ML20205D740

Applicant Interrogatories & Request for Production of Documents to All Intervenors & Participating Local Govts Concerning Joint Intervenor Contentions 6 & 27-63.* W/Certificate of Svc.Related Correspondence

ML20205D740
Person / Time
Site:	Seabrook
Issue date:	10/14/1988
From:	Trout J PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	AMESBURY, MA, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NEWBURY, MA, SEACOAST ANTI-POLLUTION LEAGUE
References
CON-#488-7340 OL, NUDOCS 8810270197
Download: ML20205D740 (96)

Text

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'88 OCT 24 P3 :24 October 14, 1988 cr:

UNITED STATES OF' AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD CP

)

In the Matter of )

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

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues

)

)

APPLICANTS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO ALL INTERVENORS AND PARTICIPATING IDCAL GOVERNMENTS CONCERNING JOINT INTERVENOR CONTENTIONS 6 AND 27-63 Pursuant to 10 C.F.R. 55 2.740b and 2.741, Applicants hereby request that the Attorney General for the Commonwealth of Massachusetts ("Mass AG"), the New England Coalition on Nuclear Pollution "NECNP") , the Seacoast Anti-Pollution League ("SAPL"), the Town of Amesbury ("TOA"), the Town of Newbury ("TON"), the City of Newburyport ("CON"), the Town of Salisbury ("TOS"), the Town of West Newbury ("TOWN"), the City of Haverhill ("COH"), and the Town of Merrimac ("TOM")

(hereinafter collectively "Intervenors") respond to the

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[ l following interrogatories, and produce for inspection and copying the documents requested below.

These interrogatories and requests directly address the assertions made by Intervenors in Joint Intervenor Contentions 6 and 27-63. Since several of the Intervanors have indicated that they intend to litigate only certain Contentions, those Intervenors need not respond to questions concerning those contentions that they have stated they will not litigate (unless their intentions have changed). Egg infra nn. 1-34.

Mass AG and NECNP, however, have stated that they intend to litigate all Contentions, and so should answer all questions. Discussions with counsel for ToA have clarified that TOA presently intends to take discovery as to all contentions. In light of tuac fact, TOA should answer all questions. Finally, COH and TOM have refused to state their intentions, and so should answer all questions.

The production of the documents requested herein (or copies thereof) shall take place at the offices of Ropes &

Gray, 225 Franklin Street, Boston, Mast 4achusetts, at 10 a.m.

on Tuesday, November 15, 1988.

DEFINITIONS AND INSTRUCTIONS

1. The term "document" is defined to be synonymous in meaning and equal in scope to the usage of the term v

"documents and tangible things" in Federal Rule of Civil Procedurs 34(a), and therefore shall include, without limitation, any written or otherwise recorded information.

2. To "identify" a document means to either (a) state the author, date, title, addressee (s), and subject matter of each individual document; or (b) if a request calls for the identification of more than twenty documents similar in subject matter, and those documents are also being produced, list the subject matter categories of documents, indicating the number of responsive documents in each category.

3. To "identify" a person other than an expert witness means to state the person's full name, title, business address, af filiation, and professional qualifications (if any). To "identify" an expert witness means to state, in addition to the foregoing:

(a) the profession or occupation and field (s) of expertise of the person; (b) the educational and specialized training history of the person, including date and granting institution of all degrees earned; (c) a list of publications by the person in the area (s) of expertise; and

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(d) the age of the person and the amount of time the person has worked in the field of expertise.

4. If any of the interrogatories or document production requests contained herein are claimed to be objectionable, then please identify the portion (s) to which objection is made and the portion (s) to which answer or production is made.

5. If it is claimed that any document responsive to any request is privileged, please fully identify each privileged document in accordance with Instruction 2(a) above.

6. If any document required to be identified or produced in these answers has been destroyed, please identify the document, state the date of its destruction, identify the person responsible for ordering destruction, state the purpose of destruction, and (if applicable) produce any document retention policy that governed or should have governed the retention or destruction of the document.

7. "SPMC" means the most current update of the Seabrook Plan for Massachusetts communities, and all appendices, amendments, and attachments thereto.

8. The "Massachusetts EPZ" means the Massachusetts portion of the Emergency Planning Zone for Seabrook Station and 4_

consists of Amesbury, Merrimac, Newbury, Newburyport, Salisbury, and West Newbury.

9. The term "contention" is defined to include the complete text of the contention itself and all bases and sub-bases thereto.

10. Except for Interrogatories 1-3, all the interrogatories and requests which follow are grouped according to the Joint Intervenor Contention to which they refer. In case of doubt as to the intended scope of an interrogatory or request, it should be assumed that the request or interrogatory encompasses all information and material within the scope of the referenced contention.

INTERROGATORIES AND REOUESTS FOR PRODUC"TION

1. Please produce all analyses, studies, and reports bearing on any and/or all of the factual issues raised in Joint Intervenor Contentions 27-63.

2. In each case where one of the following interrogatories asks for "all the facts" or "all the facts, estimates, and observations," please also identify the person (s) and/or documents that are the source (s) of those facts, estimates, and/or observations, and produce all documents that reflect, concern, refer or pertain to any and/or all of those facts, estimates, and observations.

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3. Please identify the person (s) answiring or substantially contributing to the answer to each of the following interrogatories. Please also identiff all persons consulted, and identify and produce all communications and documents consulted and/or relied upon, in answering each interrogatory.

AS TO JI CONTENTION 61

4. Please describe in detail, and produce all documents that reflect or refer to, the responsibilities of the Morrimack River Harbormaster with respect to boaters in distress on the Merrimack River. Please also describe in detail, and produce all documents that describe or refer to, the resources available to the Harbormaster for use in assisting boaters in distress on the Merrimack River.

5. Please identify all state and municipal agencies and personnel, other than the Merrimack River Harbormaster, having a responsibility to assist beaters in distress on the Merrimack River. Please describe in detail, and produce all documents that describe or refer to, the resources available to those state and municipal 1 The following Intervenors have indicated that they do not intend to litigate JI Contention 6, and so do n21 need to respond to these further questions concerning it (unless their intentions have changed): SAPL; TON: CON; TOWN.

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agencies and personriel for use in assisting boaters in distress on the Merrimack River.

AS TO JI CONTENTION 272

6. Please state all the facts underlying Intervenors' assertion that "the liaisons fail to establish any organizational or communicational link betwoun the ORO and the local organization (sic) which are relied upon to perform certain emergency activities," and list cll of those "certain emergency activities."

7. Please state all the facts underlying Intervenors' assertion that "other EPZ towns will not be able to provide such assistance."

8. Please describe in detail, and produce all documents that reflect or refer to, all mutual aid and all Hazmat Division agreements which exist to support law enforcement, fire and rescue, and/or snow removal capabilities in Amesbury, Merrimac, Newbury, Newburyport, Salisbury, and West Newbury, including (but not limited to) any agreements under which support is available from any other municipal, county, state, and/or federal source.

2 The following Intervenors have indicated that they do not intend to litigate JI Contention 27, and so do nat need to respond to the questions concerning it (unless their intentions have changed): SAPLt TON CON; TOS; TOWN.

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9. Please describe in detail all the "particular problems of security, public health, timely evacuation and emergency-specific rescue needs" that Intervenors assert differ from those met by "normal emergency functions,"

and define "normal emergency functions." Please also state all the facts underlying your answer.

10. Please list all of the "emergency responsibilities of police, fire and rescue agencies during a radiological emergency" that Intervanors assert the SPMC "has not adequately identified," and define "adequately." Please also state all the facts underlying your answer.

11. Please identify all "local emergency workers or officials" whom Intervenors assert would, in the event of an actual radiological emergency, "desire to participate in an ad h2s fashion" rather than engage in a planned response. State all the facts underlying your answer.

12. Please describe in detail all of the "particular established routines existing in these (Massachusetts EPZ) communities for response to emergencies" that Intervenors assert the SPMC "totally ignores", and state, for each such routine, whether the routine would be followed in the event of a radiological emergency at Seabrook Station. Please also state all the facts underlying your answer.

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13. Please state all the facts underlying Intervenors' assertion that "none of the supporting organizations will be informed as to who has control and command over any particular portion of the response," and define "supporting organizations."

14. Please describe in detail how, why, and in accordance with what criteria the Commonwealth would withhold authorization as to some but not other "emergency response activities" by ORO, as asserted by Intervenors in JI Contention 27 Basis F. Please also state all the facts underlying your answer.

15. Please define "effective planning" as used in JI Contention 27 Basis G.

16. Please list all "necessary New Hampshire personnel,"

within the meaning of JI Contention 27 Basis G, and state all the facts underlying your answer.

17. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intarvenors' assertion that "at an organizational level, the SPMC fails to adequately establish and define the relationships between the ORO and other organizations which are expected and relied upon to perform emergency response activities," define "adequately", and list all "other organizations" which Intervenors assert are "relied upon to perform emergency response activities."

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18. Please state all facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC does not adequately provide for effective coordination of effort between or clearly delineate the primary responsibilities of these other organizations and the ORO," and defino "adequately", "effective", "clearly",

and "primary".

AS TO JI CONTENTION 283

19. Please state all the facts underlying Intervanors' assertion that "the personnel not scheduled to be on shift will not have their pagers on."

20. Please state all the facts underlying Intervenors' assertion that there are "no back-up personnel at critical positions of the ORO for Stag'a 2", and list all such "critical positions."

AS TO JI CONTENTION 29 No questions.

3 The following Intervenors have indicated that they do not intend to litigate JI Contention 28, and so do ngt need to respond to the questions concerning it (unless their intentions have changed): SAPL; TON; CON; TOS; TOWN.

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AS TO JI CONTENTION 304

21. Please state all the facts underlying Intervanors' assertion that "commercial telephone lines will be and should be assumed to be overloaded shortly after the onset of an accident at Seabrook," and define (with quantification) "shortly".

22. Please state all the facts, other than those discussed in response to the preceding interrogatory, underlying Intervenors' assertion that "the SPMC relies too heavily on commercial telephone links for critical and essential emergency communications."

AS TO JI CONTENTION 315

23. Please describe in detail all the specific purposes for which Intervenors assert that ORO "emergency field personnel" need a "lateral network of communications directly linking" them to each other, and identify all "emergency field personnel" whom Intervenors assert have that need. Please also state all the facts underlying your answer.

4 The following Intervenors have indicated that they do not intend to litigate JI Contention 30, and so do D9.1 need to respond to the questions concerning it (unless their intuntions have changed): SAPL; TON T03.

5 The following Intervenors have indicated that they do not intend to litigate JI contention 31, and so do Det need to respond to the questions concerning it (unless their intentions have changed): SAPL; TON; CON; TOS; TOWN.

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24. Please state all the facts underlying Intervenors' assertion that "the failure to prmride a lateral communications system" will result in "delay, miscommunication and gaps in the communications network."

