ML20154P970

Commonwealth of Ma Atty General Jm Shannon Answers & Responses to Applicant First Set of Interrogatories & First Request for Documents.* W/Certificate of Svc.Related Correspondence

ML20154P970
Person / Time
Site:	Seabrook
Issue date:	09/23/1988
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#488-7166 OL-1, NUDOCS 8810030250
Download: ML20154P970 (13)

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.4 00CKETED ust4Rc REtATED C,0,RRESJ_'uNy>P_9A UNITED STATES OF AMERICA 10 SEP 28 P5:56 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARDrrer-4 D3Cnl h i Before the Administrative Judges: -

Ivan W. Smith, Chairman Gustave A. Linenberger, Jr. [

Dr. Jerry Harbour  :

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In the Matter of ) Docket Nos. Sr 343-OL-1 ,

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" ,-444-OL-1 PUBLIC SERVICE COMPANY ) (,ff-Site EP)

OF NEW HAMPSHIRE, EI AL. ) .

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(Seabrook Station, Units 1 and 2 ) September 23, 1988

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MASSACHUSETTS ATTORNEY GENERAL JAMES M. SHANNON'S ANSWERS AND RESPONSES TO THE APPLICANTS' FIRST SET OF j INTERRQGAIORIES AND FIRS't,REOUEST FOR DOCUMEllTS 4 ,

GMAQLal._Ohiec t ion:

The Massachusetts Attorney General ("Mass AG") objects to I any interrogatories and the production of any documents which  ;

would call for the disclosure of attorney-client communications i l l or which reflect the work-product of the Department of the l r

l Attorney General or any other attorney (s).

I General Objection.

The Mass AG objects to the section of the Applicants' discovery requests entitled "Definitions and Instructions" to 4

the extent that it requires an "identification" of each  !

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document to include its "author, date, title, addressee (s) and ,

subject matter" and/or requires for groups of more than 20 documents that the subject matter of these documents be identified and the number of such documents be supplied. These additional production requirements are not contemplated or authorized by 10 CFR S 2.740 and are unduly burdenscme. l Moreover, the Applicants seek production of these documents which they want the Mass AG to "identify" and upon production the information sought from the Mass AG will be available to the Applicants. The Mass AG also objects to a production of f these documents at the location requested and instead will make i

them available for inspection at' the office of the Mass AG and/or at the locations at which the documents are normally kept and in the manner in which they are retained in the usual '

course of business.

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ANSWERS TO INTERROGATORIES AND RESPONSES TO REOUESTS FOR__ PRODUCTION

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

Anaw_c r__3.nd_Resmanse to 1:

Person answering:

John Traficonte Persons contributing to answers:

1. Douglas P. Forbes, Sr.

Director of Planning Massachusetts Civil Defense Agency 400 Worcester Road, P.O. Box 1496 Framingham, MA 01701

2. Jeffrey Hausner Director of Nuclear Safety Emergency Preparedness Division l Massachusett Civil Defense Agency '

400 Worcester Road, P.O. Box 1496 Framingham, MA 01701

3. Robert Hallisey Director of Radiation Control Program l Massachusetts Department of Public Health 150 Tremont Street Boston, MA 02111

4. Peter Agnes Assistant Secretary of Public Safety Office of Public Safety One Ashburton Place Boston, MA 02108 3 -

2. please identify 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 r Seabrook Station.

AnaRer_and_Hesponse to 2: I

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OBJECTION: The Mass AG objects to this interrogatory and request on the grounds that it is basically incoherent, l unclear, ambiguous, unduly burdensome and seeks information not +

reasonably calculated to lead to the discovery of admissible evidence. In its present form, this interrogatory / document l request invites the Mass AG to identify any governmental 4

official (at any level of covernment anywhere in the j CommonneA11h) and set forth documents (or conversations) which reflect what actions that official miaht not take in the event  ;

of a Seabrook emergency. Such an unbounded and peculiar I request simply can not be intelligently met.  ;

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l 3. Please identify and produce all documents, and describe in

'l f detail 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 .

l official or entity to block, hinder or delay the licensing i i of Seabrook Station. i i

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Answer and Response to 3:

OBJECTION: The Mass AG repeats and incorporates by reference his initial general objection set forth above.

