ML20154E596

Town of Amesbury Answers to Applicant First Set of Interrogatories & First Request for Production of Documents to All Parties & Participating Local Govts Re Contentions on Seabrook....* W/Certificate of Svc.Related Correspondence

ML20154E596
Person / Time
Site:	Seabrook
Issue date:	09/14/1988
From:	Lord W AMESBURY, MA
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#388-7075 OL, NUDOCS 8809190065
Download: ML20154E596 (11)

Text

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. gEtATED COMRE?.lFf.UNISI S:ptCabor 14, 1988 000KETED UNITED STATES OF AMERICA USMC NUCLEAR REGULATORY COMMISSION W SEP 15 Pl2:02 before the gnc _

00CWi t' N ' 'i "'I ATOMIC SAFETY AND LICENSING BOARD 6%"

)

In the Matter of )

) Docket Nos. 50-443-OL PUBLIC SERVICE COMPANY OF ) 50-444-OL NEW HAMPSHIRE, et al. ) Off-site Emergency

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

)

TOWN OF AMESBURY ANSWERS TO APPLICANTS' FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO ALL PARTIES AND PARTICIPATING I4 CAL GOVERNMENTS REGARDING CONTENTIONS ON_THE_SEABROOK PLAN _FOR_ MASSACHUSETTS COMMUNITIES NOW COMES the Town of Amesbury (TOA) and hereby answers APPL,T. CANTS ' FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO ALL PARTIES AND PARTICIPATING LOCAL GOVERNMENTS REGARDING CONTENTIONS ON THE SEABROOK PLAN FOR MASSACHUSETTS COMMUNITIES dated August 31, 1988 as follows:

l OBJECTION _TO PRODUCTION _OF DOCUMENTS TOA objects to Applicants' request that any documents to be produced by TOA must be provided at the offices of Applicants' attorneys in Boston, Massachusetts. The request is unduly

• burdensome and costly to TOA, is disruptive of recordkeeping

! maintained by the Town, and could unreasonably compel TOA to l

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4 transfer documents outside the EPZ. Consistent with Applicants' past practice of making its own documents available for inspection to Intervenors at Seabrook Station, Applicants may similarly assume the burden of coming to TOA to inspect any relevacit documents of TOA, provided, however, that said j inspection is conducted during the discovery period, during normal business hours, at .a mutually agreeable time, following reasonable notice to TOA.

INTERROGATORIES QUESTIONt

1. Please identify the person (s) answering or substantially contributing to the answer to each of the following interrogatories.

ANSWER:

William Lord, Chairman, Town of Amesbury Board of Selectmen.

QUESTION:

2. Please identity and produce all documents, and describe in detail all conversations not otherwise reflected in such documents, which reflect or refer to what actions any Massachusetts state or local government entity or official would, could, might, would not, could not, or might not take in the event of an actual radiological emergency at Seabrook Station.

ANSWER:

This interrogatory is objected to on grounds of attorney-client privilege and work product. This interrogatory is further objected to on grounds that it is so overly broad and vague as to be incomprehensible. Whatever actions a TOA official *

"might not take in the event of an actual radiological emergency at Seabrook Station" cc p l include a decision to postpone a 2

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i luncheon ongeg Cont. Obvicuoly tho intorrogatory 10 dofcctivo for inquiring into wholly irrelevant matters. Without waiving any of the foregoing objections, to the extent this interrogatory presents an attempt to determine the response of TOA officials to an emergency at Seabrook Station, TOA has already identified

, numerous impediments to a planned and organized response. See TOA contentions 2, 3, and 4, with bases. Among other issues, these contentions awsert that the response by TOA officials to an emergency at Seabrook would be ad hoc, and would rely upon whatever personnel or other resources happen to be available at the particular day and time the emergency occurs. For example, since each of the five members of the Town of Amesbury Board of Selectmen hold full time jobs unrelated to their duties as elected town officials, and most are required to travel out of

town on some regular basis, it is likely that many, if not all, l Selectmen would not be available to provide leadership during an 1

) emergency. In addition, as referenced in TOA Contention 4 (B), on weekdays during the summer, the TOA Police Department typically

! has only approximately 7 police officers on duty. In an actual

emergency, these of ficers would be directed by the police chief i

to take whatever actions he deemed most appropriate and essential

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! given the limited and inadequate resources of the Department to meet a Seabrook emergency. These duties could include traffic management, security, or rescue. Since this interrogatory is so l 3 l vague, however, and wholly fails to specify the nature, scope, or i 3 i

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contemplated by the question, necessarily TOA cannot respond more specifically to this question.

