ML20154B800

NRC Staff First Set of Interrogatories & First Request for Production of Documents to Atty General of Commonwealth of Ma,Executive Ofc of Public Safety & Essex County.* Certificate of Svc Encl.Related Correspondence

ML20154B800
Person / Time
Site:	Seabrook
Issue date:	09/06/1988
From:	Bergquist S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	MASSACHUSETTS, COMMONWEALTH OF
References
CON-#388-7048 OL-1, NUDOCS 8809140141
Download: ML20154B800 (18)

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LTec UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

.Ef SEP 12 P2:30 (

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD m

In the Matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443-OL-1 '

NEW HAMPSHIRE, et al. 50-444-OL-1 Offsite Emergency -

(Seabrook Station, Units 1 and 2) Planning Issues '

NRC STAFF'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO THE ATTORNEY GENERAL OF THE COP 910NWEALTH OF MASSACHUSETTS.

THE EXECUTIVE OFFICE OF PUBLIC SAFETY AND ESSEX COUNTY Pursuant to 10 C.F.R. Il 2.740b and 2.741, the NRC Staff hereby request that Attorney General of the Comonwealth of Massachusetts as defined in definition 5 ("Intervenor" or "Intervenors") respond to the following interrogatories, and produce for inspection and copying the documents requested below.

Each interrogatory shall be answered separately and fully and shall include all pertinent infonnation available to the above-noted parties, their officers, employees, directors, advisors, representatives, or counsel, based upon the personal knowledge of the person answering. The production of the documents requested herein shall take place at the Hearing Division. Office of the General Counsel, Nuclear Regulatory Comission, 11555 Rockville Pike, Rockville, Maryland.

Instructions A. To the extent that Intervenors do not have specific, complete, and accurate infonration with which to answer any interrogatory, Inter-NYDb [ 4 h

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i venors should so state, and the interrogatory should be answered to the l i extent infonnation is available, identifying each person who is believed j to have accurate infonnation with respect thereto. Where exact informa.

tion is not available, estimated information should be supplied; the ]

l answer should state that the infomation is an estimate and the basis  !

J t on which the estimate was made. Where appropriate, the upper and lower  !

boundaries of the estimate should be given.

J B. Each interrogatory shall be deemed to be continuing, and l l Intervenors are requested seasonably to supplement answers with additional j i

l facts, documents, infomation, and names of witnesses which become known, j

1 in accordance with 6 2.740(e)(1) and (2) of the NRC's Rules of Practice. (

l C. The words "and" and "or" shall be construed either conjunctively i

1 or disjunctively so as to bring within the scope of these discovery  ;

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j requests any infomation that might otherwise be construed to be outside

their scope.

D. Wherever appropriate, the singular form of a word shall be f interpreted in the plural, and vice versa, so as to bring within the t

i scope of these discovery requests any information that might othemise be  !

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l construed to be outside their scope.

1 j E. Wherever appropriate, the masculine form of a word shall be (

) interpreted as feminine, and vice versa, so as to brir.g within the scope of these discovery requests any infonnation that might otherwise be (

j construed to be outside their scope, f

! F. Please produce each document in the form and condition in which (

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i it exists on the date of service of this request, including all connents, i I'  :

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hotes, remarks, and other material that may have been added to the docu-i I ment after its initial preparation. I i

l G. If Intervenors object to or claim a privilege (attorney-client, work product, or other) with respect to any interrogatory or document request, in whole or in part, or seek to withhold documents or infoma-tion because of the alleged proprietary nature of the data, please set forth all reasons and the underlying factual basis for the objection or i claim of privilege in sufficient detail to permit the Licensing Board to j determine the validity of the objection or claim of privilege. This l description by Intervenors should include with respect to any document:

(1) author, addressor, addressee, recipients of indicated and "blind" copies together with their job titles; (2) date of preparation; (3) l l subjectmatter;(4)purposeforwhichthedocumentwasprepared;(5)all

persons to whom distributed, shown, or explained; (6) present custodian;

(7) all persons believed to have a copy of the document; and (8) the nature of the privilege or objection asserted, j l H. For any document or part of a document that was at one time. [

l l but is no longer, in Intervenors' possession, custody, or control, or j t .

I which is no longer in existence, or which cannot be located or produced,  !