Further, the Mass AG objects to this interrogatory / request on l the grounds that it is ambiguous, unclear and argumentative, seeks some form of constructive admission as a consequence of any response by the Mass AG, and seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence.

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, but not be limited to, documents that reflect or refer to whether the SpMC or any I other 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 ,

I those involving Seabrook Station.

Ans.wnL anLRespanac_tJ2_1:

OBJECTION: The Mass AG objects to the scope of this interrogatory / request as unduly burdensome and seeking information that is not relevant or reasonably calculated to lead to the discovery of admissible evidence. Further, the Mass AG objects to the last sentence of this interrogatory / request on the grounds that it is unclear and incoherent. By agreement with counsel for the Applicants, the Mass AG will respond for the period beginning January 1, 1986 (including the immediately preceding three-month period in the event significant planning activities and documents were generated in that period.)

The following documents will be made available:

1. Comprehensive (all-hazards) emergency plans submitted by the Towns of West Newbury and Amesbury;

2. An emergency plan submitted by the Town of West Newbury pursuant to the Emergency Planning Act ("EPA");

3. Documents distributed by the Civil Defense Agency to assiat in the development of EPA plans;

4. Document (s) referring or relating to EPA plans and planning and Seabrook radiological emergency planning;

5. Radiological Emergency Plans for: (a) each Seabrook EPZ community; (b) each Seabrook host community; (c)

State Area 1 Plan; (d) revisions for State RERP; (e)

Seabrook school plans; (f) State compensatory plan; and (9) Implementing Procedures for (a), (b) and (c) above;

6. FEMA informal technical review document (with annotations) relating to 5(a), (b) and (c) above, and the NIAT Handbook described in 7 below;

7. NIAT Handbook;

8. Documents referring to or relating to 7 above, including correspondence between Department of Public Health ("DPH") and the Applicants' consultants that refer or relate to 7 above, and instructional materials relating to 7 above;

9. Cor?.espondence between DPH and the Seabrook local communities;

10. Correspondence between DPH an.d Massachusetts Civil Defense;

11. Radiological Emergency Information for Farmers and Food Processors dated November 1987; and

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12. Documents received from the Applicants' consultants located in the Seabrook EPZ that refer to or reflect emergency planning for the Seabrook EPZ.

The answer / response to this interrogatory / request will be supplemented if it is determined to be incomplete.

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

There are no such contentions.

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

(a) State in detail all the facts underlying each assertion contained in the contention; (b) State the source of each such fact. If the source is the personal knowledge of one or more persons, identify the perron(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;

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(d) Identify any non-expert witness who is to testify t concerning the contention and state the substance of I the facts to which the witness is expected to testify;  ;

and i (e) Identify and produce any documents which reflect or i

4 refer to any type of study, calculation or analysis bearing upon the substance of the contention.

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. Answers'and Resp.gnses to 6(a) throuah 6(e):

1 (a) The facts underlying each Joint Intervenor contention l

l .are set forth in the contenton and bases as originally filed by l the parties whose contentions were consolidated into these

Joint Intervenor contentions. ,

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] (b) The sources for these facts include: (1) the SpMC; [

(2) the NHRERP; (3) NUREG-0654; (4) NUREG-0654 (Supp 1); (5) l j the evidentiary record developed during litigation of the 4

! NHRERP; (6) documents referred to in the original contentions i

t j and/or bases; (7) information and documents made available by l: the Applicants; and (3) information gathered by investigators f

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i (c) These witnesses have not yet been identified. (

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l (d) These witnesses have not yet been identified. '

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(e) OBJECTION: The Mass AG repeats his initial general objection and.further objects to this subpart 6(e) on the

grounds that it is ambiguous, unclear, overbroad and unduly burdensome to the extent that it seeks the identification and production of any document reflecting or refering to any document (i.e. "study, calculation or analysis") having anything to do with a contention. Such a request is unbounded.