QUESTION:

3. Please identify and produce all documents, and describe

'... :atail all conversations not otherwise reflected in such documents, which reflect, refer to, or relate in any way to any action by any Massachusetts state or local government official or entity to block, hinder or delay the licensing of Seabrook Station.

ANSWER:

This interrogatory is objected to on grounds it is vague, overly broad, argumentative, and, even if more properly drafted, appears to seek communications and documents not subject to discovery by reason of the attorney-client privilege or work product. TOA has never undertaken any actions with the fundamental goal merely to "block, hinder or delay the licensing of Seabrook Station". At all times governing officials of TOA have taken whatever actions deemed appropriate and necessary to -

protect the health and safety of their citizens. The intinction in the interrogatory that TOA's motives or methods have been purely obstructionist is highly objectionable.

QUESTION:

4. Please identify and produce all documents generated after January 1, 1980 that reflect or refer to any emergency ,

planning (other than that engaged in by Applicants) conducted or  ;

contemplated for the Massachusetts EPZ or any portion thereof, including but not limited to emergency planning required pursuant  !

to the Emergency Planning Act. Such documents should include, 5 I but not be limited to, documents that reflect or refer to whether the SPMC or any othrer plan for dealing with a radiological emergency at Seabrook Station has or has not been, or will or will not be, used in planning for emergency situations other than those involving Seabrook Station.

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4 ANSWER:

This interrogatory is objectionable to the extent it seeks to invade the attorney-client privilege or to obtain work product prepared by or on behalf of counsel for TOA or TOA officials for purposes of litigation. TOA further objects to this interrogatory on grounds that, to the best of TOA's knowledge and belief, Applicants are already in possession of all planning documents for the Seabrook EPZ, and further that Applicants "engaged in", or were involved with, generating these documents prior to decisions by the Commonwealth and Massachusetts EPZ c: amunities that emergency planning for Seabrook is not feasible.

ToA is not in possession of any planning documents, within the scope of the request, generated since that date. ToA acknowledges, however, its responsibilities to the extent j required under the Emergency Planning Act, although no such planning document has been approved by the Town.

QUESTION: i

5. Please list every admitted SPMC contention which you do i not intend to participate in litigating, i.e., concerning which you will not take discovery, present evidence, make arguments, j conduct cross-examination, or submit proposed findings.

ANSWER:

l As Applicants should be aware, this interrogatory is l

! premature. Presently, the Commonwealth, EPZ Towns in Massachusetts, and Applicants, are engaged in streamlining and l consolidating the numerous admitted contentions for submission as  !

"joint intervenor" contentions. As of the date of these answers, i l

l that process has not been completed. Identification of f

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• contentions that TOA may choose to litigate is wholly premature [

and speculative. In addition, any responses Applicants may make t to TOA discovery requests may impact on TOA's decision whether L to proceed with further litigation of particular contentions.

QUESTION:

6. For every admitted SPMC contention that you submitted and do not hereby withdrdw, and for every other admitted SPMC contention that you did not list in response to Interrogatory 5 above, individually for each such contention, please l

a. State in detail all the facts underlying each assertion contained in the contention; j

b. State the source of each such fact. If the source is the personal knowledge of one or more persons, identify the person (s). If the source is one or more documents, identify and produce the document (s);

c. Identify any expert witness who is to testify concerning the contention, and state the substance of the facts, opinions,  !

, and grounds for opinions to which the expert is expected to testify;

! d. Identify any non-expert witness who is to testify concerning the contention, and state the substance of the facts ,

to which the witness is expected to testify; and  !

t j e. Identify and produce any documents which reflect or refer to any type of study, calculation or analysis bearing upon the substance of the contentions.

I ANSWER:

a. See Answer to Interrogatory 5. By way of further objection, this interrogatory is objected to as vague and unduly burdensome. TOA asserts that "the facts underlying each e

assertion contained in the contention" are stated with reasonable (

specificity in the basis for each contention proffered by TOA.