AS TO JI CONTENTION 326

25. Were Massachusetts state and/or local government officials contacted by the FCC concerning any NHY-ORO application for use of the State and local government emergency radio frequencies referred to in JI Contention 32? If so, please describe in detail, and produce all documents that reflect or refer to, any and/or all such contacts. This description should include, but not be limited to:

(a) the identity and title of all state and local officials contacted; and (b) the statenents made by each state and local official to the FCC in response to the FCC's inquiry.

26. Picase describe in detail how the following would 6 The following Intervenors have indicated that they do not intend to litigate JI Contention 32, and so do D21 need to respond to the questions concerning it (unless their intentions have changed): SAPL; TON; CON; TOS.

normally communicate emergency information to Massachusetts state and/or local government entities:

(a) Massachusetts businesses and private citizens; (b) other Massachusetts state or local government entities; (c) government entities of oth9r states; (d) businesses and private citizens of other states; (e) the federal government, and all agencies thereof.

If Intervenors assert that the answer varies depending upon the nature of the emergency, then each type of emergency should be described separately. Please also state all the facts underlying your answer. If a communications network is used, produce all documents that describe, reflect, or refer to t.iat network.

27. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the ORO has no access to emergency radio frequencies used by state and local agencies."

28. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the ORO has . . . no alternative to thosk means of communication."

AS TO JI CONTENTION 337 I

29. Please describe in detail the factual and regulatory basis (if any) for Intervenors' assertion that "insufficient provisions exist for verification of the Massachusetts Governor's authorization of ORO to activate and broadcast over the EBS, and define "insufficient". Please also state all the facts underlying your answer.

30. Please state all the facts underlying Intervenors' assertion that "in the event of a radiological incident, l NHY has an interest in minimizing the public perception that the plant is a source of danger."

31. Please describe in detail all instances in which any Massachusetts EBS station was activated by a non-governmental entity. This description should include, ,

but not be limited to:

(a) the date of each instance; (b) the identity, business address, and business I

telephone number of each EBS station activated in i each instances (c) the identity of the non-governmental entity that requested EBS activation in each instance; 7 The following Intervenors have indicated that they do not intend to litigate JI Contention 33, and so do n21 need to respond to the questions concerning it (unless their intentions have changed)! SAPL; TON; CON; TOS; TOWN.  !

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a (d) a detailed description of all procedures (if an ')

used to "verify authorization", for each station in each instance; and (a) the reason (s) for activation in each instance.

Please also produce all documents that reflect or refer to any and/or all such instances.

32. Please state all the facts, other than those discussed in the response to the preceding interrogatories, and describe in detail the regulatory basis (if any),

underlying Intervenors' assertion that "federal EBS regulations . . . makes (sic) no provision for third party activation as envisioned oy the drafters of the SPMC."

AS TO JI CONTENTION 348

33. Please state all the "icts underlying Intervenors' assertion that "the procedures to be followed by the NHY Offsite Response EOC Contact Point in the event of an accident" are "far too complicated and time-consuming to be performed effectively by one individual," and define "effectively".

34. Please state all the facts underlying Intervenors' assertion that "experience as a security guard . . . is 8 The following Intervenors have indicated that they do not intend to litigate JI Contention 34, and so do n21 need to respond to the questions concerning it (unless their intentions have changed): SAPL; CON; TOS; TOWN.

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totally inappropriate" for the "NHY Offsite Response EOC Contact Point." Please describe in detail what "experience" and/or other "prerequisite" Intervenors assert would be necessary for that post, and state all the facts underlying that assertion.

35. Please state all the facts underlying Intervenors' assertion that "key ORO personnel . . . have no car phones or other means of communication during their mobilization period." Please also list all such "key ORO personnel", explain in detail why Intervenors assert that each one is "key", and state all the facts underlying your answer.

36. Please state all the facts underlying Intervenors' assertion that the "SPMC provides no adequate means of alerting, notifying and mobilizing key emergency personnel," and define "adequate", Please also list all such "key emergency peraonnel," explain in detail why Intervenors assert t. hat they are "key", and state all the facts underlying your answer.

37. Please identify all of the "private organizations and contractors expected to play emergency roles" whom Intervenors asser "are not themselves notified unless and until those ORO personnel responsible for such notification are first alerted and mobilized and arrive at the EOC." For each of these "private organizations 1

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and contractors", identify the "0RO personnel" whom Intervenors assert are "responsible for such notification." Please also state all the facts underlying your answers.

38. Please state all the facts underlying Intervenors' assertion that the "SPMC provides no assurance that State and local government employees and those providing contract service to the State and local governments . . . will be adequately notified of an accident at Seabrook," and define "adequately."

39. Please state whether the Massachusetts comprehensive Emergency Response Plan includes the six communities of the Massachusetts EPZ. If not, explain in detail why I If so, describe in detail how "local government not.

employees and those providing contract service to the State and local governments" are notified of an emergency pursuant to that Plan. Please also state all the facts underlying your answers.

40. Please describe in detail the procedures utilized by the Massachusetts State Police to notify the six communities in the Massachusetts EPZ in emergency situations. Such description should include, but not be limited tos (a) all radio frequencies employed or available to be employed by the State Police for such notification; and

r (b) the telephone numbers of local police, fire, and emergency management organizations that would be contacted.

Please state all the facts underlying your answers, and produce the FCC licenses of all radio frequencies listed.

41. Please list the name, title, and business telephone number of all Commonwealth officials who would be contacted in the event of radiological emergencias at the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants. For each such official, describe in detail by whom, how, when, and under what circumstances she/he would be contacted. Please also state all the '

facts underlying your answers.

42. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the notification and mobilization of response organizations and personnel is ,

not adequate," and define "adequate."

AS TO JI CONTENTION 359 3

9 The following Intervenors have indicated that they do not intend to litigate JI contention 35, and so do n21 need to respond to the questions concerning it (unless their intentions have changed): SAPLt TON CON TOS; TOWN.

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43. Please identify every EBS message "prepared by the ORO" which Intervenors assert is "overly long", state for each message all the facts underlying the assertion that it is "overly long", and define "overly."

44. Please identify every EBS message "prepared by the ORO" which Intervenors assert is "misleading", and for each such message state all the facts underlying the assertion that it is "misleading."

45. Please identify every EBS message ' prepared by the OR0" which Intervenors assert is "confusing," and for each such message state all the facts underlying the assertion that it is "confusing".

46. Pleaso identify every EBS message "prepared by the ORO" which intervenors assert is "self-contradictory", and for each such message state all the facts underlying the assertion that it is "self-contradictory."

47. Please identify every EBS message "prepared by the ORO" which intervenors assert is "impossible to either broadcast or receive in the time available," state for each such message all the facts underlying the assertion that it is "impossible to either broadcast or receive in the time available," and define (with quantification)

"the time available."

48. Please identify every EBS message "prepared by the ORO" which Intervenors assert "ignore (s) important characteristics of the recipient public in Massachusetts and its response to a radiological emergency at Seabrook." For each such message, describe in detail the "important cParacteristics of the recipient public in Massachusetts and its response to a radiological emergency at seabrook" that Intervenors assert the message ignores. Describe in detail the role that state and/or local officials have played in fostering those alleged "important characteristics." Egg Memorandum and order (Rulina on Contentions on the Seabrook Plan For Massachusetts Comnunities) at 107 (July 22, 1988) (role of Commonwealth of ficials in fostering "an anticipatory disaster subculture"). Please also state all the facts underlying your answers.

49. Please state all the facts underlying Intervenors' assertion that the "SPMC makes no provision and provides no procedure for coordinating emergency messages with participating . . . state and local governments."

Please answer separately for each "participating . . .

state and local" government.

50. Please identify all "state and local governments" whom Intervenors assert fall in the category of "non-participating." Explain in detail exactly why and how Intervenors assert that Applicants are supposed to "coordinat[e] emergency messages" with each such government. Please also state all the facts underlying your answer.

51. PJease state all the facts underlying Intervenors' assertion that the "messages do not adequately address the issue of their source," and define "adequately."

Please also explain in detail what Intervinors assert "the issue of their source" is, and state all the facts ,

underlying your answer.

52. Please describe in detail, and produce all documents that reflect or refer to (including but not limited to all FEMA, RAC, and/or internal reviews and/or critiques), all EBS messages relied upon by the Commonwealth of Massachusetts for use in a radiological emergency at the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

53. Please state all the f acts underlying Intervenors' assertion that the "SPMC provides no adequate procedures for insuring that the emergency messages broadcast to i the public correlate with the messages and information provided to the media by the NHY ORO and other officials," and define "adequate", "insuring", and i

"correlate". Please also list all "other officials" within the meaning of JI Contention 35 Basis D, and describe in detail what "messages and information" each such official would "provide to the media."

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54. Please describe in detail, and produce all documents that reflect or refer to (including, but not limited to all FEMA, RAC, and/or internal reviews and/or critiques), all procedures for public information coordination to be used in connection with a radiological emergency at the Pilgrim, Vermont Yankee, and Yankee Rows nuclear power plants.

55. Please state all the facts underlying Intervenors' l

assertion that "no guidance or training is provided this individual on the essential components of an effective emergency message." Please state what Intervenors assert are all of the "essential components of an effective emergency message", define "effective", and state all the facts underlying your answer.

56. Please describe in detail, and produce all documents f that reflect or refer to, the "guidance or training . . . provided . . . on the essential components of an effective emergency message" relied  :

upon by the Commonwealth of Massachusetts for the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

57. Please state all the facts, other than those discussed i in response to the preceding interrogatories, underlying Inte rvenors ' assertion that the "emergency messages to ,

be utilized by the ORO in the event of an emergency at

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Seabrook are inadequate and will not be effective in communicating necessaty information to the public," and define "inadequate", "effectivc", and "necessary".

AS TO JI CONTENTION 3610

58. Please state all the facts underlying Intervenors' assertion that "no adequate procedures for coordinating the activities of the public information staff at the EOC and the personnel at the Media Center tre provided,"

and define "adequate".

59. Please state all the facts underlying Intervenors' assertion that "adequate procedures also do not exist for the coordination of the activities of Media relations representatives who will be communicating directly with the press by telephone," define "adequate", and identify all such "Media relations representatives."

60. Please describe in detail, and produce all documents that reflect or refer to, the "procedures for coordination with the news media" relied upon by the commonwealth of Massachusetts in the event of 10 The following Intervenors have indicated that they do not intend to litigate JI Contention 36, and so do net need to respond to questions concerning it (unless their intentions have changed): SAPLI TON; CON; TOS; TOWN.

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radiological emergencies at the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

61. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the "SPMC does not provide adequate procedures for coordination with the news media," and define "adequate."

AS TO JI CONTENTION 3711

62. Please state all the facto underlying Intervenors' assertion that "officials from the commonwealth will not be permitted" at the EOF and '40C.

63. Please state all the facts, other than those discussed in response to the preceding interrogatory, underlying  !

Intervenors' assertion that the "SPMC fails to provide i

adequate information and access to information at the i L

time of an emergency to those State and local l

governments which are not participating in emergency  ;

planning," and define "adequate". 1 l

t 11 The following Intervenors have indicated that they do not intend to litigate JI Contention 37, and so do nel need to respond to the questions concerning it (unless their intentions have changed) SAPLt TON: CONT TOSI TOWN.

