ML20154Q290
| ML20154Q290 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/28/1988 |
| From: | Machiros A NEWBURY, MA |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#488-7184 OL-1, NUDOCS 8810030358 | |
| Download: ML20154Q290 (14) | |
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gjgtf a gnAIED CORRESPONDENC4 g EO UNITED STATES OF AMERICA NUCLEAR RECULATORY CO!1 MISSION gy 29 P2 04 BEFORE THE ATOliIC SAFETY AND LICE!! SING BOAR
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PUBLIC SERVICE CO!!PANY OF )
NEW llA!!PSilIRE, et al. ) Docket Nos. 50-443-OL-1
) 50-444-OL-1 (Seabrook Station, Units 1 and 2) ) Offsite Emergency
) Planning Issues
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TOWN OF NEWBURY (TON) ANSWERS TO NRC 5TAFF'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO Tile TOWNS OF AMESBURY, NEWBURY, SALISBURY, WEST NEWBURY AND MERRI!'iAC, AND THE CITY OF NEWBURYPORT 110 H C O!!C S the Town of Newbury (TON) and answers the above interrogatories as follows:
OBJECTIOli TO REQUEST FOR PRODUCTION TOli objects to the Staff's request that any documents to be produced by TON must be provided at the Staff offices in Rockville, Maryland on the grounds that the request is unduly burdensono and costly to TOti. The resources of the Staff greatly exceed that of TON and it is therefore apprcpriate that the Staff inspect any relevant documents at TON. TON will make any relevant documents available for such discovery during nornal business hours, at a mutually agreeable time, following reasonable notice to TOtt, during the discovery period.
- 1. Identify and supply each docunent containing procedures, plano, orders, instructions, directions, and training materials of the Intervenors for any action in the event of:
(a) a radiological emergency or disaster stenming from a nucicar plant accident whether the plant is located inside or outside of Massachusetts 8810030358 880928 1 PDR ADOCK 05000443 0 PDR h
(b) other radiological emergencies or disasters; and t
(c) all other "emergencies" or disasters as defined in ,
paragraph 4 of the above definitions.
- 1. (a-c) TON objects to this interrogatory on the grounds that it is overly broad and unduly burdensome. In addition, the Interrogatory is objected to on the grounds that, on infccmation and belief, the Staff is already in possession of all planning documents concerning Seabrook Station, which were generated in '
conjunction with Applicants and the Commo5 wealth, tio such ,
documents were produced by TON and TOli is in possocsion of no ,
documents concerning radiological emergency planning generated i since that date. TON has not approved any emergency or disaster
, plan for the town. Moreover, this interrogatory and others, see 1
e.g. answers to Interrogatories 8 and 9, seeks facts which are not known to TOti. TOli will make available for inspection and i
review documents consisting of GE!1ERAL COllSIDERATIONS AtlD 1
GUIDELINES pertaining to fires and traffic accidents, and a 1
Hazardous Materials Emergency Planning Guide dated liarch 16, 1907
' which TOli received from the Nasionel Response Team. In addition, TO!! will make available TO!!'s docunents relating to plans l prepared pursuant to the Emergency Planning Act, which are >
j contemplated to be prepared in approximately two weeks.
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! 2. With regard to each document set out in response to Interrogatory 1, describe the functions in emergenciou of any of the following categories of personnels (a) State and local police, to include persons employed full or part timo, and both private and public security personnel, such as special officers and deputies; (b) Civil Defense personnelt (c) Professional or volunteer fire-fighting personnel 2
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(d) First aid and rescue personnel; (e) Local support services personnel including Civil Defense /Emergoncy T.ervice personnel; (f) Medical support personnels (g) Emergency Service personnel; (h) lloalth and Environmental Department personnel; (i) liational Guard, Militia or Reserve personnel; (j) Boards of Education, School Boards or Departments, and ~
teachers; (k) Employcos of all other state, local or municipal departments or agencies; (1) Individuals obligated to provide assistance pursuant to agreements to aid between municipalities or other government units, or pursuant to other agreements; and (m) Individuals available to provide assistance pursuant to agreements to aid between municipalitics or other gov 9rnnent units, or pursuant to other agrooments.
- 2. Soo answer to Interrogatory 1. TON further objects to Interrogatory 2 on the grounds that the documents speak for thonselves and the Staff has greater resourcos to analyr,o those docunents than Toti. tiithout waiving said objections, the GEllERAL CO!!SIDERATIOt1S A11D GUIDELIllES identified in Toll's answer to Interrogatory 1 merely pertain to police officors and provido only the broadost of critoria to consider during fires or traffic accidents, e.g. "Cp]olico officers must also be aware of the possibility of arson;" "...the officer's primary duty is to give prompt attention to the neods of any injured persons."