Absent a reasonably specific request by Applicants for particular information, TOA objects to Applicants' fishing expedition for t i

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• *all the ' facts" which may possibly pertain to any particular contantion.

b. See answer to Interrogatory 5 and 6a.

c. See answer to Interrogatory 5 and 6a. By way of further answer, TOA has not yet identified any experts who will testify on behalf of TOA.

d. See answer to Interrogatory 5 and 6a. BV '!ay of further answer, this interrogatory is objected to as outside the scope of permissible discovery, as premature, and as constituting a fishing expedition intended to intrude into the litigation strategies, and mental impressions of TOA counsel and officials.

a. See answers to Interrogatories 5, 6a, and 6d. By way of further objection, this interrogatory, which seeks any document "bearing upon" a contention, is so broad and vague as to be incomprehensible.

DATED: September 14, 1988 By: . /M '

William 14rd, Chairman '

TOWN OF AMESBURY '

Board of Selectmen STATE OF NEW HAMPSHIRE ROCKINGHAM, SS. 9kN , 1988 Personally appeared the above-named William Lord and swore to the truthfulness of the foregoing statements based upon personal knowledge, information and belief.

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.e CERTIFICATE QE SERVICE ,gs 9715 R2:02 I, Matthew T. Brock, one of the attorneys for the Town of Hampton herein, hereby certify that on September 14, 1988, Inmade service of the foregoing documents, ANSWERS TO APPLICANTSEiFIRST' SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCOMENTS TO ALL PARTIES AND PARTICIPATING LOCAL GOVERNMENTS REGARDING CONTENTIONS ON THE SEABROOK PLAN FOR MASSACHUSETTS COMMUNITIES and MOTION FOR PROTECTIVE ORDER by depositing copies thereof in the United States Mail, first class postage prepaid for delivery (or, where indicated, by Express Mail, prepaid) addressed to:

• Ivan Smith, Esq., Chairman *Dr. Jerry Harbour Atomic Safety & Licensing Board Atomic Safety & Licensing Board (Off-Site) (Off-site)

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.

East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814

• Judge Gustave A. Linenberger, Jr.

• Atomic Safety & Licensing Atomic Safety & Licensing Board Appeal Board Panel (Off-Site) U.S. Nuclear Regulatory Comm.

U.S. Nuclear Regulatory Commission Washington, DC 20555 East West Towers Building 4350 East West Highway

• Thomas Dignan, Esq.

Bethesda, MD 20814 George H. Lewald, Esq.

Kathryn A. Selleck, Esq.

• Adjudicatory File Ropes & Gray Atomic Safety & Licensing Board 225 Frankin Street Panel Docket (2 copies) Boston, MA 02110 U.S. Nuclear Regulatory Commission East West Towers Building

• Carol S. Sneider, Esq.

4350 East West Highway Stephen H. Oleskey, Esq.

Bethesda, MD 20814 Allan R. Pierce, Esq.

Department of the Atty. General

• Stephen E. Merrill, Esq. One Ashburton Place George Dana Bisbee, Esq. Bo'; ton, KA 02108 Office of the Attorney General State House

• Diane Curran, Esq.

Concord, NH 03301 Andrea C. Perster, Esq.

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

• Sherwin E. Turk, Esq. Washington, DC 20009-1125

• Office of General Counsel U.S. Nuclear Regulatory Commission

• Richard R. Donovan 15th Floor - One White F. int North Federal Emergency Mgmt. Agency 11555 Rockville Pike Federal Regional Center Rockville, MD 20852 130 228th Street, S.W.

Bothell, WA 98021-9796

\

Philip Ahrens, Esquire Robert A. Backus, Esq.

Assistant Attorney General Backus, Meyer & Solomon Office of the Attorney General 111 Lowell Street State House, Station 6 Manchester, NH 03105 Augusta, ME 04333 Mrs. Anne E. Goodman Jane Doughty Board of Selectmen Seacoast Anti-Pollution League 13-15 Newmarket Road 5 Market Street Durham, NH 03824 Portsmouth, NH 03801 William S. Lord, Chairman Rep. Roberta C. Pevear Board of Selectmen Drinkwater Road Town of Amesbury Hampton Falls, NH 03844 Town Hall, Friend Street Amesbury, MA 01913 R. Scott Hill-Whilton, Esquire H. Joseph Flynn, Esq.

