ML20154J555

Town of West Newbury Answers to Applicant First Set of Interrogatories & First Request for Production of Documents to All Parties & Participating Local Govts Re Contentions on Seabrook Plan for Commonwealth....* Certificate of Svc Encl

ML20154J555
Person / Time
Site:	Seabrook
Issue date:	09/19/1988
From:	Pulkkinen T WEST NEWBURY, MA
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
Shared Package
ML20154J549	List: ML20154J546 ML20154J555
References
OL, NUDOCS 8809230067
Download: ML20154J555 (6)

Text

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September 19,0((pg[0 UNITED STATES OF AMERICA 'gg ggp 20 P3 :08 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY LICENSING BOARD CFFrCF t.- ,cv 00CHETiM; ? m.v d BrM::i In the Matter of )

) Docket No. 50-443-OL PUBLIC SERVICE CC1PANY OF ) Docket No. 50-444-OL NEW HAMPSHIRE, 31 al. ) (Off-site EP)

(Seabrook Station, Units 1 and 2 )

)

TOWN OF WEST NEWBURY'S ANSWERS TO APPLICANTS # FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO ALL PARTIES AND PARTICIPATING LOCAL GOVERNMEh1S REGARDING CONTENTIONS ON THE SEABROOK PLAN FOR MASSACHUSETTS COMMUNITIES The Town of West Newbury (TOWN) files the following answers to the applicants' 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.

1. Thomas E. Pulkkinen, Chairman of the Wout Newbury Board of Selectmen, Town Offico Building, 381 Main Stroot, West -

Newbury, Massachusetts 01985 is providing the answers to those interrogatorios on behalf of TOWN.

2. TOWN objects to interrogatory 2 on grounds that it is j overbcoad and so vague that a responsive answer rolovant to thoso proceedings cannot be provided. TOWN further objects to this interrogatory on grounds of attorney-client and work product ,

privileges. Without waiving those objections, TOWN further states that actions an official would not, could not, or might 8809230067 DBO919 PDR ADOCK 05000443 i

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not take in the event of a radiological omorgency at Seabrook Station are not only incapable of definition and cannot, therefore, be answered, but are irrelevant. In terms of what actions an official would, could, or might take, again the interrogatory is overbroad and vague, seeking mere speculation, since the nature, scope and extent of the omorgency at Seabrook Station posited in the interrogatory has not been defined.

Moreover, TOWN has asserted that any response would be on an ad hoc basis, dependent on the personnel and resources available at the time of any emergoney.

3. TOWN objects to interrogatory 3 on grounds that it is overbroad, vague, and argumentative. TOWN further objects to this interrogatory on grounds of attorney-client and work product privileges. Without waiving any of the above-stated objections, i

respondent states that TOWN has never undertaken any action morely to "block, hinder or delay the licensing of Seabrook Station". Any actions taken by officials of TOWN have boon actions doomed necessary and appropriato to protect the health and safoty of TCWN's citizens and/or actions required by law.

TOWN objects to any suggestion by the applicants that TOWN has I

! acted solely for obstructionist purposes.

4. TOWN has no documents reflecting or referring to any emergency planning for a radiological emergency other than drafts l

of evacuation plans provided to the TOWN by the applicants which are in the possession of the applicants. TOWN does have a l

"Severe Storms Emergency Response Plan for the Town of West Newbury", prepared by the Office of Preparedness, West Newbury Civil Defense, November, 1986 and approved by the Board of Delectmen on May 18, 1987.

5. TOWN has not made a final decision as to which admitted SPMC contentions it will, or will not, participate in litigating, particularly nince the Commonwealth of Massachusetts, the intervening towns in the Massachusetts EPZ, the applicants and the NRC staff are in the process of consolidating and streamlining the admitted contentions for submission as "joint intervenor"' contentions. When that process is complete, TOWN will review the contentions and make its final decisions as to which contentions it will or will not participate in litigating.

6. Soo answer to interrogatory 5. TOWN objects to interrogatory 6 a,b,and e as overbroad and vaguo. Without waiving those objections, TOWN further answers that the facts underlying each assortion in the contentions submitted by TOWN are contained in the contentions and bases filed by TOWN and admitted for litigation by the ASLB in this procooding. TOWN further answors that no export or non-export witnessos have yet  ;

been chosen. l TOWN objects to applicants' request that the production of any documents take place at the officos of applicants' attornoys in Boston, Massachusetts as unduly burdensomo. Applicants may inspect any relevant documents in TOWN during the discovery

period, during normal business hours, at a mutually agreeable time, following reasonable notice to TOW!i.

w. s .