- 3. Set out the training each of the catugory of personnel set out in Interrogatory 2 hao to perform its function in an "enorgency."
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- 3. See answer to Interrogatory 2. Without waiving its objections,' full-time polico officers have full-time academy training through the Massachusetts Criminal Justico Training .
Council. All such officero are cortified in the use of firearms and some have specialized training regarding accident investigation, fingerprinting, and related pclico activities.
Reserve officors have reserve academy training through the Massachusetts Criminal Justice Training Council. All reserve officers receive annual training as first responders and in the use of firearns.
- 4. Identify the Massachusetts Civil Defense agency areas in which the Seabrook plume emergency planning zone (EPZ) is located. Provide the Civil Defense Plans for those areas and for the Commonwealth.
- 4. See answer to Interrogatory 1. Without waiving said objections, TON does not know the Civil Defense Agency areas in which the Seabrook plume emergency planning zone is located and does not possess any Civil Defense plans for those areas or for the Commonwealth of Massachusetts.
- 5. Identify the number of individuals in each of the personnel categories listed in Interrogatory 2(a)-(m), and the nunber of such personnol (a) within the 10-mile EPZ plume exposure pathways (b) from 10 to 25 miles of Seabrook Station; (c) fron 25 to 50 miles of seabrook Stations (d) from 50 to 100 niles of Seabrook Stations and (o) within the Commonwealth of Massachusetts outside the aforementioned areas.
- 5. 800 answors to Interrogatories 1 and 4. Without waiving any objections contained therein, TON answers as to TON as follows:
(a) Policos full-time officers consist of one chief, one deputy chief, two lieutenants, one sergeant and three patrolment reserve officers consist of sixtcon patrolmen, one patrolman / dispatcher and one dispatcher.
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l (b) Civil Defense personnels three. j Professional or volunteer fire-fighting personnels two (c) full-time and approximately fifty volunteers.
(d) First aid and rescue personnel: See answer to 5(c).
(e) Local support services personnel including Civil Defense / Emergency Service personnel: TON does not understand Interrogatory 5(e). See answers to Interrogatory 5(a)-(d).
(f) Medical support personnel TON employs no medical support personnel. See answer to Interrogatory 5(d).
(g) Emergency Service personnel: See answer to Interrogatory 5(a)-(c).
(h) Health and Environmental Department personnels one health agent.
(i) National Guard, Militia or Reserve personnels none.
(j) Boards of Education, School Boards or Departments, and teachers:
School Committoon sovon members School administrators and administrative personnels eight Teachers and staffs approximately 24G (including two nurses).
The number of individuals identified abovo are employed at the following schools: Byfield School (elomontary), Woodbridge School (olomontary), Newbury Elementary and Triton Regional High School.
(k) Enployees of all other state, local or municipal departments or agencies: highway departments sixt assessors clerks onor town clerks onor tax collector's officos twor auditors / parking clerks onor buildint inspectors one.
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, (1) Individuals obligated to provide assistance pursuant to agreements to aid between municipalities or other government units, or pursuant to other agreements: See answers to -
Interrogatories 1 and 5(a)-(c). TON will assist other towns if 1
requested if TON resources are available to perform the requested services.
(m) Individuals available to provide assistance pursuant to l
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agreements to aid between inunicipalities or other government units, or pursuant to other agreements: Sue answer to 5(a)-(b).
- 6. Identify the types and number of the following resources available for use in the event of emergencies pursuant to the
- uments identified in Interrogatory 1: (a) police vehiclest (b) fire truckst (c) buses; (d) vans: (e) other vehicles: ,
(f) helicopters and other aircraft (g) boatar (h) sirens and :
public notification systenst (i) radios and (j) all other !
equipment. l See answer to Interrogatories 1 and 2. By the way of t
further answer, TON owns the following resources:
(a) Police vehicles: three naarked cruisers and two all-i q
terrain vehiclest (b) Fire trucks: twelver (c) Busses: noner 9
, (d) Vans: noner (e) Other vehicles: two rescue vehicles, four dump truchs, one pick-up truck, one personnel carrier, two tractors, one j
backhoe, one cidewalk plow ,
(f) llelicoptera and other aircraf t: noner (g) Boats: oner r (h) Sirens and public notification systems: every police l and fire department vehicle is equipped with a sirent ,
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(i) Radios: 49 portable radios, each of the vehicles except -
the tractors, backhoe and sidewalk plow are equipped with mobile radios, all fire trucks are equipped with mobile radios as are ,
all police cruiserar (j) All other equipment,~tcN objects to the interrogatory i as vague, overly broad, irreJr.a..t and not reasonably calculated to lead to the discovery of admissible evidence.