I identify the document, state where and how it passed out of existence or t e

i why it can no longer be located and the reasons therefor, and identify each person having knowledge concerning such disposition or loss and the l

3 contents of the document, and identify each document evidencing its prior l existence and/or any fact concerning its nonexistence or loss. ,

!. When, in order to answer a question fully or accurately, it is  :

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necessary to distinguish between the responses of individual Intervenors i

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or to identify individual Intervenors, such distinctions or identifica-tions should be made in the answer.  ;

i Definitions and Guidelines to be Used r in Responding to this Request t

1. The word "document" as used herein shall mean any written matter, whether produced, reproduced or stored on paper, cards, tapes, disks, belts, charts, films, computer storage devices or any other medium and  ;

shall include, without limitation, matter in the form of books, reports, studies, statements, speeches, notebooks, agreements, appointment calendars, working papers, manuals, memoranda, notes, procedures, orders, instructions, directions, training materials, records, correspondence, diaries, plans, diagrams, drawings, periodicals, lists, telephone logs, minutes, photographs, and, any published materials and shall also include, without limitation, originals, copies (with or without notes or changes  !

thereon)anddrafts.

2. The word "communications" shall mean correspondence, contact, discussion, or any other kind of written or oral exchange between two or }

more persons or entities including, but not limited to, all telephone f conversations, face-to-face meetings or conversations, visits, f I

conferences, internal and external discussions, and exchange of a (

document or documents. [

3. Applicants request that documents produced in compliance with this l 1

request be accompanied with an indication as to the part%lar paragraphs under which the documents are being produced. l

4. The word "energencies" shall mean radiological and nonradiological emergencies, and shall include all natural and "manmade" disasters such l l

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5- l as floods, tornadoes, fires, hurricanes, earthquakes, riots, industrial accidents, transportation accidents, accidents involving radiation or radiological materials, and accidents involving any other hazardous or dangerous materials.

5. "Intervenor" or "Intervenors" means the Commonwealth of Massachusetts, the Executive Office of Public Safety, and Essex County, or any of them, or any agency thereof and any agent, employee, consultant, contractor.

technical advisor, representative or other person acting for or on behalf of them, or at their direction and control, or in concert with or assisting l them.

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6. "Contractor" means any person, not affiliated with Intervenors, who l

l perfonned work concerning Seabrook on behalf of Intervenors and/or pursuant to a contract with Intervenors or sub-contractors who perfonned work on behalf of a contractor with whom the person was not affiliated I

and pursuant to a contract with such contractor. A person other than a l

contractor, who contracts with the subcontractor, shall be deemed a sub-contractor.

7. "Concerns," "concerning " or any other derivative thereof, includes referring to, responding to, relating to, pertaining to, in connection with, compromising, memorializing, conenenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting, and constituting.

8. "!dentify" when used in reference to a natural person means to set forth the following:

1. his name;

2. his last known residential address; l

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3. his last known business address;

4. his last w ployer;

5. his title or position;

6. his area of responsibility;

7. his business, professional, or other relationship with Intervenors; and

8. if any of the above infomation is changed subsequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current infomation as well as the infomation applicable to the time period referenced in the interrogatory.

9. "Identify" when used in reference to a corporation or other entity that is not a natural person shall mean to set forth the following:

1. the full name of such person, including its legal name and any assumed or trade names under which it transacts or has transacted business;

2. the nature or fom of such a person, if known;

3. the address of its principal place of business or the principal place where such person is to be found;

4. whether intervenors have or have had any relationship or affiliation with such person, its affiliates or subsid-iaries, and, if so, a description of such relationship; and

5. if any of the above infomation has changed subsequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current

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10. "Identify" when used in reference to a document shall mean to set forth the following:

1. its title; I 2. its subject matter;

3. its date; f

4. its author;

5. Its addressee; j

6. its file designation or other identifying designation; and {

7. its present location and present custodian.

11. "!dentify" with respect to a contact or comunication shall mean to I

set forth the following:

1. the date of the communication;

2. the place of the making and place of receipt of the [

l comunication;  !

3. the type and means of communication;

4. the substance of the communication; j

5. each person making a comunication, and his location at the time the communication was made; ,

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6. each person to whom the comunication was made, and his location at the time the comunication was made; i

7. all other persons present during, participating in, or j receiving the comunication and the location of each such person at the time; i

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8. each document concerning such communication; and 1

9. each document upon which the communication is based or which is referred to in the communication.

