ML20154A081

Commonwealth of Ma Atty General Addl Responses to Interrogatories & Production of Documents.* W/Certificate of Svc.Related Correspondence

ML20154A081
Person / Time
Site:	Seabrook
Issue date:	09/06/1988
From:	Talbot P MASSACHUSETTS, COMMONWEALTH OF
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#388-7028 OL-1, NUDOCS 8809120049
Download: ML20154A081 (9)

Text

y _ __ _ - _ _ _ _ _ - - - - - _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

4 . .

a, _ 70 Z W <

RELAIED CORRESPorjoEjcq 00LKEILC' UWC i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g gp q pg g ATOMIC SAFETY AND LICENSING BOARD l

(t s o. r; 5 . 24 <

'- Before the Administrative Judges: uGCM Ti'* . A : '". n l Sheldon J. Wolfs, Chairman U^E" t Emmeth A. Lubke e Dr. Jerry Harbour I l

) I i )

l In the Matter of ) Docket Hos. 50-443-OL-1 i

) 50-444-OL-1 PUBLIC SERVICE COMPANY ) (On-Site EP)

OF NEW HAMPSHIRE, EI AL. )

)

)

(Seabrook Station, Units 1 and 2 ) September 6, 1988 t I l i

MASSACHUSETTS ATTORNEY GENERAL'S ,

ADDITIONAL RESPONSES TO INTERROGATORIES i

AND PRODUCTION OF DOCUMENTS f I

' Introduction Pursuant to the Memorandum and Order of the Board dated l t

August 22, 1988, the Massachusetts Attorney General ("Mass AG")

respon is to the Applicants' discovery requests as follows: j t

A. TJ 2 aLPiggantion_ Ma_terials \

I Re:iponta: The documents described in Mass AG's Response to First Request for Production of Documents are attached hereto.

B. Antwers to Interroaatorigs 6 and 7 l

6. Has any representative of or person employed by the 1

i Department of the Attorney General of the Commonwealth been in I contact with any selectman, civil defense director or other [

official of Amesbury, Merrimack, Newbury, West Newbury, j

$$hDob O

[

yd

b

. . 1 e

Newburypott, Salisbury or Haverhill concerning any actual or proposed siren warning system for Seabrook Station? If so, please:

1 (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.

Besnanse_h: The Mass AG has already produced a town >

ordinance (pertinent to the town of Amesbury) and a j

communication related thereto. Other than this, t.he Mass AG knows of no other such ordinance. In addition, the Mass AG knows of no communication with a town official which would contain probative evidence bearing on the interpretation of any .

ordinance.

i

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, i refers to, or relates in any way to any such contact.

Responsk_2: The Mass AG knows of no communication with a town official which would contain probative evidence bearing on the interpretation of any ordinance, g I

j

-2 -

l

l l

k i C. SuyplementALAnsynn i

8. Please state in detail all the facts underlying the  !

Mass AG's assertion that "the VANS and the New Hampshire fixed l sirens because of their locations, height, acoustic range and i number, do not provide tone or message coverage for essentially f; 100 percent of the population in the Massachusetts plume exposure pathway EPZ at thu sound pressure levels required in r NUREG-0654 and FEMA-REP-10," and explein exactly how thoso

• facts support the assertion. l I

Response _S: The Mass AG has no additional information at I

this time. The Mass AG's acoustic consultant will be [

conducting u study of the tone and message coverage at 123 t I

dB(c), as opposed to 134 dB(c). The Mass AG believes this [

study will show that tone and/or message coverage is inadequate.  ;

10. Please identify every segment of the population in the Massachusetts plume exposure pathwey EPZ which the Mass AG contends would not receive tone or message coverage at the sound pressure levels specified in NUREG-0654 and FEMA-REP-10 i from the VANS and the New Hampshire fixed sirens, stste how  ;

many people are involved in each instance, and state what sound pressure levels those segments of the population would receive. i F

Response _.13 : See Response to Interrogatory No. 8. ,

i

11. Please identify every local ordinance which the Mass  ;

AG contends would prohibit the Applicants from operating their staging areas and from operating their VANS vehicles at the pre-selected acoustic locations, stating in each case exactly hos each ordinance acts to prohibit the operation. i t

Response 11: The Mass AG has no additional information I with which to supplement previous responses. ,

12. Please state in detail all the facts underlying the Mass AG's assertion that "the fourteen VANS locations are physically inaccessible to the VANS equipment", define precisely what is meant by "physically inaccessible," and explain exactly how those facts support the assertion.

