ML20205D810

Commonwealth of Ma Atty General First Request for Production Documents to FEMA Re Seabrook Plan for Commonwealth of Ma Communities.* W/Notice of Deposition of R Donovan on 881109 & Certificate of Svc.Related Correspondence

ML20205D810
Person / Time
Site:	Seabrook
Issue date:	10/19/1988
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF
To:	Federal Emergency Management Agency
Shared Package
ML20205D699	List: ML20205D695 ML20205D777 ML20205D810
References
OL, NUDOCS 8810270212
Download: ML20205D810 (13)

Text

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i (E!ATED.CORREpgDW Nh UNITED STATFS OF AMERICA NUCLEAR REGULATORY COMMISSION 88 OCT 21 P 3 :44 ATOMIC SAFE'.1 AND LICENSING BOARD f r uc > 4' O C K E E ' ;- ' ' ",L I '.

Before the Administrative Judges: N Ivan W. Smith, Chairman Gustave A. Linenberger, Jr.

Dr. Jerry Harbour

)

In the Matter of ) Dor:ket Nos . 5 0-4 4 3 -OL- Y

) 50-444-OL-;A PUBLIC SERVICE COMPANY ) (Off-Site EP)

OF NEW NAMPSHIRE, EI AL. )

)

(Seabrooh Station, Units 1 and 2) ) October 19, 1988

__. )

MASSACHUSETTS ATTORNEY GENERAL'S FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY REGARDING THE SEABROOK PLAN E0R MASSAGUSETIS_COM1U111'IIES Pursuant to 10 C.F.R. S 2.741, James M. Shannon, the Massachusetts Attorney General ("MAG"), hereby requests that the Federal Emergency Management Agency ("FEMA") produce for inspection and copying at the offices of the Attorney General, One Ashburton Place, Bo s t.on , Massachusetts, at 10:00 a.m. on November 4, 1988. the follo'aing documents in their possession or under their control.

LEFllllH0!1S_AllD_111STRUCT10BS A. As used herein, the term "NHY" shall mean the Public Service Company of N3w Hampshire's New Hampshire Yankee 8010270212 001019 PDR ADOCK 05000443 G PDH

t Division, any of its representatives, officers, employees, agents, servants, affiliates, or subsidiaries. The term "0R0" shall mean NHY's Offsite Response Organization for ,

1 Massachusetts. The term FEMA shall mean the Federal Emergency  ;

Management Agency, any of its representatives, officers, employees, agents, servants, or affiliates. The term "RAC" shall mean FEMA's Regional Assistance Committce and all its l 4  ;

i members, individually and collectively. The term "SPMC" means f 9  :

the Seabrook Plan for Massachusetts Communities, and all E

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appendices, amendments, and attachments thereto. The "Massachusetts EPZ" means the Massachusetts portion of the ,

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1 Emergency Planning Zone for Seabrook Station.  !

B. Each document request shall be deemed continuing, and i

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! Applicants are requested to supplement responses with additional documents in accordance with S2.704(e) of the NRC's 4

Rules of Practice.

C. As used herein, the term "person" shall mean any [

natural person, corporation, partnership, firm, trust, group, i

association or other organization and, where appropriate, the

{ use of the singular includes the plural and the use of the j plural includes the singular.

I D. As used herein, the term "document" shall mean the 1

j original, and any and all copies which differ in any way from  ;

the original, of any notes, correspondence, memoranda  ;

(including written memoranda of telephone conversations, other communications, discussions, agreements and any other acts, l 1

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1 transactions or activ ties), time sheets, contracts, agreements, pamphlets, receipts, order forms, records, bonds, requisitions, bills, plans, blueprints, layouts, drawings, specifications, sound recordings, minutes, diaries, by-laws, notebooks, logs, bulletins, circulars, brochures, forms, statements, journals, letters, telegrams, notices, interoffice and intraoffice communications, photostats, microfilms, studies, r. ports, analyses, messages, comparisons, graphs, charts, summaries, films, photographs, tapes, transcripts, advertisements and any other written natter of any kind including, but without limitation, any marginal comments appearing on any documents or any other writing.