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AS TO JI CONTENTION 3812

64. Please state all the facts underlying Intervenors' assertion that "no provision is made for the coordination of rumor control efforts by these sources,"

and identify every one of "these sources" with which Intervenors e.ssert "no provision is mai '." Please also define "coordination."

65. Please state all the facts underlying Intervenors' assertion that "without a centralized source of information, no rumor control will be ef fective," and define "effective."

66. Please state all the facts underlying Intervenors' assertion that the "0R0 itself will be unable to provide coordinated rumor control," and define "coordinated."

Please also define "develop a strategy" as used in MAG Contention 23 Basis B.

67. Please state all the facts, estimates, and observations underlying Intervanors' assartion that media briefings "should involve full use of experts and visual and graphic aids to convey technical information in an understandable manner," and define "should" and "full."

12 The following Intervenors have indicated that they do not intend to litigate JI Contention 38, and so do D21 need to respond to the questions concerning it (unless their intentions have changed): SAPLt TON CON: TOS; TOWN.

68. Please state all the facts underlying Intervenors' assertion that the "SPMC assigns public information personnel responuibilities without any guidance as to the manner in which those responsibilities are to be carried out," and define "guidance."

69. Please state all the facts, estimates, and observations underlying Intervenors' assertion that "information can not (sic) be effectively communicated to the public unless public information staff are (sic) fully informed of developments and have accass to technical experts capable of addressing areas of uncertainty," and define "effectively" and "access."

70. Please state all the facts, estimates, v,hs observations underlying Intervenors' assertion that "any plan which does not recognize the public's extraordinary appetite for information, and does not specifically assign a role in information preparation and dissemination to technicians and experts in (sic) inadequate," and define I "recognize", "specifically assign," "technicians",

"experts", and "inadequate."

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71. Please describe in detail, and produce all documents that reflect or refer to, the "procedures for rumor control during an emergency" relied upon by the Commonwealth of Massachusetts for ine Pilgrim, Yankee Rowe, and Vermont Yankee nuclear powcr plants.

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72. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying o .

Intervenors' assr; tion that the "SPMC provides inadequate procedures for rumor control during an emergency," and define "inadequate."

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73. Please state how many "thousands of transients who frequent the Massachusetts portions of the Seabrook '92" l Intervenors assert will not have "available to then either prior to or at the time of an emergency any information concerning the methods and times required

for notification, the protective actions planned, the l 1

nature and effects of radiation or a list of sources of  ;

i additional information," and define "available." Please l also state all the facts, estimates, and observations j i

underlying your answer.  :

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74. Please state all the facts, other than those discussed j in response to the preceding interrogatory, underlying Ictervanors' assertion that "plans and procedures for i

disseminating pre-emergency information is (sic) j l

. inadequate," and define "inadequate".

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A3 The following Intervenors have indicated that they do not intend to litigate JI Contention 39, and so do n21 need to respond to the questions concerning it (unless their  !

intentions have changed): SAPL; TON: CON: TOS; TOWN. j

75. Please state all the facts underlying Intervenors' assertion that "inadequate provisions have been made to insure that the special needs population receive.

necessary pre-emergency information," and define "inadequate," "special needs population", and "necessary". The definition of "special needs population" should include, but not be limited to, a list of all groups w>om Intervenors assert are part of the "special needs population."

76. Please describe in detail, and produce all documents that reflect or refer to (including but not limited to all FEMA, RAC, and/or internal reviews and/or critiques), the "pre-emergency information" relied upon by the commonwealth for the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants, including (but not limited to) the pre-emergency information" disseminated to the "special needs population" in the EPZ of each of those plants.

77. Please state all the facts underlying Intervanors' assertion that "the discussion of the health risks of radiation is inadequate and will confuse the reader as to the need for and proper circumstances of emergency response," and define "inadequate" and "confuse".

78. Please state all the facts underlying Intervanors' assertion that "the information is not adequately e

presented to the reader as important emeraency information that should be retained," and define "adequately."

79. Please state whether Intervenors assert that Applicants should include in the "pre-emergency information" a discussion of the fact that "the State and local governments" have refused to protect the health and safety of the public through emergency planning, and that Applicants have had to fill the void left by that abdication of responsibility by "the State and local governments." If not, please describe in detail what sort of discussion of "the lack of participation in emergency planning by the State and local governments" Intervenors assert that Applicants should include.

State all the facts, and describe in detail the regulatory basis (if any) underlying your answors.

80. Please state all the facts underlying Intervenors' assertion that "no adequate discussion is presented concerning the ORO and the nature of the SPMC as a utility plan, and the relationship (s) during an emergency between the ORO and State and local governments," and define "adequate". Please also describe in detail what Intervenors assert to be "the relationship (s) during an emergency between the ORO and State and local governments" which Intervenors assert I

f that Applicants should describe, and state all the facts underlying your answer.

81. Please state all the facts underlying Intervenors' assertion that "inadequate information is provided to ,

parents regarding procedures to be employed in the event of an evacuation of school children," and define "inade quate" .

82. Please state all the facts underlying Intervenors' assertion that "inadequate information is provided with respect to 'How To Take Shelter'," and define l "inadequate".

83. Please identify all "information . . . provided with respect to respiratory protection" that Intervenors assert is "inadequate" and/or "inappropriate", and define "inadequate" and "inappropriate". Please also state all the facts underlying your answer.

84. Please state all the facts, estimates, and observations l

underlying Intervenors' assertion that "most pet owners

) would be unwilling to leave their pets at home in the event of a radiological energency and therefore might be discouraged from reporting to reception centers," and define "might" and "discouraged".

85. Please state all the facts, other than those discussed in response to the preceding interrogatory, underlying i

Intervenors' assertion that "inappropriate information l

-so-l l

t

is provided with respect to pets," and define "inappropriate".

86. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the "content of the pre-emergency information made available to the public is not adequate," and define "adequate".

87. Please describe in detail, and quantify, the "many special needs persons" whom Intervenors assert that "the types of (public education) materials to be utilized s will not be effective in reaching", define "effective",

and state all the facts, estimates, and observations underlying your answer. For each type of "materials" and each group of "special needs persons", state all the facts underlying Intervernors' assertion that that type of material "will not be effective in reaching" that group of people.

88. Please state all the f acts underlying Intervenors' assertion that "the public information materials which have been provided contain too little and inadequate information to establish adequate preparedness for those who have disabilities," and define "too little",

inadequate", and "adequate" . Please also list all "disabilities" concerning which Intervenors make this assertion.

w

89. Please describe in detail in what ways (if any)

Intervenors assert that pre-emergency "preparedness for those who have disabilities" for a radiological emergency would differ from "preparedness" for other types of emergencies such as fires, hurricanes, chemical spills, and blizzards, and state all the facts underlying your answer.

90. Please state all the f acts underlying Intervenors' assertion that "the materials have not been designed using channels or methodologies which are appropriate to specific handicap-type (sic)," and define "appropriate".

For each "specific handicap" type, describe in detail what "channels or methodologies" Intervenots assert would be appropriate, and state all the facts underlying those assertions.

91. Please state all the facts underlying Intervanors' assertion that "to adequately prepare for addressing the needs of those who have special needs during an emergency, specific information about the needs of those individuals must be targeted to the general public and emergency workers," and define "adequately".

92. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Inte rvenors ' assertion that "the information to be made available to the public pursuant to the SPMC prior to an

emergency does not meet the regulatory standards as set forth at 50.47(b) (7) , NUREG 0654 II.G. and 10 CFR Part 50, Appendix E, IV. b.2."

AS TO CONTENTION JI 4014

93. Please describe in detail, and produce every document that reflects or refers to (including but not limited to all TEMA, RAC, and/or internal revices and/or critiques) the procedures and methods relied upon by the Commonwealth of Massachusetts to identify and notify "residents who have special notification needs" in the pluma EPZ for the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

94. please state all the facts underlying Intervenors' assertion that "the list ci hearing-impaired individuals in Appendix M does not contain the names of many l hearing-impaired residents," define "hearing-impaired",

define (with quantification) "many", and list the namea and addresses of all "hearing-impaired residents" known to Intervenors who are not listed in Appendix M.

95. Please state all the facts underlying Intervenors' assertion that "the procedures themselves cannot result 14 The following Intervenors have indicated that they do not intend to litigate JI Contention 40, and so do n21 need to respond to the questions concerning is (unless their intentions have changed): SAPL; TON; CON; TOS; TOWN.

1 1

in a timely dispatch of the Route Guides," and define "timely".

96. Please state all the facts underlying Intervenors' assertion that the Route Guides will be "unfamiliar ()

with the area."

97. Please state all the facts urderlying Intervenors' assertion that "many hearing-impaired individuals will simply not hear their banging or shouts at the door, or an apartment ' buzzer'," and define (with quantification)

"many". Please also state all the facts underlying Intervenors' implied assertion that the only means availabic to the Route Guides to alert those hearing-impaired individuals would be banging, shouting, or buzzing.

98. Please state all the facts underlying Intervanors' assertion that "many hearing-impaired individuals will not let the Route Guides in," and define (with quantification) "many".

99. Please state all the facts underlying Intervanors' assertion that "none of (the pre-scripted written messages) are adequate for the situation," and define "adequate" and "situation".

100. Please state all the facts underlying Intervenors' assertion that "the Route Guide's procedures . . . are Q

l t

inadequate, ambiguous, and confusing," and define "inadequate", "ambiguous", and "confusing".

101. Please state all the facts underlying Intervenors' assertion that "special equipment should be provided to each household in the Massachusetts EPZ with a deaf or nearly deaf member." Describe this "special equipment" in detail, and list the name(s) and business address (es) of the manufacturer (s) of it. Does the Commonwealth of Massachusetts ensure that such "special equipment" is "provided to each household . . . with a deaf or nearly deaf member" in the Massachusetts plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants? If not, explain in detail why not, and state all the facts underlying your answer.

102. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the "SPMC does not contain an appropriate or timely alert and notification system for residents who have special notification needs," and state all the facts underlying your answer.

AS TO JI CONTENTIONS 41-43 No questions.

o ,

l AS TO JI CONTDrFIONS 44A AND 44B1E 103. Please list all emergency response , 91ons, other than I

those listed in Basis A.2 and footnote 25 of JI contention 44A, which Intervenors assert that NHY-ORO  !

could not legally implement without prior government authorization. For each response action listed in your answer, and for each response action listed in Basis A.2 and footnote 25, state what government official (s) or entity (ies) could grant such authorization to (a) NHY-OR0; (b) a foreign corporation; (c) private individuals not residents of Massachusetts; (d) private individuals who are residents of Massachusetts; i

(e) a Massachusetts corporation; (f) a Massachusetts regulated utility.

Please state all the facts underlying your answers.