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Interrogatories and Requests for Production of Documents

1. Identify and supply each document containing procedures, plans, orders, instructions, directions, and training materials of the Common-wealth of Massachusetts, and Intervenors as defined in definition 5 for any action in the event of:

(a) a radiological emergency or disaster steming from a nuclear plant accident, whether the plant is located inside or outside of Massachusetts; (b) other radiological emergencies or disasters; and (c) all other "emergencies" or disasters as defined in paragraph 4 of the above definitions.

2. With regard to each document set out in response to Interrogatory 1, describe the functions in emergencies of any of the following categories of personnel: ,

(a) State and local police, to include persons employed full or part time, and both private and public security personnel, such as special officers and deputies; (b) Civil Defense personnel; (c) Professional or volunteer fire-fighting personnel; (d) First aid and rescue personnel; (e) Emergency Service personnel; (f) Local support services personnel;

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(g) Medical support personnel; j

(h) Health and Environmental Department personnel; j (i) National Guard, Militia or Reserve personnel;  !

(j) Boards of Education, School Boards or Departments, and teachers; l

. (k) Employees of all other State, local or municipal departments or agencies; j (1) Individuals obligated to provide assistance pursuant to  :

t agreements to aid between municipalities or other government units, or pursuant to other agreements; and  ;

i I (m) Individuals available to provide assistance pursuant to [

agreements to aid between municipalities or other government units, or pursuant to other agreements.  ;

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3. Set out the training each category of personnel set out in i I f Interrogatory 2 has to perfom its function in an "emergency." l

4. Identify the Massachusetts Civil Defense agency areas in which the J

! Seabrook plan emergency planning zone (EPZ) is located. Provide the Civil [

I Defense plans for those areas and for the Corinonwealth.

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5. Identify the number of individuals in each of the personnel cate-

! gories listed in Interrogatory 2(a)-(m), and the number of %uch personnel:

4 (a) within the 10-mile EPZ plume exposure pathway; (b) from 10 to 25 miles c

l of Seabrook Station; (c) from 25 to 50 miles of Seabrook Station; (d) from ,

j 50 to 100 miles of Seabrook Station; and (e) within the comonwealth of (

i Massachusetts outside the aforementioned areas, f L

6. Identify the types and number of the following resources available j i

for use in the event of emergencies pursuant to the documents identified l I

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in Interrogatory 1: (a) police vehicles; (b) fire trucks; (c) buses; (d) vans; (e) other vehicles; (f) helicopters and other aircraft; (g) boats; (h) sirens and public notification systems; (1) radios; and (j) all other equipment.

7. Identify the resources enumerated pursuant to Interrogatory 6(a)-(j),

according to their location: (a)withinthe10-mileEPZplumeexposure pathway; (b) from 10 to 25 miles of Seabrook Station; (c) from 25 to 50 miles of Seabrook Station; (d) from 50 to 100 miles of Seabrook Station; and (e) within the Comonwealth of Massachusetts outside the aforementioned areas.

8. Identify the number and location of Massachusetts National Guard Units, the number of members of each unit, their distance from the Seabrook plume exposure EpZ, and the number and location of the following resources available for use by the National Guard in emergencies: (a) cars; (b) trucks; (c) vans; (d) helicopters; (e) other means of trans-portation; and (f) communication facilities, including radios and other means of public notification. Supply the same infomation for any Militia or Reserve Unit in Massachusetts. O

9. Identify any plans made for radiological monitoring in the event of a radiological emergency from any cause, including (a) the number and location of personnel trained and available to accomplish such monitoring, and (b) a description and enumeration of radiological monitoring equipment 1/ If any of the data sought under Interrogatory 8 are withheld on the ground they are classified, please indicate the type of data so withheld.

available for use in such an emergency, along with identification of the equipment's location.

10. Identify any provisions made for handling of individuals contaminated in a radiological emergency stemming from any cause including (a) the number and location of personnel trained and available to assist in decon-tamination of contaminated individuals, and (b) a description and enumera-tion of equipment available for use in decontamination, along with identi-fication of the equipment's location.

10a. Identify all documents in your possession identifying facilities in Massachusetts which have or claim to have equip;nent, personnel or exper-tise to treat radiologically contaminated individuals. Supply such documents.

11. Identify any provisions made by the Massachusetts Department of Agriculture, or other state or local governmental agency, concerning protective measures to be used for the 50-mile ingestion pathway from any nuclear plant, including the methods for protecting the public from con-sumption of contaminated foodstuffs; and identify any procedures for detecting contamination, for imposing protective measures such as inter-diction of food supply, impoundment, or quarantine, and for public nott-fication concerning food contamination and the protective measures to be followed.