E. As used herein, the term "communication" shall mean any oral or written transmittal of information, or request for information, made from one person to another person, whether made in person, by telephone or by any other means and includes any documents made only for the purpose recording a communication, idea, statement, opinion or belief.

F. Wherever appropriate, the masculine fo.m of a word shall be interpreted as feminine, and vice versa, so as to bring within the scope of these document requests a.'y information that might otherwise be construed to be outside their scope.

F. please produce each document in the form and condition in which it exists on the date of service of this request, including all comments, notes, remarks, and other material that

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may have been added to the document after its initial preparation.

G. If the plaintiff should withhold any document otherwise responsive to the requests set forth below on the ground of privilege or for any other reason, each such document should be listed and fully identified in writing with sufficient particularity to enable a court a rule on the validity of the ground on which it is withheld, and the ground for withholding it should be fully set forth, except that the substance of such withheld document need not be described to the extent it is claimed to be privileged. To "identify" a document means to provide a description sufficient to identify that document for purposes of a subpeona duces tecum and is further to state:

(1) the date on which the document was prepared; (2) the author or authors of the document; (3) the addressee (s) of the document, if any; (4) the .itle of the document, if any; (5) the number of pages; and (6) the substance thereof to the extent not privileged.

H. For any document or part of a document that was at one time, but is no longer, in Applicants' possession, custody or control, or which is no longer in existence, or which cannot be located or produced, identify the document, state where ard how it passed out of existence or why it can no longer be located

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e and reasons therefor, and identify each person having knowledge concerning such disposition or loss and the coritents of the document, and identify each document evidencing its prior existence and/or any fact concerning its nonexistence or loss.

I. All requests for documents which are stated in the conjunctive are to be read as if also stated in the disjunctive, and vice versa.

J. All documents produced shall be segregated by the request number to which they are responsive.

K. "Concerns," "concerning" or any other derivative thereof, includes referring to, responding to, relating to, pertaining to, in connection with, comprising, memorializing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting, and constituting.

BEQUESIS

1. Any and all reports, surveys, studies or analyses generated by or on behalf of or in the possession of FEMA concerning the SpMC, including but not limited to the following general issues: Evacuation Process, Personnel and Training, PAR Generation, Communications / tiotification, Legal Issues, Protective Actions For Particular Populations, Evacuation l

Equipment and Facilities, and Coordination of Gevernmental Resources and Response.

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2. Any and all documents generated or received by FEMA concerning the adequacy of the SPMC, including but not limited to internal and external communications.

3. Any and all documents constituting o: reflecting communications between NilY (and/or N!!Y ORO) and FEMA since January 1, 1987, pertaining to (a) the need for a utility-generated plan for the Massachusetts EPZ and how it should be designed and staffed; (b) the SPMC itself and its review by FEMA and the NRC; (c) the RAC review process, including comments, suggestions, recommendations, and concerns of the RAC and responses thereto; (d) requests for further information and responses thereto (e) changes to the regula' cions of the NRC and FEMA; (f) and changes to the NRC/ FEMA guidance documents, including NUREG-0654.

4. Any and all documents constituting or reflecting c'smmunications between 11RC and FEMA since January 1, 1987, pertaining to (a) the need for a utility-generated plan for the Massachusetts EPZ and how it rhould be designed and staffed; (b) the SPMC itself and its review by FEMA and the flRC; (c) the RAC review process, including comments, suggestions, recommendations, and ccncerns of the RAC and responses thereto; (d) changes to the rtqu.n ations of the NRC and PEMA; (e) and changes to the NRC/ FEMA guidance documents, including f1V R EG- 0 6 5 4 .

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5. Any and all communications, including attachments thereto, between FEMA and any fcderal agen.y, other than the NRC, concerning the SPMC or radiological emergency planning for the Massachusetts portion of the Seabrook EPZ. including but not limited to communications with the White Ho'ase and the Executive Branch, EPA, DOE, DOI, FAA, FDA, NOAA, the Defense Department and the U.S. Coast Guard.