104. Please state all the f acts underlying Intervenors' assertion that "to the extent New Hampshire Yankee is functioning only as a ' managing agent' for the Seabrook 15 The following Intervenors have indicated that they do not intend to litigate JI contentions 44A and 44B, and so do n21 need to respond to the questions concerning it (unless their intentions have changed): SAPL; TON; CON: TOS; TOWN.

l 1

Owners then its pledge of its own resources is suspect,"

and define "suspect".

105. Please describe in detail, and produce all documents that reflect or refer to, every delegation of emergency response authority to private individuals or entities that has occurred within the last fifty years pursuant to any and/or all of the following Massachusetts statutes (and/or their predecessor statutes):

(a) Special Laws ch. 31, 54:

(b) General Laws ch. 48, 510;

" " ch. 48, 144A; (c)

" " ch. 90B, 525; (d)

" " ch. 22, 56; (e)

(f) " " ch. 85, $51 and (g) " " ch. 31, 148.

AS TO JI CONTENTION 4516 106. Please identify all "schools" in the Massachusetts EPZ which Int ( rvenors assert do not have "adequate school-specific plans" for a radiological energency, and state all the facts underlying your answer.

16 The following Intervenors have indicated that they do not intend to litigate JI contention 45, and so do n21 need to respond to the questions concerning it unless their intentions have changed): SAPLt TON CON TOS.

107. Please state all the facts underlying Intervenors' assertion that "existing emergency plans . . . are wholly inadequate for responding to a radiological energency," and define "inadequate."

108. For each "school" referred to in response to the preceding two interrogatories, please identify the "school" employee (s) and government official (s) responsible for preparing plans to protect the health and safety of the "school" children in the event of a radiological emergency, and explain in detail why those individuals have not prepared "adequate school-specific plans." state all the facts underlying your answer.

109. Please state all the f acts underlying Intervenors' assertion that "the schools have no knowledge of" the "Generic Massachusetts Public School Plan". Identify the "school" principals and school district superintendents, in the Massachusetts EPZ, whom Intervenors assert have "no knowledge of" that Plan, and explain in detail why those officials lack that knowledge. State all the facts underlying your answer.

110. Please identify all "school" officials whom Intervenors assert "would not keep or use" the "Generic Massachusetts Public School Plan" if it were "offered by NHY", and state all the facts underlying that assertion.

For each such official, state whether or not they would "keep or use" a "school-specific plan" if it were "offered by NHY", and state all facts underlying your answer, l ,

111. Please state all the facts underlying Intervenors' assertion that a "generic plan" could "(n)ever be i adequate for the wide range of different types of schools," and define "adequate".

112. Does every "school" in the Massachusetts portions of the i plume EPZs for the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants have a "school-specific plan" for radiological emergencies? If so, please produce all such plans. If not, please explain in i detail why not, state all the facts underlying your 1 answer, and produce copies of all "generic" or "school-I specific" plans that do exist.

l

! 113. Please define "serious and fast-developing . . .

4

radiological emergency" as that term is used in Mass AG Contention 47 Basis A.

114. Does any agency of the Commonwealth of Massachusetts ,

I

' require, possess, and/or engage in "school-specific"  ;

planning for any type of emergency? If so, please I

produce all such plans for "schools" within the J Massachusetts EPZ. If not, explain in detail why not, I

and state in detail all the facts underlying your l

answer. If the Commonwealth uses "generic" plans, l

I

explain in detail how such plans account for "the wide range of different types of schools, which have vastly l different student populations, student age groupings, student / teacher ratios, class sizes, layouts and construction (for sheltering), organizational capabilities, composition of special needs children, different methods of notifying parents, etc." state all the facts underlying your answer.

115. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying i

Intervenors' assertion that "absent the existence of institution-specific radiological emergency response plans to address the different preparedness needs of each school, there is no reasonable assurance that adequate protective measures can and will be provided to school children."

116. Please state all the facts underlying Intervenors' l

assertion that the "implementing procedures for the School Coordinator and School Liaisons are poorly drafted, vague, and confusing," and define "poorly ,

drafted", "vague", and "confusing."

117 Please state all the facts underlying Intervenors' assertion that "the procedures for the coordinator and l School Liaisons" are not "sufficiently integrated with i

each other to ensure that confusion and mistakes will l I

not occur," and define "integrated", "ensure",

confusion", and "mistakes."

118. Please state all the facts underlying Intervenors' assertion that "the remaining (bus) companies do not have sufficient drivers and buses to transport all school children out of the EPZ in a timely fashion," and define "timely".

119. Please state all thL facts, estimates, and observations underlying Intervenors' assertion that "there are more students than have been estimated, especially in day care and nursaries, but also in the schools."

120. Please state all the facts underlying Intervanors' assertion that "during an emergency additional adult supervision will be needed on each bus."

121. Please state all the f acts, estimates, and observations underlying Intervenors' assertion that "the average capacity of the buses has been overestimated."

122. Please state all the facts, estimates, and observations, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the "SPMC underestimates the number of school buses that will be needed."

4 123. Please list the names and business telephone numbers of 4

all "school superintendents" in the Massachusetts EPZ f

a

. _ . _ _. _ . ._ _ __ _ _.. __ ___ .__ _ _ . , ,,.,._.7- . .._ ,. ...

. l 4

whose "phone numbers" Intervenors assert "are not even listed in Appendix M." l 124. Please state all the facts underlying Intervenors' assertion that "the phone conversations with each 3

Superintendent could be quite lengthy," and define (with .

quantification) "could" and "quite lengthy". L 125. Please state all the facts underlying Intervenors'  !

assertion that "each Superintendent . . . will have had j no prior emergency response training and will not know a great deal," and define "a great deal."

126. Please state all the facts, other than those discussed in response to the preceding three interrogatories,

! underlying .Intervenors' assertion that "the last Superintendent may not be not:,fied for a number of hours after an Alert is declared," and define (with l,

quantificat ion) "may" and "a number of".

- 127. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the "SPMC procedures for i

notification to the school (sic) Coordinator and the confusing implementing procedures for the School coordinator (sic) in both Pro 1.9 and 2.7, prohibit a timely offer of information and transport resourcas to a l School Superintendents (sic) for all public schools,"

! and define "confusing" and "timely".

l

O 128. Please state all the facts underlying Intervenors' assertion that "the last (private) school will not be notified for many hours after an alert has been declared," and define (with quantification) "many".

129. Please state all the facts underlying Intervenors' assertion that "the EBS messages will become extremely long and drawn out", and define (with quantification)

"extremely long."

130. Please state all the facts underlying Intervanors' assertion that, "for those facilities which have no sheltering plan, the message simply affords inadequate guidance on how to implement a timely, safe and effective sheltering response," and define "inadequate",

"guidance", "timely", "safe", and "cffective".

131. Please identify all "schools" in the Massachusetts EP2 which Intervenors assert "have no sheltering plan",

explain in detail why they lack such plans, and state all the facts underlying your answers.

132. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC's provisions of fer no reasonable assurance that sheltering can or will be implemented appropriately or in a timely fashion in the schools," and define "appropriately" and "in a timaly fashion."

133. Please identify all schools in the Massachusetts EPZ that Intervenors assert "would be totally inappropriate for sheltering school children." For each such school, state all the facta underlying Intervenors' assertion that it "would be totally inappropriate for sheltering school children," and define "totally inappropriate "

134. Please identify all schools in the Massachusetts EPZ that Intervanors assert have "climate control systems that are totally reliant on outside air."

135. Please state all the facts underlying Intervenors' assertion that "most schools will not be able to respond with any reasonable degree of certainty if they try to guess how many of their regular contracted buses will show up."

136. Please state all the f acts underlying Intervanors' assertion that "the School Liaisons will not be able to state how quickly the SPMC/ORO buses will arrive at given schools."

137. Please describe in detail the "Ad h2s transportation scheme (s)" that Intervenors assert "prudent school officials . . . will seek to implement," and state all the facts underlying your answers.

138. Please state whether "institution-by-institution evacuation time estimates" exist for the "schools" in Massachusetts portions of the plume EPZs of the Pilgrin, Yankee Rowe, and Vermont Yankee nuclear power plants.

If so, please produce all documents that reflect or refer to any and/or all of those ETEs, and all documents that reflect or refer to the procedures used to calculate them. If not, explain in detail why not.

139. Please provide the following information for all "schools" in the Massachusetts EPZ (a) the "school" name, address, and telephone number, unless such information is already contained in the SPMCs (b) the number of staf f and of students, unless such information is correctly stated in the SPMCr (c) the source and number of "regular contracted" or school-owned buses, and the capacity of each bust (d) copies of all documents that reflect or refer to procedures for early dismissal, snow days, and school cancellation; (e) which "schools" are on split sessions, what the hours of those sessions are, and how many students are in each sessions (f) how many students, at each "school", walk or drive to schools (g) how many mentally or physically handicapped students attend each "school", and how they get there each dayt (h) the average percentage of absenteeism per day for each "school"!

(i) the number of buses that can be simultaneously boarded by students at each "school"; and (j) how much adult supervision is provided on each "school" bus during daily transportation and day trips, for each "school".

140. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the "SPMC fails to of fer reasonable assurance that adequate protective measures can and will be taken in a timely fashion for schools and day care centers," and define "adequate" and "timely".

AS TO JI CONTENTION 4617 141. Please state all the facts underlying Intervenors' assertion that "in the event of an evacuation, accommodations would be required for approximately 148 patients."

17 The following Intervenors have indicated that they do not intend to litigate JI Contention 46, and so do n21 need to respond to the questions concerning it (unless their intentions have changed): TON: CON; TOS; TOWN.

142. Please state all the facts underlying each of the following assertions by Intervenors t (a) "Hospital A . . . would be able to provide only five beds at best";

(b) "Hospital B has no intention of treating radiologically contaminated individuals";

(c) "Hospital C would only be able to accommodate approximately ten very severely injured patients,"

and define "very severely injured";

(d) "Hospital E has . . . 20 (beds) usually available" and "does not have the facilities to handle radiologically contaminated individuals";

(e) "Hospital T (has) a capacity for 108 beds of which 90 are usually filled";

(f) "Hospital G could accommodate approximately forty patients in the event of an emergency";

(g) "Hospital H . . . might have approximately ten beds available in the event of an emergency"; and (h) "Hospital I. . . could provide approximately thirty beds."

143. Please state all the facts, estimates, and observations, other than those discussed in response to the preceding interrogator!.es, underlying Intervenors' assertion that "in the event of an evacuation, the two hospitals located within the EPZ have more pati nts than can be accommodated by the hospitals with which NHY has reached agreements."

144. Please state all the facts, estimates, and observations underlying Intervenors' assertion that the SPMC "f ails to ensure that adequate accommodations will be available for the radiologically injured in the event of an i

emergency," and define "ensure" and "adequate". Please also describe in detail, and produce all documents that reflect or refer to, the qualifications required for Massachusetts host hospitals that are to receive, monitor, and decontaminate patients transferred from hospitals within the plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

145. Please state all the f acts underlying Intervenors' assertion that evacuation of the Amesbury and Anna Jaques Hospitals would take "many hours", and define (with quantifi' cation) "many".