Resp.onse 12: On August 10, 1988, representatives of the i

Mass AG's office viewed the acoustic locations and took P

~ _ -

i photographs showing the accessibility, or. lack thereof, of each such location. Based on that information, the Mass AG believes that the following locations are inaccessible: VL-02; VL-03; VL-0 6 ; 1" - 'L-12 ; VL-13. "opies of these photo, are attachi 18, i- state in detail all the facts, analyses and

, estimat ilying the Mass AG's assertion that "the time needed iv. ,civer alert, dispatch, route transit, setup and activation in eccordance with NRC regulations will exceed 15 minutes for many of the VANS vehicles in optimum weather conditions," and explain exactly how those facts support the assettion.

t Ressunse 18: In an earlier response, the Mass AG estimated  ;

that performance of various functions inherent in completion of VANS siren notification (11g., dispatch, set-up, activation) would entail a total of nine (9) minutec. Een Mass AG Response to First Set of Interrogatories, No. 20. Thus, actual transit time can be no greater than six (6) minutes in order for the i

VANS system to work within the prescribed fifteen (15) minute time frame.

Based on transit times supplied by the Applicants and based ,

o.1 transit times recorded by representatives of the Mass AG's office during a preliminary investigation, the following VANS ,

transit routes take longer than 6 minutes: VL-01; VL-03; VL-07; VL-08; V'-09; s VL-10; VL-11; VL-12; VL;1. VL-165.

Whereas the aforementioned routes were tim.') both by the Applicants and the Mass AG during light to moderate traffic and at times when beaches were not frequented, the transit time

_4 _

t

• e e i

involved when beaches are populated and/or during heavier traffic flow and/or during adverse weather would result in significantly longer transit times. In those cases, the aforementioned routes would be even further out of the l t

prescribed time frame-and other routes which may have previously taken less than six (6) minutes would similarily fall out of the required range.

19. please state in detail all the facts and estimates underlying the Mass AG's assertion that "in poor weather, heavy traffic, and nighttime conditions the times needed to accomplish these tasks will increase," and explain exactly how those facts support the assertion. l RCAP_Qnse 19: The Mass AG has no additional information.

20. Please state in detail how long the Mass AG contends it will require to perform . . . the following function (s), for (1) optimum weather conditions and (2) poor weather, heavy '

traffic, or nighttime conditions, and state in detail all the facts underlying (subsection (e)] and how those facts support the answer: (e) VANS vehicle proceeds to acoustic location; Response 20(e): Sea Response to Interrogatory 18. l Respectfully subraitted, i JAMES M. SRANNON l ATTORNEY GENERAL 1 COMMONWEALTH OF MASSACHUSETTS l

i g

By: Au C 4 ' ) I "'

Stephen A. Jonas  ;

pamela Talbot  ;

Assistant Attorneys General Department of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108

(617) 727-2200 ,L September 6, 1988 i

, DATED:

, - 5-d i

, , - , - - , . - , . -~--.--.,,y.,, , - , - - - - , , , - .,,a -.n,_ >-,-y,. .

-.--.--,,,e, ._---,n-,,_.-,- . ,,,,,.,v n - , m. 7- ---,g-w -. , . ,-,- - - - , ,

c a b

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION vhh TO EP -7 P6 :51 In the Matter of

)

[0NIii b Y .h BTANC" PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s)

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

)

)

CERTIFICATE OF SERVICE I, Pamela Talbot, hereby certify that on September 6, 1988, I made service of the within MASSACHUSETTS ATTORNEY GENERAL'S ADDITIONAL RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS, by first class mail, or by Federal Express as indicated by (*], 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 Highway 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 1717 H Street East West Towers Building Washington, DC 20555 4350 East West Highway Third Floot Mailroom Bethesda, MD 20814 H. Joseph Flynn, Esq. Stephen E. Merrill 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

o ,

• . o a

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 6f 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. Digr,an, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 deverly Holling: orth 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 ranklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Charles P. Graham, Esq. Judith H. Mitner, Esq.

McKay, Murphy & Graham Lagoulis, Clark, Hill-Whilton Old Post Office Square & McGuire 100 Main Street 79 State Street Amesbury, MA 01913 N6Wburyport, MA 01950 l

• - . -4 b

• Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Ofwice of the Public Advocato 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 HampEon 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 20556 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 Av(nue 10 Central Road P.O. Box 360 Rye, NH 03870 Portsmouth, NH 03901 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

' is . . ,

N.

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

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

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

McKay, Murphy & Graham Old Post Office Square 100 Main Street Amesbury, MA 01913

)

\i ,w d G

[

k U t O s.t' Pamela Talbot Assistant Attorney General Public Protection Bureau Office of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated: September 6, 1988

,