6. Any and all documents constituting or reflecting communications between FEMA and Argonne National Labs and Idaho National Engineering I,ab, including but not limited to reports, surveys, studies or analyses, concerning the SPMC as well as FEMA's contracts with these entities.

7.Any and all documents concerning the appointment of Richard Donovan as RAC Chairman for FEMA Region I for the review of the SPMC, as well as any and all documents which reflect his experience in the reveiw of radiological emergency response preparedness, including but not limited to internal and external communications including attachments thereto, and Mr. Donovan's resume.

8. Any and all minutes / transcripts from RAC meetings where the SPMC was discussed by the RAC.

9. Any and all documents, including attachments thereto, which constitute or reflect communications between FEMA and the RAC concerning the review of the SPMC.

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10. Any and all documents which constitute or reflect communications between FEMA and the Governor of New Hampshire, John Sununu or his office concerning the SPMC.

11. Any and all documents which concern or reflect the activities of Richard Donovan from September 1, 1987 to the present to the extent those activities reflect or concern his efforts as the FEMA official responsible for evaluating the SPMC, including without limitation, memoranda gnerated or recieved by Mr. Donovan, correspondence and written notes of meetings and conversations.

Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS By: . .. ___

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ohn Traficon e A'ssistant Attorney General luclear Safety Unit One Ashburton Place, Room 1901 Boston, MA 02108 (617) 727-2200 DATED: October 13, 1988 8-

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tELAW.0 CORRES@,DM (xdQC UNITED STATES OF AMERICA U W"s NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOAEb EI 2I g ...t^**

Before theW.

Ivan Administrative Judgep;CNO Smith, Chairman 00

^H Gustave A. Linenberger, Jr. W#

Dr. Jerry Harbour

)

In the Matter of ) Docket Nos. 50-443-OL-

) 50-444-OL-PUDLIC SERVICE COMPANY ) (Oft-Site EP OF NEW HAMPSHIRE, ET AL. )

)

(Seabrook Station, Units 1 and 2 ) October 19, 1988

)

hdTICE_DE_ DEPOSITION Pursuant to 10 C.F.H.S 2.740(a) the Massachusetts Attorney General hereby notices the deposition of Richard Donovan, Rep. Program officer / Chairman of RAC for FEMA Region X (in charge of review of SPMC for FEMA Region I), for 10:00 a.m., Wednesday November 9, 1988 at the offices of the Attorney General on the 19th floor of the John McCormick Building at 1 Ashburton Place, Boston, MA. The deposition shall continue from day to day until complete. You are invited to attend and cross-examine, j Massachusetts Attorney General J

ur4A cha Traficonte

'sistant Attorney General Department of the Attorney General 1 Ashburton Place Boston, MA 02108 (617) 727-2200 DATED: Oc tobilt 19, 1988

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Ut3ITED STATES OF AMERICA LW C t1UCLEAR REGUI.ATORY COMMISSIO!1'88 OCI 21 P3 :45 cm .

00D i 'g , ,

)

In the Matter of )

)

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

)

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CERTIElCATE_Of_ SERV _LCE I, Allan R. Fierce, hereby cert:if y that on October 19, 1988 I made service of the within MASSACHUSETTS ATTORNEY GENERAL'S SECO!1D SET OF._

INTERROGATORIES TO APPLICAtlTS ON THE SEABROOK PLAN FOR MASSACilUSETTS.

COMMUNITIES; MASSACilUSETTS ATTOR! LEY GENERAL'S SECO!1D REQUEST FOR Tile PRODUCTIOli OF DOCUMENTS TO THE APPLICANTS REGARDING THE SEABROOK P L A_N FOR MASSACHUSETTS COMMUNITIES; MASSACHUSETTS ATTORNEY GENERAL'S FIRST PEUUEST FOR THE PRODUCTION OF DOCUMEllTS TO THE FEDERAL EMERGENCY MAllAGEMEt1T AGENCY REGARDIllG THE SEABROOK PLAN FOR MASSACHUSETTS COMMUt1TTIES; and fOTICE OF DEPOSITION, by First Class Mail, or by hand-delivery as Indicated by (*) to the following parties:

Sherwin E. Turk, Esq. Docketing and Service U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission office of General Counsel Washington, DC 20555 15th Floor 11555 Rockville Pike Rockville, MD 20852 Ivan Smith, Chairman Gustavo A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Pegulatory U.S. fluclear Regulatory Commission Commission East West Towers DuiIding East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda. V i 20814 Dr. Jerry Harbour Robert R. Pierce, Esq.