146. Do the Amesbury and Anna Jaques Hospitals possess evacuation plans for any type (s) of emergency? If so, produce copies of all such plans. If not, explain in detail why not.

147. Please state all the f acts underlying Intervenors' assertion that the "SPMC has arrangements for an inadequate number of ambulances to evacuate all those who may reasonably need such transportation." Please also state how many people Intervenors assert "may reasonably need such transportation" and what would be an adequate "number of ambulances," and state all the facts, estimates, and observations underlying your answers.

148. Do Intervenors assert that the Amesbury and Anna Jaques hospitals are not "suitable as shelter in a radiological emergency"? If so, please explain in detail why they assertedly are not "suitable", and state all the facts underlying your answer.

149. Please state all the facts underlying Intervenors' assertion that "the sheltering instructions provided to hospitals by ORO are wholly inadequate to provide reasonable assurance that adequate sheltering measures can and will be taken by hospitals," and define "adequate". Please also produce copien of the "sheltering instructions" provided to hospitals in the Massachusetts portions of the plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

150. Please state all the facts underlying Intervanors' assertion that "the Generic EPZ Hospital Plan mentioned in Appendix G is too vague to be of any real benefit to the hospitals."

151. Please state all the facts unde:rlying Intervanors' assertion that "only site-specific EPZ hospital plans can provide reasonab;a essorance of adequate preparedness, and then only when backed up with a staff trained in appropriate emergency response actions."

152. Please state whether the commonwealth of Massachusetts relies upon "site-specific EPZ hospital plans . . .

backed up with a staff trained in appropriate emergency response actions" for all hospitals within the Massachusetts portions of the plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

If so, please produce all documents that reflect or refer to such plans. If not, explain in detail why not.

153. Please state all the facts underlying Intervenors' assertion that "the SPMC provisions are inadequate with respect to the provision of KI to persons in hospitals whose immediate evacuation may be infeasible or very difficult." Please also produce copies of all procedures for "the provision of KI to persons in hospitals whose immediate evacuation may be infeasible or very difficult" relied upon by the commonwealth of Massachusetts for the plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants.

154. Please state all the facts, estimates, and observations, other than those discussed in response to the preceding interrogatories, underlying Intervanors' assertion that "the SPMC fails to provide reasonable assurance that

[

adequate protective measures can and will be implemented .

for all those persons who are patients in the two hospitals within the Massachusetts EPZ and for those who become injured during the emergency, from radiation J

contamination / exposure."

i As To JI cGhindTION 4718 ,

155. please state all the f acts underlying Intervenors'

assertion that "there is no reasonable assurance in the event of an emergency in whcih (sic) the general l

population is advised to evacuate that there will be sufficient medical and other support staff available to  ;

care for the patients who are unable to evacuate," and define "sufficient".

156. Please state all the f acts underlying Intervenors'

)

assertion that the SPMC procedure for KI distribution to '

i hospitals "does not provide reasonable assurance that KI l i'

2 can and will be distributed and administered to patients prior to plume arrival."

t I 157. Does the Commonwealth of Massachusetts rely on [

stockpiles of KI at the hospitals within the i Massachusetts portions of the plume EPZs of the Pilgrim, i

18 The following Intervanors have indicated that they I do not intend to litigate JI Contention 47, and so do n21 need to respond to the questions concerning it (unless their f I intentions have changed): SAPLt TON CON TOS TOWN. r

]

j

+

-_--__m-,-_m- -.-__,- ..-.. _ _ _-... __.____.._..__ _ .,__ - . _ - - . _ _ ,-____.,._,-,-.m-___,_, _ -__--

O Yankee Rowe, and Vermont Yankee nuclear power plants in order to "provide reasonable assurance that XI can and will be distributed and administered to patients prior to plume arrival"? If so, please produce all documents that reflect or refer to such stoexpiling procedures.

If not, explain in detail why not, and produce all documents that reflect or refer to the Commonwealth's policies on the distribution of KI.

158. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "there is no reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at Seabrook Station for institutionalized persons . . . Who cannot be evacuated," and define "adequate".

AS TO JI CONTENTION 4819 159. Please identify all persons whom Intervenors assert "refused to complete forms in protest," state how many and which ones (if any) of those persons in fact are (or reside with) "homebound persons in need of special 19 The following 7.ntervenors have indicated that they do not intend to litigate JI Contention 48, and so do n21 need to respond to the questions concerning it (unless their intentions have changed): SAPLt Con TOS; TOWN.

3

assistance," and state all the facts underlying your answers.

160. Please identify all persons whoc Intervenors assert "reported that members of their families had special needs when, in fact, they did not." Please also explain why these persons alleged submitted falso and misleading information. State all the facts underlying your answer.

161. Please identify all "opposition groups" that "collected" forms to keep them from being sent in. State the number of forms each "group" "collected", and the identities of all persons whose forms were "collected". Describe in detail the collection methods used, and identify all persons who encouraged, participated, directed, counseled, assisted, or were aware before the fact of those collection efforts. Please also state whether all the persons whose forms were collected knew, and consented to, that their forms would be "not sent in".

State all the facts underlying your answers.

162. Describe in detail all communications, concerning the special needs survey, which Intervenors arid /or any official of the Commonwealth of Massachusetts has had with any of the persons and groups identified in response to the preceding three interrogatories, and O

1 produce all documents that reflect or refer to any and/or all such communications. l 16- Please state all the facts underlying Intervenors' assertion that "the deeply-felt and widespread opposition to of (sic) does not engender confidence on the part of special needs persons that the information they might submit will be kept confidential, thereby l

4 discouraging submission of such data," and define

"discouraging".

'i i 164. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "periodic special needs i

j surveys by nail" are "unreliable for a number of

! reasons."

165. Please state all the f acts underlying Intervenors' assertion that "NHY' cannot "provide reasonable

{

) assurance of adequate security" for the confidentiality of special needs information, and define "adequate".

i 166. Please state all the f acts underlying Intervenors' assertion that "much information on functional characteristics and needs could and should be obtained to enable appropriate and timely assistance to be provided," and define "much", "appropriate", and J

j "timely".

1 i

i 54-J

167. Please state .

the facts underlying the assertion that the SPMC "provides no reasonable assurance that the information collected will be validated, updated, or maintained," and define "validated".

168. Please provide the following information concerning "special needs resident population" data for the Massachusetts portions of the plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants:

(a) all procedures used "to identify persons with special need ';

(b) all procedures for protecting the confidentiality of special needs data collected; (c) all "individualized determinations of functional characteristics of special needs persons necessary to cope with a radiological emergency";

(d) all "individuals and organizations", other than "transporters during evacuation", identified in advance as "capable of assisting handicapped persons"; and (e) all procedures used to ensure that "the information collected will be validated, updated, or maintained."

Please also produce copies of all procedures requested

' about, and state all the facts underlying your answers. ,

S 169. Please identify all "special needs resident (s)" whom Intervanors assert are not "identified" in the SPMC.

170. Please state all the facts, estimates, and observations, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC . . . has not identified all or even most of the special needs resident population, has not sufficiently assured the security of acquired information about special needs individuals, has not adequately determined the specific assistance needed by identified individuals to cope with a radiological emergency, has not identified other individuals and organizations capable of assisting and the type of assistance required, and has no adequate procedures for assuring that this data is periodically validated," and define "most", "sufficiently", "adequately", "adequate",

"periodically", and "validated."

AS TO JI CONTENTION 49 20 171. Please state all the facts underlying Intervenors' assertion that "this generic plan is in1dequate to meet the different needs of different categories of 20 The following Intervenors have indicated that they do not intend to litigate JI Contention 49, i J so do n21 need to respond to the questions concerning it (unless their intention shave changed)t SAPL; CON; TOS; TOWN.

~56-

handicapped individuals for each step in the process necded to engage in adequate sheltering or evacuation,"

and define "adequate".

172. Please state all the facts underlying Intervenors' assertion that "separate protective action plans need to be developed for each of the main categories of handicapped individuals present in the EPZ in order to provide reasonable assurance that adequate protective measures can and will be taken," and define "adequate."

Please also list all such "main categories of handicapped individuals present in the EPZ."

173. Please state all the facts underlying Intervanors' assertion that "for each handicapped individual who needs assistance with preparing to shelter, sheltering, evacuation preparation, travel processing through a reception center, living in a relocation (congregate care) facility, or recovery /re-entry, there needs to be a responsible and knowledgeable contact person to provide communication and physical assistance." Please also state whether Intervanors assert that such a "contact person" could only assist one "handicapped individual" and, if so, state all the facts underlying that assertion.

174. Please state all the facts underlying Intervenors'

assertion that "such contact people need to be identified in advance for each individual."

175. Please state all the facts, estimates, and observations underlying Intervenors' assertion that "there are an inadequate number of ambulances and wheelcar vans to transport (home-bound mobility-impaired persons) in a timely fashion," and define "titely".

176. Please identify and describe in detail all "accessibility problems" that Intervenors assert exist at "the reception centers and the host special facility."

177. Please state all the facts underlying Intervenors' assertion that "inadequate provision is made to have XI l

available for those whose immediate evacuation may be infeasible or very difficult," and define "inadequate".  ;

178. Please state all the facts underlying Intervenors' assertion that "the non-functional and emotionally disturbed wi;.1 need the assistance of trained staff on a one-to-one or other appropriate ratio." r 179. Please state all the facts underlying Intervenors' assertion that "at the Monitoring / Reception Center, a special area should be set aside for registering, monitoring, and decontamination of the mentally and emotionally disturbed," and describe such a "special l

area" in detaiJ.

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e 180. Please state all the facts underlying Intervenors' assertion that "agreements to receive a specific number of individuals should be made with mental facilities outside the EPZ, to accommodate non-functional severe cases," and define "non-functional severe cases."

181. Please state all the facts underlying Intervenors' assertion that "responsible staff should remain with each mentally or emotionally impaired homebound person throughout the reception and recovery / reentry phases."

182. Please state all the facts underlying Intervenors' assertion that the SPMC does not make "adequate plans for offering of KI" to "mentally and wmotionally impaired homebound persons," and define "adequate".

183. With regards to *.he Massachusetts portions of the plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants, please prc vide (and produce all documents that reflect or refer to) the following information:

(a) whether "separate protective plans" have 1esn "developed for each of the main categories of handicapped individuals present in the EPZ," and, if not, why nott (b) whether "each handicapped individual who needs assistance with preparing to shelter, sheltering, i

evacuation preparation, travel processing through a

o I

reception center, living in a relocation (congregate care) facility, or recovery / reentry" has a "responsible and knowledgeable contact person", "identified in advance", to "provide communication and physical assistance," and, if not, why not; (c) whether "the non-functional and emotionally disturbed" would have, during an evacuation, "the assistance of trained staff on a one-to-one or other appropriate ratio," and, if not, why nots (d) whether "a special area" is set aside "for registering, monitoring, and decontamination of the mentally and emotionally disturbed," and, if not, why not; (e) whether "responsible staff" would "remain with each mentally or emotionally impaired homebound person throughout the reception and recovery / reentry phases," and, if not, why not; and (f) what provisions have been made for "offering of KI" to "mentally and emotionally impaired homebound persons."