Lagoulis, Clerk, Hill-Whilton Office of General Counsel

& McGuire Federal Emergency Mgmt. Agency 79 State Street 500 C Street, S.W., Rm. 840 Newburyport, MA 01950 Washington, DC 20472 Stenley W. Knowles Ashod N. Amirian, Esquire Board of Selectmen 376 Main Street P.O. Box 710 Haverhill, MA 01830 North Hampton, NH 03862 J.P. Nadeau, Selectman Alfred V. Sargent, Chairman Selectmen's Office Board of Selectmen 10 Central Road Town of Salisbury R: e , NH 03870 Salisbury, MA 01950 Senator Gordon J. Humphrey Senator Gordon J. Humphrey U.S. Senate One Eagle Square, Suite 507 Washington, DC 20510 Concord, NH 03301 (Attn Tom Burack) (Attn: Herb Boynton)

William Armstrong Allen Lampert Civil Defense Director Civil Defense Director 10 Front Street Town of Brentwood Exeter, NH 03833 Exeter, NH 03833 Richard A. Hampe, Esq. Gary W. Holmes, Esq.

Hampe and McNicholac Holmes and Ells

• 35 Pleasant Street 47 Winnacunnet Road Concord, NH 03301 Hampton, NH 03842 Charles P. Graham, Esq. Calvin A. Canney, City Nanager Murphy & Graham City Hall 33 Low Street 126 Daniel Street Newburyport, MA 01950 Portsmouth, NH 03801 2

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l Sandra Gavutis Brentwood Board of Selectmen Town of Kensington RFD Dalton Road RFD 1, Box 1154 Brentwood, NH 03833 East Kensington, NH 03827 Robert Carrigg, Chairman Mr. Thomas H. Powers, III Board of Selectmen Town Manager Town Office Town of Exeter Atlantic Avenue 10 Front Street No. Hampton, NH 03862 Exeter, NH 03833 Judith H. Mizner, Esq. Beverly Hollingworth 79 State Street 209 Winnacunnet Road 2nd Floor Hampton, NH 03842 Newburyport, MA 01950 Leonard Kopelman Esquire '

Barbara J. Saint Andre, Esquire Michael Santesuosso, Chairman Kopelman & Paige, P.C.

Board of Selectmen 77 Franklin Street Jewell Street, RFD 2 Boston, MA 02110 So. Hampton, NH 03827

• Alan S. Rosenthal, Chairman Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Comm.

East West Towers Building

• Thomas Moore Third Floor Mailroom Atomic Safety & Licensing 4350 East West Highway Appeal Board Bethesda, MD 20814 U.S. Nuclear Regulatory Comm.

East West Towers Building Third Floor Mailroom .

• Howard A. Wilber 4350 East West Highway Atomic Safety & Licehning Bethesda, MD 20814 Appeal Board U.S. Nuclear Regulatory Comm.

East West Towers Building Third Floor Mailroom 4350 East West Highway Bethesda, MD 20814

• Sheldon J. Wolfe, Chairman

• Administrative Judge Atomic Safety & Licensing Emmeth A. Luebke

• Board (On-Site) 4515 Willard Avenue U.S. Nuclear Regulatory Comm. Chevy Chase, MD 20815 East West Towers Building 4350 East West Highway

• Thomas M. Roberts Bethesda, MD 20814 U.S. Nuclear Regulatory Comm.

Washington, DC 20555 i

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• Administrative Judge Sheldon J. Wolfe *Kenneth M. Carr 1110 Wimbledon Drive U.S. Nuclear Regulatory Comm.

McLean, VA 22101 Washington, DC 20555

• Lando W. Zech, Jr., Chairman

• Frederick M. Bernthal U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm. ,

Washington, DC 20555 Washington, DC 20555 j

• Kenneth C. Rogers

• Robert R. Pierce, Esq.

U.S. Nuclear Regulatory Comm. Atomic Safety & Licensing Washington, DC 20555 Board Panel U.S. Nuclear Regulatory Comm.

East West Towers Building 4350 East West Highway Bethesda, MD 20814 Matthew T. Brock r

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