12. Identify the number of Massachusetts Civil Defense personnel according to location within the Connonwealth, and identify the amount and location of equipment available for their use to protect the public in the event of an emergency. Set out the training of Civil Defense personnel.

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( 13. Identify the location of stations authorized to broadcast under Federal Emergency Broadcast System (EBS) regulations and the Massachusetts EBS Operational Plan ("Operational Plan"). Provide a copy of the Opera-tional Plan.

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14. Identify all documents, agreements, and comunications dated within the last five years concerning the operation of the EBS. Produce a copy

of all such documents, agreements and comunications.

15. Identify the provisions of federal or state law which preclude I

ll activation of the EBS at the discretion of management of AM, FM, and tele-vision stations, in connection with day-to-day emergency situations posing l

a threat to the safety of life and property, such as hurricanes, floods, icing conditions, heavy snows, fires, toxic gases, power failures, indus-

trial explosions, and civil disorders.

15. List all Federal funds received by Intervenors during the past 5 years for purposes of developing plans, procedures, manuals, and other documents concerning responses to emergencies, and identify, with respect to each such document, under what statutes these funds were provided and the f

{ Federal agencies or departments from which the funds were received.

17. With respect to each document identified in Interrogatory 1, identify any Federal or state law or regulation pursuant to which each such docu-1

< ment was prepared, i

18. Identify all Massachusetts statutes and regulations, and all local regulations, ordinances or other provisions (a) concerning actions to be t

j taken by state or local authorities, or those acting in their behalf, in i the event of emergencies, including the preparation of plans for actions to be taken in emergencies; (b) concerning any prohibitions on any such i

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t actions or plans; and (c) concerning any prohibitions on any person or l organization other than state or local authorities with respect to any such actions or plans.

19. Set out the conditions, including citations to all applicable provisionsofstateandlocallawsandregulations,(a)underwhichstate and local authorities may pemit private individuals or organizations to l i

take action on their behalf in an emergency; and (b) under which state and  !

local authorities are precluded from authorizing private individuals or

f organizations from taking action on their behalf in an emergency.

l 20. Set out examples illustrating the conditions described in Interroga- L r

1 j tory 19(a)and(b).  !

l 21. Define what you consider to be "the beach" in the Massachusetts I

j portion of the Seabrook Station EPZ. Set out the geographic boundaries I

of that "beach" area.

j 22. Using the definition of "the beach" you supplied in answer to i

Interrogatory 21, provide the following data, along with a copy of any ',

i study or other document relevant to the following it formation: (a) the l 1

maximum number of cars at the beach on the 10 busiest days within the {

1ast 5 years, along with indication of 'the time and date of such maxima; I (b) the nusber of cars remaining at the beach following each 1/2-hour i interval for the 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> after the aforementioned maximat (c) the number f of cars entering and leaving the beach during each 1/2-hour interval l J '

within the 8-hour period. If you do not have data for 1/2-hour intervals, 4  !

I supply such data for periods you have. Indic,te whether the foregoing  ;

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computations were made manually or automatically. l l l h

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23. Identify all studies conducted during the last five years concerning improving the movement of traffic in and out of "the beach" area. Provide a copy of all such studies.

24 Identify all studies conducted during the last five years concerning improving the movement of traffic in the event of emergencies within the Seabrcok Station EPZ which include estimates of the volume of traffic or the time within which traffic can be evacuated. Provide a copy of all such studies.

25. Identify all State and local laws and regulations concerning the following actions to be taken in the event of radiological or other emer.

gencies (sy definition 4): (1) guiding traffic; (2) blocking roadways, erecting barriers in roadways, and channeling traffici (3) posting traffic signs on roadways; (4) removing obstructions from public roadways, including towing private vehicles; (5) activating sirens and directing the broadcast of EBS' messages; (6) making decisions and reconenendations to l the public concerning protective actions; (7) making decisions and recem-enendations to the public concerning protective actions for the ingestion l exposure pathways; (8) making decisions and reconmendations to the public concerning recovery and reentry; (9) dispensing fuel from tank trucks to automobiles along roadsides; and (10) performing access control at the Emergency Operations Center, the relocation centers, and the EPZ perimeters.

26. Identify all studies perfonned during the last five years concerning the availability and possible use of sirens and other rneans of emergency connunication to the public in the event of emergencies. Provide a copy of all uch studies.