184. For all "schools" and "special facilities" in Newbury, please describe in detail what Intervenors assert are the "special transportation requirements" for each

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facility, and state all the facts underlying your answers.

185. Please state all the facts underlying Intervenors' assertion that "the SPMC fails to identify reasonable routes of access to and departure from the (Newbury) facilities," and define "reasonable."

186. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Inte rvenors ' assertion that "the SPMC's provisions for i assisting the c?ecial needs resident population in taking protective actions are grossly deficient and provide no reasonable assurance that adequate protective measures can and will be taken by this population," and define "adequate."

AS TO JI CONTENTION 5_QU 187. Please state all the facts, estimates, and observations l underlying Intervenors' assertion that "not all the special facilities have been identified or listed in the SPMC." Please also list the name and address of all "special facilities" which Intervenors assert "have (not) been identified or listed in the SPMC."

21 The following Intervanors have indicated that they do not intend to litigate JI contention 50, and so do n21 need to respond to the questions concerning it (unless their intentions have changed): CON; Tos; TOWN.

r- .

188. Please state all the facts underlying Intervenors' assertion that "without adequate facility-specifie plans for each special facility, there is no reasonable assurance that adequate protective measures can and will be taken for those in special facilities," and define "adequate".

189. Please state whether the Commonwealth of Massachusetts relies upon "facility-specific plans for each special facility" in the Massachusetts' portions of the plume EPZs of the Pilgrim, Yankee Rowe, and Vermont Yankee nuclear power plants. If so, produce copies of all such plans. If not, explain in detail why not.

190. Please state all the facts underlying Intervenors' assertion that "no generic plan for all special facilities, given their diverso populations, can provide the guidance necessary for each facility to respond appropriately," and define "appropriately".

191. Please state all the facts underlying Intervenors' assertion that "the special facilities have not seen such a plan, and many will not keep it or rely on it even if NHY sends it to them". Please also identify all the "special facilities" that Intervanors assert "will not keep (the plan) or rely on it".

192. Please state all the facts underlying Intervenors' assertion that, "without adequate emergency response plans for each special facility, there is no assurance that special facility staff can and will perform all these support and assistance functions," and define "adequate". Please also identify "each special facility" in the Massachusetts EPZ that Intervenors assert does not have non-radiological "emergency response plans" that are "adequate", and state all the facts underlying those assertions.

193. Please state all the facts underlying Intervenors' assertion that "the implementing procedures for ths

special population liaisons ara poorly drafted, vague, 1

and confusing."

194. Please state all the facts underlying Intervenors' assertion that "the procedures for the Special Population Liaisons . . . are neither identical nor sufficiently integrated with each other to ensure that confusion and mistakes will not occur."

155. Please state all the facts underlying Intervenors' assertion that "there is no reasonable assurance that the Special Population Liaison can and will be able to perform her functions in a timely manner (from the staging area)," and define "timely". Please also state how likely Intervenors assert it is that the "Special Population Liaison must perform her functions from the 1

r staging area, rather than at a local EOC," and state all the facts underlying your answer.

196. Please state all the facts underlying Intervenors' assertion that "there is no assurance . . . that upon her admittance to a local EOC she will have timely access to a telephone," and define "timely."

197. Please state all the facts underlying Intervenors' assertions that "the remaining companies do not have sufficient drivers and buses to transport all "hose persons in special facilities out of the EPZ in a timely fashion," and define "timely".

198. Please state all the facts underlying Intervenors' assertion that "buses . . . are unsuitable modes of transportation for large numbers of those who are elderly or mentally retarded," define "unsuitable", and define (with quantification) "large numbers."

199. Please state all the facts, other than those discussed in response to the preceding interrogatory, underlying Intervanors' assertion that "the SPMC significantly underestimates the number of ambulances and wheelchair vans needed," and define "significantly."

200. Please state all the facts underlying Intervanors' assertion that "most administrators of nursing homes l will not permit the frail elderly or others who may be bedridden to be transported in bed buses," and define "most".

201. Please state all the facts underlying Intervenors' assertion that "the plans call for an insufficient number of ambulances to relocate all those in special facilities (non-hospitals) who need to be transported by ambulance in the event of an evacuation."

202. Please state all the facts underlying Intervenors' assertion that "there is no reasonable assurance that, in the event of an emergency, the ORO will be able to produce sufficient responding ambulances to evacuate those in special facilities in a timely fashion," and define (with quantification) "sufficient" and "timely".

203. Please state all the facts underlying Intervenors' assertion that, "for those facilities which have no sheltering plans, the message simply affords inadequate guidance on how to implement a timely, safe, and effective sheltering response," and define "inadequate",

"gu!. dance", and "timely". Please also identify all "facilities" which Intervanors ascert "have no sheltering plans."

204. Please state all the facts underlying Intervenors' assertion that there is "no assurance that enough XI will be available for all those in special facilities r ,

whose immediate evacuation may be unfeasible or very difficult."

205. Please state all the facts underlying Intervenors' assertion that "the SPMC contains inadequate provisione for the distribution of dosimetry and KI to those in special facilities whose immediate evacuation may be infeacible or very difficult," and define "inadequate".

206. Please state the following information for each "day care nursery" school in Newbury which Intervenors assert is not identified in the SPMC; (a) the facility name, address, and telephone number; (b) "the number of infants and other children enrolled"; and (c) "the number of staff personnel"; and (d) "any special transportation requirements" of the facility.

207. Pleast state all the facts underlying Intervenors' astartion that the Host Special Facility "does not assure an adequate facility for receipt of special facility residents or clients," and define "adequate."

208. Please state all the facts underlying Intervanors' assertion that "the (bus) numbers set forth in (the SPMr1 are not at all retsonable given the numbers of spe ,ility residents in those communities." r Please al.o state what Intervanors assert to be "the

r numbers of special facility residents in those communities," and state all the facts, estimates, and observations underlying that assertion.

209. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the people in special facilities will not be adequately protected in the event of an emergency," and define "adequately".

AS TO JI CONTENTION 5122 210. Please state all the facts underlying Intervenors' assertion that "the SPMC's plans for use of (the Special ;

Host Facility) do not provide reasonable assurance that it will be available in a timely fashion in the event of an emergency," and define "timely".

211. Please stats all the facts underlying Intervenors' assertion that "the maximum feasible number of special facility and mobility-impaired individuals who can be adequately cared for overnight is significantly less than 2,000," and define "adequately" and "significantly". -

22 The following Intervenors have indicated that they do not intend to litigate JI Contention 51, and so do D21 need to respond to the questions concerning it (unless their inte,ntions have changed): TON; CON; TOS; TOWN.

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212. Please state all the facts, estimates, and observations underlying Intervenors' assertion that the assumption "that only 80% of those individuals who are in special facilities or who are mobility-impaired will require overnight shelter" is imprudent", and define "imp rudent" .

213. Please state all the facts, estimates, and observations underlying Intervanors' assertion that "at least 2,500 special needs individuals would need care at this special host facility." Please also state how many of that 2500 Intervenors assert would "require overnight shelter" as well as "need care", and state all the facts, estimates, and observations underlying your answer.

214. Please state all the facts underlying Intervanors' assertion that "there is no reasonable assurance that the Red Cross can and will respond in a timely manner, or at all, to provide the beds, blankets, food, or any other assistance needed at this special host facility,"

and define "timely".

215. Please state all the facts underlying Intervenors' assertion that "most of those who operate and staff the special facilities will not permit those in their care to be relocated to this host facility."

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216. Please state all the ts underl it- I- ...

j assertion that, "absent certificat / . La = .

Red Cross, there is no reasonabl ' '

"at t.4e art will in fact establish th's sheltec *e emergency."

217. Please state all the facts underlying Inter aner<'

assertion that "the facility does not meet the Atari n Red Cross criteria for shelters for nuclear power plant disasters."

218. Please state all the f acts underlying Intervenors' assertion that "the facility itself is not suitable for use as a host special facility for the population intended," and define "suitaole".

219. Please define "transfer trauma" as usud by Intervunors, explain in detail how transfer out of the EPZ to the Special Host Facility "will be hazardous to the health and well-being of those individuals," and state all the i

facts underlying your answer.

t l 220. Please state all the facts, other than those discussed i

i in . response to the preceding interrogatories, underlying

! Intervanors' assertion that "the SPMC's plans for use of l

this facility do not provide reasonable assurance l that . . . it will be adequate for use as a special needs congregate care center, or that the care available l

l will be adequate for the number and kind of special i

1

^ "

'p >

?

Isa',ds individuals to be sent there," and define "ad3quate".

AS TO JI CONTENTION 5223 221. Please state all the facts underlying Intervenors' assertion that "the EOF and EOC should not be housed in the same building."

222. Please state all the facts underlying Intervenors' asertion that "the EOC and the Media Center are not accessible to Massachusetts state or local government 1 officials during an emergency at Seabrook," and define "accessible".

223. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the EOF, EOC, and Media Center "are inadequate for the purposes required," and define "inadequate".

1 i

23 The following Intervenors have indicated that they do not intend to litigate JI Contention 52, and so do D21 need to respond to the questions concerning it (unless their intentions have changed): SAPL; TON: CON: TOS; TOWN.

.wo.

F, AS TO JI CONTENTION 5324 224. Please state all the facts underlying Intervenors' assertion that "the facility identified e.a a staging area located in Haverhill at 145-185 Water Street is not now available to the ORO for this purpose."

225. Please identify all assistants, employees, or agents of the Mass AG who communicated with the Mayor of Haverhill or any member of the Zoning Board of Appeals of Haverhill concerning use of the Water Street property as a staging area. Please also describe in detail (including the date and manner of communication), and produce all documents that reflect or refer to, all such communications.

AS TO JI CONTENTION 5425 226. Please state all the facts underlying Intervenors' assertions that "(iln the event of an emergency at Seabrock Station, the American Red Cross response would 24 The following Intervenors have indicated that they do not intend to litigate JI Contention 53, and so do D21 need to respond to the questions concerning it (unless their intentions have changes): TON; CON TOS; TOWN.

25 The following Intervenors have indicated that they do not intend to litigate JI Contention 54, and so do nat need to respond to the questions concerning it (unless their intentions have changed): SAPL; TON CON; TOS; TOWN.

r be at best ad hoc" and that "(s)uch a response does not provide reasonable assurance that any of the congregate care centers or the host special facility will be operated by the American Red Cross or that, if the Red Cross does act to establish mass care centers in Massachusetts, it can be done in a timely fashion."

227. Please identify and produce all documents reflecting planning for any disasters, including, but not limited to, nuclear power plant disasters, by the American Red Cross in concert with governmental planning efforts.

228. Please identify and produce all documents utilized by the Commonwealth of Massachusetts for providing mass care for people who may be relocated for any type of emergency within or outside the Commonwealth of Massachusetts.