- 7. Identify the resources enumerated puisuant to Interrogatory ;
6(a)-(j), according to their locatf.ons (a) within the 10-nile EPZ plume exposure pathwayr (b) from 10 to 25 miles of Seabrooh l
Station; (c) from 25 to 50 miles of Seabrook Station (d) from 50 to 100 miles of Seabrook Station; and (e) within the Commonwealth of flassachusetts outside the aforementioned areas.
- 7. See answers to Interrogatories 1 and 6(a)-(j).
- 8. Identify the number and location of Massachusetts National ,
Guard Units in each of the Intervenor jurisdictions, the number !
of members of each unit, their distance from the Seabrook plume
- exposure EPZ, and the number and location of the following l resources available for use by the National Guard in emergencies:
(a) carst (b) truckst (c) vans: (d) helicopterst (c) other means of transportation; and (f) communication faciliticar including radios and other means of public notification. Supply the same information for any !!ilitia or Reserve unit in such jurisdiction.1/
See answer to Interrogatory 1. !
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- 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 squipment available for use in such an emergency, along with identification of the equipment's location. ;
- 9. See answer to Interrogatory 1. .
i 1/ If any of the data sought under Interrogatory 8 are withheld on the ground they are classified, please indicat.e the type ;
of data so withheld.
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- 10. Identify any provisions made for handling of individuals contaminated in a radiological emergency stemning from any causo, including (a) the number and location of personnel trained and available to assist in decontamination of contaminated individuals, and (b) a description and enumeration of equipment available for use in decontamination, along with identification -
of the equipment's location.
- 10. See answer to Interrogatory 1.
10a. Identify all documents in your poasession identifying ,
facilitios in Massachusotts which have or clain to havo ;
equipment, personnel or expertiso to troat radiologically contaminated individuals. Supply such documento.
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los. None.
- 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-nile ingestion pathway from any nuclear plant, including the methods for protecting the public from consumption of contaminated foodstuffsr and identify any procedures for detecting -
contamination, for imposing protective measures such as interdiction of food supply, impoundment, or quarantine, and for public notification concerning food contamination and the protective measures to be followed.
- 11. Soo answer to Interrogatory 1.
- 12. Identify the number of Massachusetts Civil Defense personnel t according to location within the Commonwealth, and identify the amount and location of equipment available for their use to protect the public in the event of an energency. Set out the training of Civil Defense personnel.
- 12. See answer to Interrogatory 1.
- 13. Identify the location of stations authorized to broadcast under Federal Emergency Broadcast System (EMS) regulations and the Massachusetts EDS operational Plan ("operational Plan").
Provide a copy of the operational Plan.
- 13. Soo answer to Interrogatory 1.
- 14. Identify all documents, agreements and communications dated within the last five years concerning the operation of the EDS.
Produco a copy of all such documents, agreements and communications.
- 14. See answer to Interrogatory 1.
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- 15. Identify the provisions of federal or state law which preclude activation of the EDS at the discretion of management of N1, FM, and television stations, in connection with day-to-day i emergency situations posing a threat to the safety of life and property, such as hurricanos, floods, icing conditions, heavy snows, fires, toxic gases, power failures, industrial explosions,- !
and civil disorders.
- 15. See answer to Interrogatory 1. Answering further, this interrogatory 10 objected to as calling for a legal conclusion.
- 16. List all Federal funds received by any Intervenor jurisdiction during the past 5 years.for purposes of developing plans, procedures, manuals, and other documents concerning .
responses :o emergencies,and identify, with respect to each such :
document, under what statutes these funds were providJd and the l federal agencies or departments from which the funds were t received. 1
- 16. None.
- 17. With respect to each docunent identified in Interrogatory 1, identify any federal or state law or regulation pursuant to which each such docunent was prepared.
- 17. See answer to Interrogatory 1. ;
- 10. Identify all Massachusetts statutes and regulations, and all local reculations, ordinances or other provisions, (a) concerning ;
actions to be taken by state or local authorities, or those -
acting in their behalf, in the event of emergencies, including i the preparation of plans for actions to be taken in emergencies j (b) concerning any prohibitions on any such actions or plans; and i (c) concerning any prohibitions on any person or organization ,
other than state or local authorities with respect to any such actions or plans.