Atomic Safety & Licensing Board Atomic Safety & Licenstnq Hoard U.S. Nuclear Regulatory U.S. 11uc le a r Regulatoty Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway B e t. h u n d a , MD 20814 Bethe.sda, MD 20814

,4 H. Joseph Flynn, Esq. Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Disbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, 11H 03301 Docketing and Service Paul A. Fritzsche, Esq.

U.S. fluclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, flH 03874 Drinkwater Road Hampton Falls, 11H 03844 Atomic Safety & Licensing Robert A. BactJs, Esq.

Appeal Board Panel Dackus, Meyer & Solomon U.S. tiuclear Regulatory 116 Lowell Street .

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Commission P.O. Box 516 Washington, DC 20555 Manchester, t1H 03106 [

Atomic Safety & Licensing Jane Doughty -

Board Panel Seacoast Anti-Pollution League U.S. fluclea r Regulatory 5 Market Street Commission Portsmouth, t1H 03801 Washington, DC 20555 Matt. hew T. Brock. Esq. J. P. 11adeau Shaines & McBachern Board of Selectmen 25 Maplewood Avenue 10 Central Road P.O. Dox 360 Rye, Illi 02870 Portsmouth, ilH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street Kensington, llH 03827 Portsmouth, llH 03801 6

} Senator Gordon J. Ilumphrey Angelo Machiros, Chairman i U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road

(Attn

Tom Burack) flewbu ry , MA 10950 Senator Gordon J. Ilumphrey Edward G. Molin i 1 Eagle Square, Suite 507 Mayor 1 Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 l

Donald E. Chick William Lord Town Manager Board of Selectmen Town of Exeter Town liall 10 Front Street Friend Street 4

Exeter, till 03833 Amesbury, MA 01913 i

j Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road fiolmes & Ellis Brentwood, 1111 03033 47 Winnacunnet Road Hampton, !JH 03841 Philip Ahrens, Esq. Ellyn Weiss, Esq. ,_

Assistant Attorney General Harmon & Weiss p Department of the Attorney Suite 430 ,

General 2001 S Street, fl . W .

State House Station #6 Washington, DC 20009 Augusta, ME 04333

• Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

Ropes & Gray Hampe & Mctlicholas 225 Franklin Street 35 Pleasant Street Roston, MA 02110 Concord, !!H 03301 Deverly Hollingworth Ashod t). Amirian, Esq.

209 Winnacuntlet Road 376 Main Street Hamptot. IIH 03842 Haverhill, MA 01830 William Armstrong Michael Santosue,so, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, PH 03827 Exeter, !JH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson

, Board of Selectmen Board of Selectmen ,

l Town Dffice 13-15 tiewmarket Road j l Atlantic Avenue Dutham, 11H 03824  ;

fl o r t h fl a m p t o n , 1111 03062 I

Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director 1110 Wimbledun Drive Town of Hteritwood McLean, VA 22101 20 Franklin Street i Exeter, flJ 03833 l

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Charles P. Graham, Esq. Barbara St. Andre, Esq.

Murphy & Graham Kopelman & Paige, P.C.

33 Low Street 77 Franklin Street tiewbu rypo t t , MA 01950 Boston, MA 02110

.1udith H. Mizner, Esq. R. Scott Hill-Whilton, Esq.

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

& McGuire & McGuire 79 State Street 79 State Street tiewbu.yport, MA 01950 tiewburyport, MA 01.*;50 t

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Allan R. Fierce  !

Assistant Attorney General tiuclear Safety Unit .

Department of the Attorney General l One Ashburton Place [

Doston, MA 02108-1698 I (617) 727-2200 DATED: October 19, 1968 [~

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