229. With respect to JI contention 54, do Intervenors intend to rely on any facts, other than those stated in response to the three previous Interrogatories, to establish the assertions stated therein? If so, please state all the facts underlying Intervenors' assertions.

AS TO JI CONTENTION 5526 26 The following Intervenors have indicated that they do not intend to litigate JI contention 55, and so do D21 need to respond to the quartions concerning it (unless their intentions have changed): CON TOS.

r 230. Please state all the facts underlying Intervenors' assertion that "(a]t least eight of the 16 companies have either confirmed that they will not participate or that they will offer only the buses, vans and drivers that might be available, if any, at the time of che emergency."

231. Please state all the facts underlying Intervenors' assertion that "[t]he remaining companies do not have sufficient drivers, buses and vans to evacuate the transport-dependent / mobility-impaired population and all those in hospitals, special facilities, and schools, and daycare/ nurseries who need bus / van transportation" and that "[t)his number is larger than the SPMC estimates."

232. To the extent Intervenors assert that the SPMC underestimates the number of drivers, buses and vans needed for the evacuation, please state what Int 6rvenors consider to be the necessary numbers of drivers, buses, and vans needed to evacuate each of the following: (1) transport-dependent / mobility-impaired persons, (2) persons in hospitals, (3) persons in special facilities, (4) persons in schools and (5) persons in day care / nurseries. For those persons listed in categories (2) - (5), please state how many of those persons will require transportation to be provided by someone other than the institution (hospital, special facility, etc.)

r with which they are affiliated. Please state all the facts, estimates, and observations underlying your answers.

233. Please state what Intervanors would consider to be a "timely response."

234. Please state all the facts underlying Intervenors' assertion that "the SPMC's procedures in Pro. 2.10 for notifying bus companies, determining the availability of buses and drivers, assigning particular buses to particular bus needs, assigning Bus Dispatchers, Route Guides, and Dosimetry Recordkeepers, and sending these ORO staffers off to the assigned bus yards is designed for a slow-breaking radiological emergency" and define "slow-breaking radiological emergency."

235. Please state all the facts underlying Intervenors' assertion that "(t]hese procedures are too cumbersome and time-consuming to ensure a timely response to a fast-breaking accident" and define "fast-breaking accident."

236. Please state all the facts underlying Intervenors' assertion that "convoys of buses always travel more slowly than individual buses do, and convoys will have a much more difficult time traveling into the EPZ against evacuating traffic than single buses would."

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e 237. Please state all the facts underlying Intervenors' assertions that "(iln seeking to enlist the participation of these ambulance companies and their drivers, NHY led at least some of the companies and their drivers to believe that they would not be driving into areas close to Seabrook Station which were radiologically contaminated" and that "[t]his was done through a combination of active misrepresentation and critical omission of facts regarding what kinds of individuals might need ambulance services and where they would be located."

238. Please state all the facts underlying Intervenors' assertion that "(e)ven if all (the vehicles relied on by the NHY ORO) could respond, there would not be sufficient tow vehicles to remove all the road impediments in a timely fashion that can reasonably be expected during an evacuation of the entire EPZ in Massachusetts."

239. Please state how many road impediments "can reasonably be expected during an evacuation of the entire EPZ in Massachusetts" and define "timely fashion" in this context.

240. Please state what percentage of "the many automobile accidents, vehicles overheating and stalling, vehicles running out of gas, and vehicles abandoned during an evacuation" Intervenors assert would require tow vehicles in order to avoid obstructing evacuating vehicles, and state all the facts, estimates, and observations underlying your answer.

241. Please state how many tow vehicles Intervenors assert would be necessary to respond to the number of incapacitated vehicles requiring tow truck assistance, and state all the facts underlying that assertion.

242. Please state all the facts underlying Intervanors' assertion that "(a) third cor.pany will not renew its agreement to participate after the first year, and even now cannot provide reasonable assurance that its drivers will show up in the event of a radiological amargency."

243. Please state all the facts underlying Intervenors' assertion that "[t]he final company (two tow trucks) can give no reasonable assurance that it would respond and feels that it is under no contractual obligation to do so."

244. Please state all the facts underlying Intervanors' assertion that "(the number of tow trucks deployed by the SPMC) is far short of the number needed to clear the evacuation routes of all reasonably anticipated blockages in a timely fashion," and define "timely".

245. Please state all the facts underlying Intervenors' assertion that "[t]he method utilized by the SPMC for e .

surveillance for road blockages is not adequate to ensure that road blockages will be identified promptly enough to dispatch tow trucks to remove them in a timely fashion," and define (with quantification) "promptly" and "timely".

246. Please state all the facts underlying Intervenors' assertion that Route Guides for the hearing impaired "are not out in sufficient numbers."

247. Please state all the facts underlying Intervenors' assertion that "(m)ost of the many miles of key evacuation roads will not be visible to (Route Guides),

especially at night."

248. Please state all the facts underlying Intervenors' assertion that "the SPMC fails to demonstrate that those individuals deemed 'available' to perform emergency services have in fact been asked, and agreed, to provide these services in an actual emergency, or that these individuals, many employed far from the EPZ, could promptly be located, notified, and deployed to respond to a nuclear accident", and define (with quantification)

"many", "far", and "promptly".

249. Please state all the facts underlying Intervenors' assertion that "traffic accidents or additional delay will occur." Please also state how many "traffic accidents" and what (and how long) "additional delays" Intervenors assert will occur, and state also the facts, estimates, and observations underlying your answers.

250. Please state all the facts underlying Intervanors' assertion that "substantial delay in deploying emergency transportation will occur," and define (with quantification) "substantial".

251. Please state all the facts underlying Intervenors' assertion that "there is no reasonable assurance that the bus drivers who . . . have agreed to respond to an emergency at Seabrook in fact have sufficient experience or training to perform this function," and define "sufficient".

252. Please state all the facts underlying Intervenors' assertion that "the plan does not . . . provide any basis for a finding that the number (of tow trucks) will be adequate to respond to disabled vehicles."

253. Please state all the facts underlying Intervenors' assertion that there is not "any reasonable assurance that the trucks would be able to effectively reach disabled vehicles in West Newbury in a timely manner,"

and define (with quantification) "timely".

254. Please state all the facts, estimates, and observations, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC fails to provide reasonable assurance that an s

r-e 9

adequate number of buses, ambulances, wheelcar vans, vans, tow trucks, drivers and road crews can and will respond in a timely fashion," and defina "adequate" and "timely".

AS TO JI CONTENTION 5627 255. Please state all t's facts, estimates, and observations underlying Intervenors' assertion that "approximately 1.2 minutes to get each evacuee passed through a monitoring station" is "not possible in the real world."

256. Please state all the facts underlying Intervanors' assertion that "the capacity of the Emergency Worker Facility" is "unlikely to be available for use by anyone other than emergency workers."

257. Please state all the facts underlying Intervenors' assertion that Applicants' plans for monitoring and decontamination have "deficiencies in regard to questions about the size of the (facilities) and the availability of survey meters."

258. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC fails to provide i 27 The following Intervenors have indicated that they do not intend to litigate JI Contention 56, and so do nat need to respond to the questions concerning it (unless their intentions have changed): TON: CON; TOS; TOWN.

L

e reasonable assurance that adequate procedures, personnel, equipment and facilities for radiological monitoring and decontamination of general public evacuees, emergency workers and special facility evacuees . . . have been established," and define "adequate".

AS TO JI CONTENTION 5728 259. Please stato nll the facts underlying Intervenors' assertion that "(a)dequate personnel to perform (the task of double bagging, labeling, setting aside and guarding contaminated articles) are not designated," and state what Intervenors assert would be an adequate number of personnel to perform this task.

260. Is the sole basis for Intervenors' assertion that "there are no adequate procedures ... yet identified for handling waste materials" that the radwaste disposal letter of agreement with Chem Nuclear was due to expire in July, 19887 If not, please state all the facts underlying Intervenors' assertion.

261. Is the sole basis for Intervanots' assertion that "there are no adequate ... personnel yet identified for 28 The following Intervenors have indicated that they do not intend to litigate JI contention 57, and so do ant need to respond to the questions concerning it (unless their intentions have changed): TON COH; TOS; TOWN.

handling waste materials" that "[a]dequate personnel to perform (the task of double bagging, labeling, setting aside and guarding contaminated articles) are not designated"? If not, please state all the facts underlying Intervenors' assertion.

262. Please state all the facts, other than thosed discussed ,

in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC fatis to provide adequate means for the handling and disposal of contaminated waste water and contaminated materials,"

and define "adequate." '

AS TO JI CONTENTION 5829 263. Please identify each organization or resource provider with which Intervenors contend that there is no letter of agreement or that there is an inadequate agreement.

For each organization or resource provider identified, please state all the facts underlying Intervenors' assertion.

264. For each organization or resource provider identified in the previous Interrogatory, do Intervenors contend that a letter of agreement is necessary? If so, please state 29 The following Inturvenors have indicated that they do not intend to litigate JI Contention 58, and so do n21 need to respond to the questions concwrning it (unless their intentions have changed): SAPL; TON CON; TOS; TOWN.

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all the f acts underlying Intervenors' assertion. If not, please state what type of agreement Intervenors consider to be necessary.

265. Please state all the facts, othat than those discusox3 in response to the preceding interrogatories, und?ulying Intervenors' assertion that "the SPMC fails to demonstrate that each principal rernonse organization has staff to respond and to augment its initial response on a continuous basis (and) fails to provide for an adequate number of available manned emergency vehicles."

AS TO JI CONTENTION 5930 l

l 266. Do Intervenors assert that contracts that run between private suppliers and NHY are executory? If so, please state all the facts underlying that assertion.

267. Please explain why, in the context of licensing, Intervenors consider that the need for Bankruptcy Court approval, giving the debtor-in-possession the option to assume or reject contracts, makes these contracts unreliable, and state all the facts underlying your answer.

30 The following Intervenors have indicated that they do not intend to litigate J1 Contention 59, and so do D21 need to respond to the questions concerning it (unless their intentions have chinged): SAPLt TON CON: TOS; TOWN.

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I 268. Please state all the facts, other than those discussed in response to the preceding Interrogatories, underlying Intervenors' assertion that "there is no assurance that resources relied on in the SPMC wi.'l be adequate at the time of an energency."

AS TO JI CONTENTION 6031 269. Please state all the facts underlying Intervenors'  ;

assertion that "[t]he SPMC fails to identify the l

equipment available for use in discouraging or l encouraging direction of traffic flows." i 270. Please identify each location in Newbury, Newburyport, Salisbury, and West Newbury where Intervenors assert [

that the SPMC calls for the use of an inadequt.te number of traffic control devices, and state "[t]he number and  !

location of cones, barricades and other control devices" [

that Intervenora consider to be adequate for each location. Pleasw also state all the facts underlying i your answer.