- 18. See answer to Interrogatory 1. The interrogatory is also objected to as calling for e legal opinion or conclusion. The -
Staff may inspect TON's by-la.vs in accordance with the conditions !
set forth in OBJECTION To PRODUCTION OF DOCUMENTS, Supra. ;
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- 19. Set out the conditions, including citations to all ,
applicable provisions of state and local laws and regulations, '
(a) under which state and local authorities may permit private individuals or organizations to take action on their behalf in an [
emergency; and (b) under which state and local authorities are <
precluded fron authorizing private individuals or organizations !
from taking action on their behalf in an emergency. l r
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- 19. See answer to Interrogatory 18. Answering further, TON is 4
unaware of any conditions under which local authorities may permit private individuals or organizations to take action on i TON's behalf in an emergency. The Staff is as fully capable of researching the law as is TON and the Staff has far greater i
< resources for doing so than does TON.
Set out examples illustrating the conditions described in 20.
i Interrogatory 19(a} and (b). !
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- 20. See answer to Interrogatory 18.
- 21. Dofine what you considor to be "the beach" in the !
] Massachusutts pertion of the Seabrook Station EPZ. Set out the j ;
4 geographic boundarios of that "beach" area.
- 21. TON objects to the interrogatory as irrelevant and not '
l reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objection, TON considers that I
portion of TON to be "the beach" which fronts on the Atlantic {
Ocean from the boundary of Newburyport and TON to the southern end of plun Island. "The beach" oxtends inland for varying depths along said f.rontago and TON has not conducted any study to show how far inland "the beach" extends.
- 22. Using the definition of "the beach" you supplied in answer to Interrogatory 21, provide the following data, along with a copy of any study or other document relevant to the following infornations (a) the maximun nunbor of cars at the beach on the 10 busiest days within the last five yeart, siong with indication of the time and date of such maximas ('. e ...+ w# umber of cars remaining at the beach following each 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 aforenentioned maximat s' .he number of cars entering and loavirl the beach during each . 2-hout interval within the 8-hour period. If you do not have data for 1/2-hour intervals, supply such data for the periods you have. Indicato whether tho foregoing computations were nude manually or automatically.
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- 22. See answers to Interrogatories 1 and 21. Toti is informed and believes that evidence was subnitted by Intervenors in the !!!!RCRP litigation which is applicable to this interrogatory. TON adopts The interrogatory is further objected to as ;
said tectinony. '
secking work product. ifithout waiving any objections, TO!i has conducted no such studies. ;
- 23. Idontify all studies conducted during the last five years :
concerning tho availability and possible use of sirens and other >
means of emergency communication to the public in the event of ;
energencies. Provide a copy of all such studios.
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- 23. T0!! has conducted no such studios. See answers to Interrogatories 1 and 22.
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- 24. Identify all studies conducted during the last five years concerning inproving the movement of traffic in the event of emergencies within the Scabrook Station EPZ which includes estimatos of the ' volume ofProvide traffic or the time within which a copy of all such studios.
traffic can be evacuated.
t i 24. Tott has conducted no such studies. Suo answers to
\ Interrogatories 1 and 22.
- 25. Identify all state and local laws anc regulations concerning i j
the following actions te be taken in the event of radiological or '
other emergoncios (s00 definition 4): (a) guiding traffic (2) blocking roadways, crocting barriors in roadways, and j channoling traff*cr (3) posting traffic signs on roadways; i (4) removing obstructions from public roadways, including towing
- private vehiclest (5) activating sirens and directing the
' broadcast of EDS' messagost (6) making decisions and !'
-are lendations to the public concerning protective actions; I sing decisions and reconnendations to the public concerning l i ,-
- ion actiona for the ingestion exposure pathwayst
- ' -. ting decisions and recommendations to the public concorning recovery and re-ontry (9) dispensing fuel from tank trucks to l
automobilos along roadsidos; and (10) performing accoas control i at the Emergency Operations Center, the relocation centerc, and
' the EPZ perineters.
I 25. See answer to Interrogatory 19.
2 's . Identify all studies perfern9d during the lost five years
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concerning the availability and possibla use of sirons and othur i
neans of emergoney communication to the public in the event of i
i energencios. provido a copy of all such studies.
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- 26. See answers to Interrogatory 1 and 22. tot 1 has conducted no such studies. TO!! incorporates by reference all information proffored by the Commonwealth concurning tiruns and airen contentions.
- 27. Identify all sirens or other means of emergency !
connunication in the Seabrook EPZ which can be heard by the !
general puulic. j
- 27. See answers to Interrogatories 1, 7 and 2G.