Dated: September 18, 1988 By: *1/tt - e<-

M fiomas E.'Pulkkinen, Chairman West flowbury Board of Selectmen

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, CERTIFICATE OF SERVICE I, Judith 11. Mizner, Counsel for the Town of West Newbury in tNO  !

above-entitled action, hereby certify that I have caused copies  !

of the enclosed documents to be served upon the persons a]8tHEP 20 P3 :08 i addresses listed below, by first class, postage prepaid, mail and by Federal Express, postage prepaid, mail to those names

[0bN 4.'M which have been marked with an asterisk.

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• Admin. Judge Ivan W. Smith

• Judge Gustavo A. Linenberger, Jr.  :

Chairman, Atomic Safety and Atomic Safety and Licensing Board l

. Licensing Board U.S. Nuclear Regulatory Commission  !

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (

Washington, D.C. 20555 i i

• Dr . Je r ry lia r bour

• Docketing and Sevice Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comt..ission (

U.S. Nuclear Regulatory Commission 1717 11 Street Washington, D.C. 20555 Washington, D.C. 20555

• Thomas G. Dignan, Esq. A.S.L.A.B. Panel Ropes and Gray U.S. Nuclear Regulatory Commission [

225 Franklin Street Washington, D.C. 20555 L Boston, MA 02110 Diane Curran, Esq. Stephen B. Merrill, Esq. i liarmon & Weiss Attorney General Suite 430 Office of the Attorney General  !

j Washington, D.C. 20009 Concord, Nil 03301 [

Sherwin E. Turk, Esq. Robert A. Backus, Esq. I L

office of General Counsel NRC 116 Lowell Street 15th Floor, I White Flint North P.C. Box 516 I Rockville, MD 20852 Manchester, Nil 03105  ;

Philip Ahrens, Esq. Paul McEachern, Esq.  !

Asst. Attornay General Shaines & McEachern Office of the Attorney General 25 Maplewood Avenue  !

Augusta, ME 04333 Portsmouth, Nil 03801 Mrs. Sandra Guvutis The lionorable Gordon J. Ilumphrey  ;

Chairman United States Senate ,

Board of Selectmen Washington, D.C. 20510 l Kensington, Nil 03827

[

Mr. Thomas Powers 11 . Joseph Flynn, Esq. i Town Manager Office of General Counsel Town of Exeter Federal Emergency Management Agency l Exeter, Nil 03833 Washington, D.C. 20472 l I

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i Gary llolmes, Esq. Stephen Jonas, Esq.

Ilolmes & Ells Assistant Attorney General 4 7 Winnacunnet Road Office of the Attorney General Hampton, Nil 03841 Boston, tiA 02108 Mr. Calvin A. Canney Charles P. Graham, Esq.

City Manager  ?!urphy and Graham City Hall 33 Low Street Portsmouth, N!! 03001 Newburyport, MA 01950 Barbara Saint Andre, Esq. flr. William Lord Kopelman & Paige Selectman 77 Franklin Street Board of Selectmen Boston, ilA 02110 Amesbury, MA 01913 Brentwood Board of Selectmen Richard A. Elampe, Esq.

RFD Dalton Road  !!ampo & McNicholas Brentwood, nil 03033 3 5 Ple asant Street Concord, Nil 03301 Mr. Robert Carrig, Chairman R. Scott liill Uhilton, Esq.

Board of Selectmen Lagoulis, Clark, Ilill-Whilton Town Office & McGuire Nor th flampton, Nil 03862 79 State Street Newburyport, MA 01950 Robert R. Pierce, Esq. Mr. Richard R. Donovan Atomic Safety and Licensing Federal Emergency Management Agency Board Panel Federal Regional Center U.S. Nuclear Regulatory Comm. 130 228th Street, S.U.

Washington, D.C. 20555 Bothell, Washington 98021-9796 Signed under seal this /1 day of f<r ! '~' , 1988.

,Cid X ' ?*Qs Judith H. Hizner I

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