AS TO OBJECTIONS:

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-Gohh Traficontd Asdistant Attorney General Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS

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By/ J hn Tra".icohte

/ sistant Attorney General uclear Safety Unit One Ashburton place Boston, MA 02108 (617) 727-2200 DATED: September 23, 1988 9_

O UllITED STATES OF AMERICA LOLKEIQ tm 110 CLEAR REGULATORY COMMISSIO!3

'38 EP 28 P5 :56 cnlu -

) 00Cr'tig,~,{

In the Matter of )

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PUBLIC SERVICE COMPAt1Y OF ) Docket tio.(s)

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

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CEkTIF_ICATE OF SERVICE I, John Traficonte, hereby certify that on Seps mber 23, 1988, I made service of the .rithin MASSACHUSETTS ATTORt1EY GENERAL JAMES M. SHAT 1!10!i'S ANSWERS AND RESPO!1SES TO THE APPLICAtiTS' FIRST SET OF INTERROGATORIES AllD FIRST REQUEST FOR DOCUMENTS, by Federal Express as indicated by (*] to the following parties:

Sherwin E. Turk, Esq. ' Docketing and Service U.S. Nuclear Regulatory Commission U.S. tiuclear Regulatory Commission Office of General Counsel Washington, DC 20555 15th Floor 11555 Rockville Pike l Rockville, MD 20852 l

l Iean Gmith, Chairman Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. fluclear Regulatory U.S. tiuclear Regulatory Commission Commission East West Towers Building  ;

Ersst West Towers Building 4350 East West Highuay <

4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Dr. Jerry Harbour Robert R. Pierce, Esq.

Atomic Safety & Licensing Board Atomic Satety & Licensing Board U.S. 11uclear Regulatory t.S. 11uclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814

I also certify that on September 22, 1988, I will make service of the foregoing documents to the remaining parties on this list who were not served on September 21, 1988, by first class mail, or by hand delivery as indicated by [**].

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 Docketing ar.d 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 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 20355 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution L' ague U.S. Nuclear Regul ory 5 Market Street Commission Portsmouth, NH 03801 washingtor., DC 2 0 5 5'J Matthew T. Brock. Esq. J. P. Nadeau Shaines & McEachern Board of Selectmen 25 Maplewood Avenue 10 Central Road P.O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801

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Senator Gordon J. Humphrey 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 G. Molin 1 Eagle Square, Suite 507 Mayor Concord, Nil 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Donald E. Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W. Holres, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, tr 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahren 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

• • Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

Ropes & Gray Hampe 6 McNicholas 225 Franklin Street 35 Pleasant Street Boston, MA 02110 Concord, NH 03301 Beverly Hollingworth Ashod 11. Amitian, Esq.

209 Winnacunnet Road 376 Main Street Hampton, Nil 03842 Haverhill, MA 01830 William Armstrong Michael Santosuosse, 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 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 Sheldon J. Holfe, Chairperson Civil Defense Director 1110 Wimbledon Drive Town of B r entwoort McLean, VA 22101 20 Franklin Street Exeter, bJ 03833 r-t t

Charles P. Graham, Esq. Barbara St. Andre, Esq.

Murphy & Graham Kopelman & Paige, P.C.

33 Low Street 77 Franklin Street tiewburyport, MA 01950 Boston, MA 02110 Judith H. Mizner, Esq. R. Scott Hill-Whilton, Esq.

Layoulis, Clark, Hill-Whilton Lagoulis, Clark, Hill-Whilton

& McGuire & McGuire 79 State Street 79 State Street flewbu rypo r t , MA 01950 tiewburyport, MA 01950

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John Traficonte Assistant Attorney General fluclear Safety Unit Department of the Attorney General Cne Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED: September 23, 1988

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