrook Station, Units 1 and 2) )

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CERTIFICATE OF SERVICE I, Stephen A. Jonas, hereby certify that on July 26, 1988, I made service of the Nithin Response of Massachusetts Attorney Genera) to

Applicants' First Request for Production of Documents Regarding Amended Contention on Notification System, by mailing copies thereof, postage prepaid, by first class mail, or by hand delivery as indicated by (*) to

Sheldon J. Wolfe, Chairperson Dr. Emmeth A. Luebke Atomic Safety & Licensing Board 5500 Friendship Boulevard U.S. Nuclear Regulatory Apartment 1923N Commission Chevy Chase, MD 20815 East West Towers Building 4350 East West Highwr.y Bethesda, MD 20814 Dr. Jerr/ Harbour Sherwin E. Turk, Esq.

Atomic Safety & Licenaing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Office of General Counsel Commission 1717 H Street East West Towers Building Washington, DC 20555

~4350 East West Highway Third Floor Mailroom Bethesda, MD 20814 H. Joseph Flynn, Esq. Stephen E. Herrill Assistant General Counsel Attorney Getieral Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney Jeneral 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 Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater-Road' Hampton Falls, NH 03844 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. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Matthew T. Brock, Esq. Mr. J. P. Nadeau Shaines & McEachern Board of Selectmen 25 Maplewood Avenue 10 Central Road P.O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney 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 Mr. 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 Molin 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Donald E. Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 r, ,

i 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. Ellyn Weiss, 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

• Kathryn Selleck, Esq. Richard A. Hampe, Esq.

Thomas G. Dignan, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Ashad A. Ashod, Esq.

209 Winnacunnet Road 376 Main Street Hampton, NH 03842 Haverhill, MA 01830 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 Mrs. 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 Ivan W. Smith, Chairman Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Charles P. Graham, Esq. Judith H. Mizner, Esq.

McKay, Murphy & Graham Lagoulis, Clark, Hill-Whilton Old Post Office Square & McGuire 100 Main Street 79 State Street Amesbury, MA 01913 Newburyport, MA 01950 e

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k R. Scott Hill-Whilton, Esq. Barbara A. St. Andre, Esq.

Lagoulis, Clark, Hill-Whilton Kopelman & Paige, P.C.

& McGuire 77 Franklin Street 79 State Street Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq.

McKay, Murphy & Graham Old Post Office Square 100 Main Street Amesbury, MA 01913 e r' .

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' 'Stephbn A. Jofis Deputy Chief Public Protection Bureau Office of the Attorney General One Ashburton Place Boston. MA 02108 (617) 727-2200 Dated: July 26, 1988 l

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