- 28. Identify all studies performed by Intervenors during the laat five years concerning planning for emergencies. Produce a ,
copy of all such studies.
- 20. See uaswer to Interrogatory 1.
Da, .d : September 1938 Dy: _
h c.V el/Machiroff Chairman Toil!I OF NEllDURY Board of Selectnen 2
CO'1710miEALTil OF ttASSACilVSETTS ESSEX, SS. September,2{1900 j ,
Then personally appeared the above-named Angelo flachiros and swore to the truthful uss of the foregoing statenents based upon f
. bis personal knowledgc, information 3 belief. -
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liotary Publie
!!y Commission E::pirco s August 7, 1992 .
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CERTIFICATE OF SERVICE rk'[
j I, R. Scott Ilill-Uhilton, Counsel for the Town of Newbury in ;
the above-entitled action, hereby certify that I have causgg gy 29 p2:34 copleo of the enclosed documents to be served upon the ,
persons at the addresses listed bslow, by first class, i
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.; postaga I d. - -
postage prepaid, prepaid, nail and by Federal Express, mail to those names which,f ' have .
- asterish. ,
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- Admin. Judge Ivan V. Snith
- Judge Gustavo A. Linenberger, Jr. !
1 Chairman, Atonic Safety and Atomic Safety and Licensing Board Licensing Doard U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i Washington, D.C. 20555 :
, *Dr. Jerry liarbour
- Docketing and Service
! Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission ,
U.S. Nuclear Regulatory Comnission 1717 11 Street u Washington, D.C. 20555 Hashington, D.C. 20555 j *Thonas G. Dignan, Esq. A.S.L.A.D. Panel l Ropes at.d Gray U.S. Nuclear Regulatory Commission !
I 5 225 Franklin Street Washington, D.C. 20555 Doston, MA 02110 i 7
Diane Curran, lis q . Stephen D'. Merrill, Esq.
liarron & Heiss Attorney General Suite 430 Office of the Attorney General Unshington, D.C. 20009 Concord, Nil 03301
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Sherwin E. Turk, Esq. Robert A. Backus, Esq. I Office of General Counsel NRC llG Lowell Street (
15th Floor, 1 Uhite Flint North P.O. Box 516 l Rockville, ilD 20052 !!anchester , Nil 03105 !
Philip Ahrens, Esq. Paul McEachern, Esq.
Asst. Attorney General Shaines & McEachern Office of the Attorney Ge.eral 25 tlaplewood Avenue l Augusta, ilE 04333 Portsmouth, Nil 03001 ;
l tir s . Sandra Guvutis The lionorable Gordon J. Ilunphrey (
Chairman United States Senate !
Poard nf Selectmen Washington, D.C. 20510 [
densington, Nil 03027 i f
f Ilt . Thomas Powers 11 . Joseph Flynn, Esq. t Town llanager Office of General Counsel 1 Town of Exeter Federal Emergency Management Agancy !
Exeter, Nil 03033 hashington, D.C. 20472 }
F (1)
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f Gary Helmos, Esq. Stephen Jonas, Esq.
Holmes & Ells Assistant Attorney General 47 Winnacunnet Road office of the Attornoy Gonoral l HaNpton, NH 03041 Boston, IIA 02100 Mr. Calvin A. Canney Charles P. Graham, Esq.
- City llanager Murphy and Graham City Hall 33 Low Street ;
Portsmouth, Hil 03001 Newburyport, MA 01950 ;
i Darbara Saint Andro, Esq. Mr. William Lord I;opelman & Paige Selectman i 77 Franklin Strout Board of Selectmon !
Boston, liA 02110 Aricabury, 11A 01913 -
, Drentwood Doard of Selectmen Richardk.Hampe, Ecq.
RFD Dalton Road Hampo &' tieHicholas Br entwood , 1111 03033 35 Pleasant Street Concord, Hit 03301 fir . Robert Carrig, Chairman Judith tiizner, Esq.
Board of Solectmen 79 Statu Street i
Town Office Newburyport, MA 01950 l'or th Hanpton, Nil 03062 Robert R. Pierce, Esq. Mr. Richard R. Donovan Atomic Safety and Licensing Federal Emergency 11anagement Agency Board Panel Federal Regional Center -
U.S. 11uclear Regulatory Comm. 130 220th Street, S.U.
Washington, D.C. 20555 Dothell, Washington 98021-9796 i 1
Signed under soal this 20th day of Septenbor, 1900. j q k'k II Y fy%-
R. Scott Ilill-Uhilton l t
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(2) ;
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