ML20155G863

First Set of Interrogatories & Requests for Production of Documents Re State of Nh Radiological Emergency Response Plan.Related Correspondence

ML20155G863
Person / Time
Site:	Seabrook
Issue date:	04/30/1986
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Federal Emergency Management Agency
Shared Package
ML20155G834	List: ML20155G830 ML20155G853 ML20155G857 ML20155G863 ML20155G870
References
OL, NUDOCS 8605070165
Download: ML20155G863 (5)

Text

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'S?5?ND UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I-5 Ay ,737 BEFORE TIIE ATOMIC SAFETY AND LICENSIN KD - . . . . , ,

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Public Service Company of New )

flampshire, et. al. ) Docket Nos.

) 50-443, -444 1 (Seabrook Station, Units 1 and 2) ) ()

(hb7 NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR THE PRODUCTION OF DOCUMENTS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY CN NEW HAMPSHIRE RADIOLCGICAL EMERGENCY PESPONSE PLANS Al' t ho ug h the Federal Emergency Management Agency ( " FEMA") is not technically a party to this proceeding, it plays a major role in the review ano litigation of the emergency planning process.

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9 The Nuclear Regulatory Commission's ("NRC's" or "Co mmi ss ion 's " ) -

regulations require it to rely on FEMA for its own findings regarding the adequacy of emergency planning and prepareoness. 10 C.F.R. 50.47(a)(2). FEMA's findings constitute " rebuttable presumptions" in NRC proceedings. Id. A 1980 Memorandum of Understanding between FEMA and the NRC further requires FEMA to I "take the lead in offsite emergency planning and review and assess State and local emergency plans for odequacy." 4 5 Fed.

! Reg. 82713 (December 16, 1980)." Id. The Memorandum of Understanding also provides that FEMA will make expert witnesses available in NBC prnceedings, including discovery proceedings.

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In light of FEMA's central role in the litigation of emergency planning at Seabrook , d iscovery of FEMA's position on the issues raised in this litigation and the basis for its position, including documents and experts it relies on, is essential to meaningful participation by the New England Coalition on Nuclear Pollution in this case. Theref ore NECMP directs these interrogatories to FEMA. Since the Commission 13 responsible for presenting FEMA's testimony, the interrogatories are being served on the NRC for referral to F EMA.

INSTRUCTIONS FOR USE The following interrogatories are to ce answered in writing and under cath by an employee, representative or agent of FEMA with per sonal knowl edge o f the facts or information reauested in each interrogatory.

The following definitions shall apply to these interrogatories:

1. " Document" snall mean any written or graphic matter of communication, however produced or reprocuced, and is intended to be comprehensive and include without limitation any and all correspondence, letters, telegrams, agreements, notes, contracts, instructions, reports, demands, memoranda, data, schedules, notices, work papers, recordings, whether electronic or by other means, computer data, computer printouts, photographs, microfilm, microfiche, charts, analyses, intra-corporate or intra-office communications, notebooks, diaries, sketches, d iagrams , forms, manuals, brochures, lists, publications, drafts, telephone

3 minutes, minutes of meetings, statements, calendars, journals, orders, confirmations and all other written or graphic materials of any nature whatsoever.

2. " Identify" with respect to any document shall mean to state the following respect ing the document: its title, its date, the author of the document, the person to whom the document was sent, all persons who received or reviewed the documenc, the substance and nature of the document, and the present custodian of the document and of any and all copies of the document.

3. " Identify" w ith respect to any action or conduct shal!

mean state the following regarding any such action or conduct:

the person or persons proposing and taking such action; the date such action was proposec and/or taken; all persons with knowledge or information about such action; the purpose or proposed effect N

of such action; any document recording or documenting such action.

4. "Cescribe" with respect to any action or matter shall mean state the following regarding such action or matter: the substance or nature of such action or matter; the persons participating in or having knowledge of such action or matter; the current and past business positions and addresses of such persons; the existence and location of any and all documents relating to such action or matter.

1. With respect to each contention and subpart thereof admitted by the Licensing Board's order of April 1, 1986, please provide the following information:

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a. What is FE1A's position with respect to each contention and its subparts? Describe in detail the reasons for your position. Identify any relevant portions of the state and local plans that are under revision or which the state expects to change at any time in the future.

b. Identify and provide access to all documents on which you rely during this proceeding to support your position on each of these contentions. This includes all documents used in answers to these interrogatories, summary disposition motions, testimony, and cross-examination of witnesses during hearings.

d. Identify all persons on whose factual knowledge, opinions, or technical expertise you rely for your position on each contention and subpart thereof.

c. Identify all persons you may call as witnesses on each of these contentions during these proceedings; describe tne substance of thai: testimony; and identify and describe any documents and the portions thereof that they may rely on for their testimony.

2. Identify and provide access to all documents in which FEMA or its contractors has assessed the adequacy of the state and local emergency plans with respect to any of the issues admitted for litigation by the Licensing Board's order of April 1, 1986.

-S-Respectf ully submi tted,

"'- Diane Curran IIARMON & WEISS 2001 S Street, N.W.

Su ite 430 Washington, D. C . 20009 (202) 328-3500 3

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