ML20197G757

Response to New England Coalition on Nuclear Pollution 860430 First Set of Interrogatories & Requests for Production of Documents Re State of Nh Radiological Emergency Response Plans.Related Correspondence

ML20197G757
Person / Time
Site:	Seabrook
Issue date:	05/13/1986
From:	Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION
Shared Package
ML20197G761	List: ML20197G757 ML20197G784
References
CON-#286-135 OL, NUDOCS 8605160390
Download: ML20197G757 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M gY37)I $ , e,

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BEFORE THE ATOMIC SAFETY AND LICENSING \OARD ,+y, ,

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL NEW IIAMPSHIRE, et al. ) 50-444 OL

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(Seabrcok Station, Units 1 and 1) )

NRC STAFF'S RESPONSE TO NECNP'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR TIIE PRODUCTION OF DOCUMENTS TO THE NRC ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLANS The NRC Staff (" Staff") hereby submits its responses to "New England Coalition on Nuclear Pollution's First Set of Interrogatories and Requests for the Production of Documents to the Nuclear Regulatory Comraission on the New Hampshire Radiological Emergency Response Plans,"

filed April 30, 1986. 1 Interrogatory I With respect to each contention and subpart thereof admitted by the Licensing Board's order

-1/ The Staff notes that the filing of interrogatories to be answered by the Staff is governed by the procedures set forth in 10 C.F.R.

I 2.720(h)(2)(ii), rather than 10 C.F.R. I 2.740, and that NECNP has not demonstrated any attempt to comply with those provisions.

Nonetheless , the Staff has undertaken to provide these discovery responses voluntarily, according to the schedule established by the Board, as if the Staff was subject to 10 C.F.R. I 2.740. Simi-larly, without waiving the applicability of 10 C.F.R. I 2.741(e),

the Staff has undertaken to respond voluntarily to these document requests except as objected to herein.

8605160390 860513 3 q DR ADOCK 0500

e 4 of April 1, 1986, please provide the following information: .

a. What is the NRC's position with respect to each contention and its subparts? Describe in detail the reasons for your position. .

b. Identify and provide access to all documents on which you rely during this proceed-j ing 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-exam-

) ination of witnesses during hearings, i

, (c]. Identifv all persons on whose factual

. knowledge, opinions , or technical expertise you rely for your position on each contention and subpart thereof.

) [d}. Identify all persons you may call as

, witnesses on each of these contentions during I these proceedings; describe the substance of their i testimony; and identify and describe any documents and the portions thereof that they may rely on for their testimony.

! Staff Response to Interrogatory 1

a. To date, the Staff has not developed any positions with respect to the merits of the admitted contentions or their subparts. The Staff 1

notes that the admitted contentions relate to offsite emergency planning

, and preparedness matters which, under a Meriorandum of Understanding

between the Nuclear Regulatory Commission , and the Federal Emergency 1

i Management Agency (FEMA), are within the scope of FEMA's review. The i

Staff is not in possession of information, nor has the Staff developed a position, concerning the adequacy of the New Hampshire Radiological ,

Emergency Response Plan within the scope of the admitted contentions, which is different from the position and/or the information in FEMA's f possession.

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b. Sea Answer to Interrogatory 1(a), above.

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c. See Answer to Interrogatory 1(a), above.

d. To date , the Staff has not identified any persons whom it intends to call as witnosses or upon whose testimony it might rely in this proceeding , concerning the admitted offsite emergency planning contentions , apart from those persons who may be identified or called as witnesses by FEMA.

I Interrogatory 2 Please identify and provide access to all docu-ments not identified in response to interrogatory (1)(b) that evaluate or discuss the adequacy of emergency planning and preparedness with respect to any of the issues admitted for litigation by the Licensing Board's order of April 1, 1986.

Staff Response to Interrogatory 2 The Staff is not in possession of documents concerning the adequacy of the New Hampshire Radiological Emergency Response Plan, within the i scope of the admitted contentions, apart from those documents which are l in FEMA's possession. In its response to NECNP's interrogatories, filed I

i simultaneously herewith , FEMA has identified certain documents which 4 relate to these matters, copies of which will be reproduced and trans-1 4

mitted by the Staff to NECNP and the other parties to this proceeding.

Except as to those documents , the Staff objects to this interrogatory 4

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on the grounds that the requested information should be readily available from the Applicants, FEMA, or the State of New Hampshire. See 10 C.F.R.

I 2.720(h)(-2)(ii) . 2,/ \

Respectfully submitted.

'L b[k Sherwin E. Turk Deputy Assistant Chief

! Hearing Counsel Dated at Bethesda, Maryland this 13th day of May,1986 i

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Insofar as the Staff objects to the instant interrogatories, the

! Staff hereby requests that the Licensing Board issue a protective order pursuant to 10 C.F.R. I 2.740(c) that further discovery with respect to these matters not be had.

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J UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL NEW HA?1PFHIRE, et al. ) 50-444 OL

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(Seabrook Station, Units 1 and ?) )

AFFIDAVIT I, DONALD J. PERROTTI, being duly sworn, hereby state that I am employed as Emergency Preparedness Specialist, Emergency Preparedness

Brarch. Division of Emergency Preparedness and Engineering Response, in the Office of Inspection and Enforcement, Nuclear Regulatory Commission.

The information reflected in the Staff's responses to interroga-tories 1 and 2, contained in the "NFC Staff's Response to NECNP's First Set of Interrogatories and Requests for the Production of Documents to i the Nuclear Regulatory Commission on the New Ilampshire Radiological Emergency Response Plans," attached hereto, is true and correct to the best of my knowledge, information and belief.

. dea'9&utC Donald J. Perrotti Sworn to and subscribed before me this 13th day of May,1986.

j h( akYNotary Public

$4h My Commission expires:

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