ML20155H318

Commonwealth of Ma Atty General Supplemental Responses to Applicant First Set of Interrogatories.* Certificate of Svc Encl.Related Correspondence

ML20155H318
Person / Time
Site:	Seabrook
Issue date:	10/07/1988
From:	Talbot P MASSACHUSETTS, COMMONWEALTH OF
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
Shared Package
ML20155H316	List: ML20155H311 ML20155H318
References
OL, NUDOCS 8810200007
Download: ML20155H318 (11)

Text

- -

T' -

t 00CKE7 NUMBER PROD. & UTIL FAC. YU

( ,

gyEO CORRgs@ PDM 3 D0j.giEO UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

• 2 OCT 11 PS :03 ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges: y[$. m, Ivan W. Smith, Chairman c. d " -

Gustave A. Linenberger, Jr.

Dr. Jerry Harbour

)

'In the Matter of )

) Docket Nos. 50-443-OL-1 PUBLIC SERVICE COMPANY )' 50-444-OL-1 OF NEW HAMPSHIRE, EI AL. ) (Off-Site EP)

)

(Seabrook Station, Units 1 and 2) ) October 7, 1988

)

MASSACHUSETTS ATTORNEY GENERAL'S SUPPLEMENTAL RESPONSES TO APPLICANT'S FIRST SET OF INTERROGATORIES 1Dterrocatory

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 person (s). If the source is one or more documents, identify and produce the document (s);

8010200007 001007 PDR ADOCK 05000443 0 PDR J

(c) Identify any expert witness who is to testify concerning the contention, and ttate the substance el the facts, opinions, and groundr for opinior.s to which the expert is expected to testify; (d) Identify any non-expert witness who is tes testif)-

concerning the contention and state the substance of the facts to which the witness is expected to testify; and (e) Identify and produce any documents which reflect or refer to any type of study, calculation or analysis bearing upon the substance of the contention.

Additional _ Responses Facts underlying the Joint Intervencr ("JI") contentions are set forth in the contentions and bases originally filed by parties to this action. The Applicants have requested additional information pertaining to specific assertions contained in certain contentions. Where a particular original basis is the focus of the response, it is designated parenthetically after the JI contention being discussed. Whore applicable, the Massachusetts Attorney Grneral ("Mass AG") has indicated that additional information is presently being gathered.

m

. Se JI 2B (MAG 39J, K)

During the NHRERP hearings, Dr. Thomas Adler and Dr.

Avishai Ceder, expert witnesses for the Mass. AG, testified that the NHRERP'c ETEs were based on incorrect assumptions concerning the rate at which cats will flow through roads, intersections, and ramps used to evacuate from the NH EPZ. Dr.

Adler is r.ow conferring directly with Mr. Lieberman of KLD Associates to learn whether any changes have been made in these assumptions in the calculation of the ETEs for vehicles evacuating from the Massachusetts EPZ. If no changes have been made, then the previous testimony of Drs. Adler and Ceder on this issue underlie the assertion contained in JI 28. If changes have been made, we will have to analyze what those changes are. No determination has yet been made to call any expert or non-expert witnesses to support this contention / basis. Testimony whica specifically dealt with discharge headway, road, inter.=ection and ramp capacities has already been produced.

JI 2D (MAG 390; T0A 4(K))

During the NHRERP hearings Dr. Thomas Adler and Dr. Avishai l Ceder testified that the NHRERP's ETEs were inaccurate because i they were calculated by the IDYNEV model using overly optimistic assumptions about the traffic flow rates over a grassy median and up the I-95 ramps at this intersection.

l  :

.e.

r.

While the traffic control diagram for this intersection has now been reconfigured using a U-turn movement, it remains to be seen what flow rates were used for vehicles traveling up these ramps and through this intersection. We believe that the flow rates used for this intersection in calculating the Massachusetts ETEs are overly optimistic. Dr. Adler is cutrently conferring with Mr. Lieoerman on this issue, and after assessing the latest IDYNEV runs he will advise us whether there are sufficient facts to support this contention / basis.

JI 2E Towns in the EPZ host certain special event days (ie:

Newburyport Homecoming; Sallsbury Pro Beach Volleyball Tournament) which result in a significant increase in members 4 of the transient population and traffic. The ETEs do not take these days into account. The Mass. AG is in the process of gathering additional information pertaining to the number and

type of special events in the EpZ. No experts or witnesses d

have been identified to testify on this contention.

~

JI 2F (MAG 39AA)

Vehicles will be blocked et all intersections at which this strategy is employed.

4

JI 4A Dr. Adler testified as to these matters during the NHRERP processing.

JI 19 (MAG 31; MAG 56F)

On the evening of March 12, 1988, a serious fire broke out in Seabrook, New Hampshire in a chemical warehouse on Route 1, very close to Seabrook Station. The warehouse was leased by the Aesar Division of Johnson Mathey Inc., a chemical supply firm. The plume of smoke generated by the fire was thought to contain various hazardous chemicals and metals stored in the ,

r warehouse, some of which were radioactive. Seabrook emergency responders evacuated an area downwind, but when the wind  ;

J suddenly shifted nearly 180 degrees from a westerly to an  ;

easterly direction, the residents of the Adams Village Timber Parks were hit with the plume and they too had to be evacuated. The sources of these facts include Kevin Pacos, the Administrative Assistant to the Seabrook Selectmen, and Ernie 1 i Daniels, a resident of Adamn Village, both of whom spoke at a public hearing on March 23, 1988, at the Seabrook Community Center. Some of this information was also contained in I i

1 newspaper accounts, e.g., the article on p.52 of the Boston j Globe, March 20, 1988.