271. Please state all the facts underlying Intervenors' assertions that "[ijn the event that (traffic control) devices are to be brought into Newbury, this will be 1

31 The following Intervenors have indicated that they do l not intend to litigate JI Contention 60, and so do nel need to l respond to the questions concerning it (unless their intentions have changed): SAPL; TOS.

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difficult or impossible if an emergency is rapidly developing and evacuation has commenced without traffic l

controls in place" and that "[t]hereafter, gaining timely access to control points will be unlikely."

272. Please state all the facts underlying Intervenors' assertion that "the Utility plan fails to provide for an adequate equipment inventory, in particular blinking light cones, to be maintained at the staging area."

273. Do Intervenors assert that "blinking light cones" ar .

required by the regulations?

274. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC fails to adequately identify the emergency equipment available for use in implementing the plan."

AS TO JI CONTENTION 6f2 275. Please state all the facts underlying Intervenor's assertion that Applicants "have failed to show what emergency response measures will be taken by the Massachusetts state and local governments in the event that Mode 1 of the SPMC is followed."

32 The following Intervenors have indicated that they do not intend to litigate JI Contention 61, and so do Dat need to respond to the questions concerning it (unless !asir intentions have changed): SAPL; TON; CON; TOS; TOW 11

276. Please state all the facts underlying Intervenor's assertion that "[t]he means by which the state and local governments are thus presumed to ' follow' the SPMC in Mode 1 consists only of using Applicants' resources in carrying out an ad hoc response."

277. Please state all the facts underlying Intervenor's assertion that "[t]he mere provision of resources to support an unplanned emergency response does not adequately compensate for the state and local governments' lack of preparedness to respond to an accident at seabrook."

AS TO JI CONTENTION 62 33 278. Please state all the facts underlying Intervenors' assertion that "to the extent that it contemplates the integration of state / local emergency response functions with those of the ORO, the SPMC is hopelessly cumbersome and confusing."

279. Please state all the facts underlying Intervenors' assertion that the "parallel existence of government and ORO emergency response organizations" creates "cumbersome communication and coordination problems."

33 The following Intervenors have indicated that they do not intend to litigate JI Contention 62, and so do D21 J

need to respond to the questions concerning it (unless their intentions have changed): SAPL; CON TOS; TOWN.

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4 280. Please state all the facts underlying Intervanors' assertion that the "steps of communicating and coordinating" are "time-consuming," identify each step and the personnel involved, and state how much time is required for each step.

281. Please state all the facts underlying Ir.tervanors' assertion that "(f)or each function" the "steps of agreeing on divisions of responsibilities and all of the accompanying logistics, including communication and sharing of equipment and personnel" are "time-consuming," identify each step and the personnel involved, and state how much time is required for each step.

282. Are the facts stated in your responses to the previous three interrogatories all the facts underlying Inte rvenors ' assertion that the "SPMC does not provide a mechanism by which the state and local governments can swiftly and efficiently interact with ORO officials to mount a timely and adequate response to an accident."

If not, please state all the facts underlying that assertion.

283. Please state all the facts underlying Intervanors' assertion that "the result of any attempt by Massachusetts governments to ' follow' the SPMC would be utter confusion."

284. Please state all the facts underlying Intervanors' assertion that "(g)iven the high population density of the Seabrook EPZ and the relatively long time required to evacuate the area, there is no room for the confusion and delay that would arise if state and local governments attempted to implement the SPMC during a Radiological emergency." Please also state what Intervenors assert is the "population density of the Seabrook EPZ" and the "time required to evacuate the area," and state all the facts, estimates, and observations underlying your answers.

285. Is the sole basis for Intervenors' assertion that

"(p)ublic notification, and coordinated PARS between the states, will at a minimum, be unreasonably delayed under actual emergency conditions" that "(m)any government officials in both states are unfamiliar with the planning documents"? If not, please state all the facts underlying that assertion.

286. Please state all the facts underlying Intervenors' assertion that "(m)any government officials in both states are unfamiliar with the planning documents," and identify all the "government officials" who would be involved in a radiological emergency response whom Intervenors assert "are unf amiliar with the planning documents."

(

287. Please state all the facts underlying Intervenors' x, assertion that "Newbury officials in command and control of energency functions are unfamiliar with the contents of the SPMC. " t 288. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that the SPMC "does not l I

compensate adequately for the lack of preparedness of state and local officials to respond to a radiological emergency at Seabrook," and define "adequately". ,

i AS TO JI CONTENTION 63 34 t 289. Please state all the facts underlying Intervenors'  ;

assertion that the statement in the SPMC that the Massachusetts EOC at Framingham "could be used to provide support in the event of an emergency at Seabrook i Station, just as it might be used for response provided t

to an accident at any other nuclear generating station j affecting the state" is "false." [

i 34 The following Intervenors have indicated that they do not intend to litigate JI Contention 63, and so do D21 l need to respond to the questions concerning it (unless their [

intentions have changedt SAPL; CCN. j l

In addition, TOS may limit its responses to just those ,

questions that concern issues which it indicated, in its  !

Request for Limited Participation Status (October 5, 1988), [

that it intends to litigate.

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4 290. Please state all the f acts underlying Intervenors assertion that "(n)o current planning exists that would coordinate the state EOC and the response of the local communities to a Seabrook emergency."

291. Please state all the facts underlying Intervenors' assertion that "[t]he State Area I EOC in Tewksbury is also inadequately staffed for a radiological emergency at Seabrook."

292. Pleas ite all the facts underlying Intervanors' asstu , n that "[t]here are inadequate maps, commun. '.. 1 lines and other materials and information at the Area I EOC to provide a response to a radiological emergency at Seabrook," and identify all "other materials and information."

293. Please identify, by type of equipment and use, all communications systems currently utilized by Massachusetts Civil Defense in coordinating any emergency response with local communities including, but not limited to, the six Massachusetts EPZ communities.

294. Please state all the f acts underlying Intervenors' assertion that "[t]he local EOCs in the 6 Massachusetts communities are not adequate to handle a radiological emergency at Seabrook."

295. Please state all the facts underlying Intervenors' assertion that the local EOCs in the six Massachusetts 4

e EPZ communities "are inadequately staffed for such a contigency and do not have the communications links necessary, either between themselves or with the ORO EOC to provide any emergency support. for such an accident."

296. Please describe the communications link for emergency use currently existing between the six Massachusetts EPZ communities, including, but not limited to, all law enforcement, fire and emergency medical radio frequencies and the hardware to support use, all commercial telephone lines and numbers, and all specially dedicated lines and numbers.

297. Do Intervenors consider that the lack of "other planning" is an inadequacy? If so, please describe in detail what "of.her planning . . . to coordinate other resourses available to the state ... and make these resources available in a timely and effective manner in the event of an emergency at seabrook" Intervenors assert would be adequate.

298. Please identify, and produce all documents that describe or refer to, all governmental resources available for response to a radic!r,gical emergency at seabrook Station, whether those resources are considered adequate or inadequate by Intervenors.

299. Do Intervenors assert that prior coordination or planning with the Massachusetts State Police is possible L

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l and/or necessary? Il so, please describe what Intervenors assert this coordination and planning should entail.

300. Do Intervenors assert that the Massachusetts State Police are not ready or willing to respond to any emergency, including, but not limited to, a radiological emergency at Seabrook Station? If so, please state all the facts underlying that assertion.

301. Please describa, based on internal police procedures, what response from the Massachusetts State Police can be expected in the event of a radiological emergency at Seabrook Station.

302. Please state all the facts underlying Intervenors' assertion that "[t]he Town of West Newbury has inadequate resources to effectively implement, oversee, or adequately participate in a safe and effective evacuation of the town pursuant to the plan." Also, please describe those resources that are available and describe those additional resources that Intervenors assert would be necessary to "effectively implement, oversee, or adequately participate in a safe and effective evacuation of the town pursuant to the plan."

303. Please state all the facts underlying Intervenors' assertion that "Salisbury does not now have nor is it likely to acquire sufficient policemen, firemen, public

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works employees, or civil defense employees to effectively implement, oversee, or participate in a safe evacuation of the entire town." Also, please describe those resources that are available and describe those additional resources that Intervenors assert would be necessary to "effectively implement, oversee, or participate in a safe and effective evacuation of the entire town."

304. Please state all the facts underlying Intervenors' assertion that "equipment and personnel resources available to the (Town of Newbury are inadequate) to effectively or reasonably enable it to (implement the SPMC)." Also, please describe those resources that are available and describe those additional resources that Intervenors assert would be necessary for Town of Newbury to implement the SPMC.

305. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "adequate emergency facilities and equipment are not provided and maintained by state and local governments for an emergency at Seabrook," and define "adequate."

306. Please state all the facts, other than those discussed in response to the preceding interrogatories, underlying Intervenors' assertion that "the SPMC fails to provide e

o adequate arrangements for requesting and effectively using assistance and resources that are purportedly available to the State and local governments," and i define "adequate."

By their attorneys, 4

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Thomas G. Dignan, Jr. '

George H. Lewald i s

Kathryn A. Selleck Jeffrey P. Trout Jay Bradford Smith '

Ropes & Gray 225 Franklin Street Boston, MA 02110 '

I (617) 423-6100 t

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, 'Q' TB DCT 24 P3:24 CERTIFICATE OF SERVICE I, Jeffrey P. Trout, oneoftheattornehCfo$$the. .u Applicants herein, hereby certify that on OctoberE14',' >1988, I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):

Administrative Judge Ivan W. Smith Robert Carrigg, Chairman Chairman, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office U.S. Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Gustave A. Linenberger Diane Curran, Esquire Atomic Safety and Licensing Andrea C. Forster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W. '

East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 Adjudicatory File Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of General Counsel Board Panel Docket (2 copies) U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th F1.

4350 East West Highway 11555 Rockvilla Pike Bethesda, MD 20814 Rockville, MD 20852

• Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P. O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 e s

p - _ ____ _________ _ __

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Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenue General P.O. Box 360 One Ashburton Place, 19th F1.

Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvjn A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801

• Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, Hill-Washington, DC 20510 Whilton & McGuire (Attn Tom Burack) 79 State Street Newburyport, MA 01950

• Sanator Gordon J. Humphrey Mr. Peter J. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn Herb Boynton) Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Charles P. Graham, Esquire Office of General Counsel Murphy and Graham Federal Energency Management 33 Low Street Agency Newburyport, MA 01950 500 C Street, S.W.

Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and l*:: Nicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 t -

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Mr. Richard R. Donovan Judith H. Mizner, Esquire l

Federal Emergency Management 79 State Street, 2nd Floor l Agency Newburyport, MA 01950 l Fedaral Regional Center 130 228th Street, S.W.

Bothell, Washington 98021-9796 Ashod N. Amirian, Esquire Leonard Kopelman, Esquire t

376 Main Street Kopelman & Paige, P.C.

Haverhill, MA 01830 77 Franklin Street Boston, MA 02110 Robert R. Pierce, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission East West Towers. Building 4350 East West Eighway Bethesda, MD 20814 >

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dd M Taffq(? P. Trout

( *= Ordinary U.S . First Class Mail)

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