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27. Identify all sirens or other means of emergency cormunication in the ;

1 Seabrook EPZ which can be heard by the general public, }

l 28. Identify all studies performed by Intervenors during the last five l years concerning planning for emergencies. Produce a copy of all such i 1

i studies. [

Respectfally submitted.

Ar j Stephen A. Bergquist (

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Counsel for NRC Staff }

j Dated at Rockville. Maryland this 6th day of September, 1986 i

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5 00CKEin.

UNITED 5TATES OF AMERICA N:

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 88 SEP 12 P2:30

> che Matter of an in . , . 4 .

Docket Nos. 54C443iOL'; *. OSib^

PUBLIC SERVICE COMPANY OF 50-444 DL^ C NEW HAPPSHIRE, el al. ) Off-site Emergency Planning (Seabrook Station, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S FIRST SET OF INTERR0GATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO THE ATTORNEY GENERAL OF THE COMM0hWEALTH OF MASSACHUSETTS, THE EXECUf!VE OFFICE OF PUBLIC SAFETY, AND ESSEX COUNTY" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, this 6th day of September 1988.

Ivan W. Smith, Chairman (2)* Atomic Safety and Licensing Administrative Judge Board Panel (1)*

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Docketing and Service Section*

Gustave A. Linenberger, Jr.* Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Thomas G. Dignan, Jr. , Esq.

Robert K. Gad, III, Esq.

Dr. Jerry Harbour

• Ropes & Gray Administrative Judge 225 Franklin Street Atomic Safety & Licensing Board Boston, MA 02110 U.S. Nuclear Regulatory Comission Washington, DC 20555 H. J. Flynn, Esq.

Assistant General Counsel Atomic Safety and Licto'.ing Federal Emergency Management Agency Appeal Panel (5)* 500 C Street S.W.

U.S. Nuclear Regulatory Comission Washington, DC 2C472 Washington, DC 20555

Philip Ahren, Esq. Calvin A. Canney Assistant Attorney General City Hall Office of the Attorney General 126 Daniel Street State House Station Portsmouth, NH 03801 Augusta ME 04333 Mr. Angie Machiros, Chairman Carol S. Sneider, Esq. Board of Selectmen Assistant Attorney General 25 High Road Office of the Attorney General Newbury, MA 09150 One Ashburton Place, 19th Floor Boston, MA 02108 Allen Lampert Civil Defense Director George Dana Bisbee, Esq. Town of Brentwood Assistant Attorney General 20 Franklin Office of the Attorney General Exeter, NH 93833 25 Capitol Street Concord, NH 03301 William Armstrong Civil Defense Director Ellyn R. Weiss Esq. Town of Exeter Diane Curran Esq. 10 Front Street Harmon & Weiss Exeter, NH 03833 2001 S Street, NW Suite 430 Gary W. Wolmes, Esq.

Washington, DC 20009 Holmes & Ellis 47 Winnacunnet Road Robert A. Backus, Esq. Hampton, NH 03842 Backus, Meyer & Solomon 116 Lowell Street J. P. Nadeau Manchester, NH 03106 Board of Selectmen 10 Central Street Paul McEachern, Esq. Rye, NH 03870 Matthew T. Brock, Esq.

Shaines & McEachern Judith H. Mizner, Esq.

25 Maplewood Avenue Silverglate, Gertner, Baker, P.O. Box 360 Fine, & Good Portsmouth, NH 03801 88 Board Street Boston, MA 02110 Charles P. Graham, Esq.

McKay, Murphy & Graham Robert Carrigg, Chairman 100 Main Street Board of Selectmen Amesbury, MA 01913 Town Office Atlantic Avenue Sandra Gavutis, Chairinan North Hampton, NH 03870 Board of Selectmen RFD #1, Box 1154 Kensington, NH 03827

William S. Lord Peter J. Matthews, Mayor Board of Selectmen City Hall Town Hall - Friend Street Newburyport, MN 09150 Amesbury, MA 01913 Michael Santosuosso, Chairman Mrs. Anne E. Goodman, Chairman Board cf Selectmen Board of Selectmen South Hampton, NH 03827 13-15 Newmarket Road Durham, NH 03824 Ashod N. Amirian, Esq.

Town Counsel for Merrimac Hon. Gordon J. Humphrey 376 Main Street United States Senate Haverhill, MA 08130 531 Hart Senate Office Building Washington, DC '40510 Stephen A. Bergquist "F Counsel for NRC Staff 4

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