Additional support for this contention is found in the

. Affidavit of Governor Dukakis, April 28, 1987, discussing, 3

intel _alia, expert opinion of Dr. Albert Carnesale regarding

, i

e.

wind and weather conditions at Seabrook. No experts or other witnesses have yet been selected to testify concerning this contention.

JI 22 No direct formal communications between local officials and the Mass. AG's traffic consultants have taken place.

JI 26C and E.

The SpMC has been amended (Amendment 5) to include an Incestion Pathway Data Base (Appendix L) which contains information on food and milk producers and processors. The I

Mass. AG no longer wishes to litigate JI 26C and E and hereby withdraws these bases.

JI 30 The Mass. AG is in the process of gathering additional facts regarding commercial telephone usage and is negotiating  !

to obtain expert assistance with regard to this contention. No ,

l expert or other witnesses have yet been selected to testify. (

l JI 39 (MAG 24C) -

The Mass. AG is seeking information regarding distribution of pre-emergency information to members of the special needs population. The SpMC demonstrates no methodology, nor is there any indication that any effective means have been considered, l

I 1

m ~

Preliminary inquiries have also indicated that some schools in the EPZ are inadequate for sheltering school children. The Mass. AG is planning a more detailed survey. No expert or other witnesses have been selected to testify on this contention.

JI 50 Preliminary inquiries indicate that identification of and planning for certain special facilities in the EPZ has been omitted. For example: DSS home for women in transition (Amesbury); flortheastwood Nursing Home (Amesbury); DPH half way house for substance abusers (tiewbu rypo r t ) . The Mass. AG is in the process of gathering additional facts regarding both the ohiission of special facilities and the inadequacy of protective measures pertaining to such facilities,  !!o expert or other witnesses have been selected to testify on this contention.

Respectfully submitted, JAMES M. SHAllfl0!1 ATTORt1EY GE!1ERAL COMM0!iWEALTil 0F MASSACHUSETTS I [

By: _ <_3__ h. U_ __ .

Pamela Talbot Assistant Attorney General fluclea r Saf ety Unit l One Ashburton Place l Boston, Massachusetts 02108 j 617-727-2200 Date: October 7, 1988 I

I t

• +

UllITED STATES OF AMERICA N 'J Eir

.n llUCLEAR REGULATORY COMMISSION

'88 Q:T 11 P5 :03

.m _

) Do . - ,.' ,

In the Matter of

)

)

PUBLIC SERVICE COMPAtlY OF ) Docket tio.(s) f1EW HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) (Off-site EP)

)

)

CERTlE1CATE.SE. SERVICE I, John Traficonte, hereby certify that on October 7, 1988 I made service of the within MASSACHUSETTS ATTORtlEY GE!1ERAL'S FIRST SET OF IllTERROGATORIES TO APPLICAt1TS ON THE SEABROOK PLAtt FOR MASSACHUSETTS COMMUllITIES and MASSACHUSETTS ATTOR!iEY GEllERAL'S ADDITIO!1AL RESPO!1SES TO IllTE'AROGATORY t1 UMBER SIX, by First Class Mail or by Hand Delivery as indicated by [al, to the following parties:

Sherwin E. Turk, Esq. Docketing and Service U.S. Pluclear Regulatoty Commission U.S. tiuclear Regulatory Commission Office of General Counsel Washington, DC 20555 '

15th Floor 11555 Rockville Pike Rockville, MD 20852 Ivan Sm.th, Chairman d

Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. 13uclear Regulatory U.S. tiuclear 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 Dr. Jerry Harbour Robert R. Pierce, Esq.

Atomic Safety & Licensing Board Atomic Sat'ety & Licensing Board U.S. Iluclear Regulatory U.S. 11uclear Regulatory Commission Commission East West Towers Building East West Towers Du11 ding 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 R

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 and 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 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Port.smouth, NH 03801 Washington, DC 20555 Matthew T. Brock. Esq. 1 P. Nadeau Shaines & McEachern ,oard of Selectmen 25 Maplewood Avenue 10 Central Road P.O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Sandra navutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Dani11 Street Kensington, NH 03827 Portsmouth, NH 03801 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 M yor Concord, NH 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. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq. Ellyn Weiss, Esq.

Assistant Attorney General Harmon & Weiss Departmer.t of the Attorney Suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 2n009 Augusta, ME 04333 aThomas G. Dignan, Esq. Richard A. Hampe, Esq.

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

209 Winnacunnet Road 376 Main Street Hampton, NH 03842 Haverhill, MA 01830 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town ot Exeter Jewell Street, RFD 2 10 Front Street South Hampton, flH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson B0ard of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, llH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director 1110 Wimbledon Drive Town of Brentwood McLean, VA 22101 20 Franklin Street Exeter, NJ 03833 ao .

I l

i Charles P. Craham, Esq. Barbara St. Andre, Esq.

Murphy & Graham Kopelman & Paign, P.C.

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

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

& McGuire & McGuire 79 State Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950 John Traficonte Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED: October 7, 1988 4

4 .

a