ML20205F675
| ML20205F675 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/25/1988 |
| From: | Brock M AMESBURY, MA, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#488-7363 OL, NUDOCS 8810280112 | |
| Download: ML20205F675 (30) | |
Text
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UNITED STATES OF AMERICA i
'88 DCT 26 P5 :45 f
NUCLEAR REGULATORY COMMISSION i
I' fill'F n:,i'/,6*h l
s OCKE fire Before the M A A.,
ATOMIC SAFETY AND LICENSING BOARD i
I 1
[
)
October 25, 1988 f
In the Matter of
)
)
Docket Nos. 50-443-OL
[
PUBLIC SERVICE COMPANY OF
)
50-444-OL l
NEW HAMPSHIRE, et al.
)
Off-Site Emergency
)
Planning Issues (Seabrook Station, Units 1 and 2)
)
)
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j 1
TOWN OF AMESBURY RESPONSE AND SUPPLEMENT TO NRC STAFF'S MOTION TO COMPEL ANSWERS I
TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS BY THE TOWN OF AMESBURY 1
j d
NOW COMES the Town of Amesbury (hereinaf ter "TOA") and responds I
to NRC STAFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND l
1 PRODUCTION OF DOCUMENTS BY THE TOWN OF AMESBURY, dated October 11, 1988, as follows:
1 GENERAL RESPONSE i
i In its motion, the Staff states that "TOA produced no documents" 5
That statement is inaccurate.
TOA i
i previously requested by the Staff.
(
j made two separate productions of documents to the Staff, before TOA had any notice of the Staf f's motion to compel, as evidenced by TOA i
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counsel's letters of October 3 and October 4, 1988.
See attached.1 Indeed, following its initial ANSWER to the Staff of September 23, 1988, TOA became aware that there could be documents within the scope of the Staff's request, so notified Staff counsel, Elaine Chan, and reached agreement with the Staff that those documents would be produced when available.
Subsequent to that conversation, ToA made the two above-referenced productions of documents.2 Similarly, the Staff's claims that TOA's answers to Staff interrogatories "were often incomplete, evasive and cryptic" is false.
Egg, Motion, p.
1.
As discussed hereafter, almost half of the Staff interrogatories (12 of 28) either improperly seek to compel TOA to perform legal research, or provide legal opinions, on issues never raised by TOA in this proceeding,3, or burden TOA with questions of
' State resources and capabilities, unknown to TOA, which obviously should be directed to lead intervenor Massachusetts Attorney General.4 1
Since Applicants made a similar request for documents, TOA mado production upon both Applicants and Staff.
2 As it has in the past, ToA is producing additional documents for the Staff, with this supplement, which recently became available.
Infra.
3 Egg, Interrogatories 15, 17, 18, 19, 20, 25.
4 Sag, Interrogatories 4, 8,
11, 12, 13, 14.
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SMANES Go McE ACMES.'s %vtsv% A
r RESPO!!SE TO MOTIOff TO COMPEL PRODUCTION OF DOCUMEtiTS AT THE OFFICE OF THE GENERAL COUNSEL AT THE liRC The Staff's motion again takes issue with a matter previously resolved by TOA and Staff counsel, who agreed it would be satisfactory In the event those for copies of documents to be mailed to the Staff.
copics proved voluminous and costly to reproduce, the Staff further agreed to assume such costs and copying expenses.
TOA believes this procedure for production is appropriate, and will continue to follow in accordance with its prior agreement with the Staff.5 it, RESPONSE TO MOTION TO COMPEL ANSWERS TO SPECIFIC IliTERROGATORIES In addition to the answers previously provided by TOA to the Staff interrogatories set forth below, TOA responds and supplements those answers as follows:
INTERROGATORY NO. 1:
Identify and supply each document containing procedures,
- plans, orders, instructions, directions, and training materials of the Intervenors for any action in the event of:
a radiological emergency or disaster stemming from a.
a nuclear plant accident whether the plant is located inside or outside of Massachusetts; b.
other radiological emergencies or disasters; all other "emergencies" or disasters as defined in c.
paragraph 4 of the above definitions.
5 From conversations with the Staff, however, TOA is in agreement tha ;
any drafts of radiolocical plans within TOA's possession nay be produced for Staff inspection at the offices of TOA, upon reasonable notice.
But see Note 6, infra.
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AN8WERt 1
(a-b)
This Interrogatory is objected to as overly broad and unduly burdensome.
To the extent the Staff seeks identification or production of documents concerning Intervenors other than TOA, or information on issles beyond ToA's jurisdiction, the Staff should address those inquiries elsewhere.
This Interrogatory is also obj ec'end to on grounds that, on information and belief, the Staff is already in possession of all planning documents concerning Seabrook Station, which were generated in conjunction with Applicants and the Commonwealth, prior to the vote by the commonwealth and ToA not to participate further in emergency planning for Seabrook Station.
ToA is not in possession of any documents involving radiological emergency planning generated since that date.
1 (c)
TOA has not approved any emergency or disaster plan for the Town.
RESPON8E AND SUPPLEMENT 1
(a-b)
All draf ts of radiological emergency plans within the possession of TOA will be produced for inspection by the Staff at the offices oC TOA at a reasonable time and upon reasonable notice.D 1
(c)
As referenced above, TOA has already served upon the Staff a copy of an "other ' emergencies' or disasters" plan for TOA, under cover letter of October 3,
1988.
TOA now identifies, and produces herewith a copy of a prior plant Town of Anesbury Enercency operations Plan (8/16/76, updated 11/1/79).
INTERROGATORY NO. 2 2.
With regard to each document set out in response to Interrogatory 1,
describe the functions in emergencies of any of the following categories of personnelt 6
With this response and supplement, however, ToA is providing the Staff a copy of what, to TOA's knowledge, is the most recent TOA draft radiological plant Town of Amesbury RERP Draft 2 (4/86).
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a.
State and local police, to include persons employed full or part
- time, and both private and public security i
personnel, such as special officers and deputies; i
b.
Civil Defense personnelt Professional or volunteer fire-fighting personnelt c.
d.
First aid and rescue personnel; e.
Local support services personnel including civil Defense / Emergency Service personnel; l
1 f.
Medical support personnel; g.
Emergency Service personnel; j
h.
Health and Environmental Department personnel i.
National Guard, Militia or Reserve personneli j.
Boards of Education, School Boards of Departments, and 1
teachers; 4
k.
Employees of all other State, local or municipal l
departments or agencies; a
i 1.
Individuals obligated to provide assistance pursuant to l
agreements to aid between municipalities or other government units, or pursuant to other agreements and j
m.
Individuals available to p: ovide assistance pursuant to agreements to aid between muracipalities or other government units, or pursuant to other agreements.
i ANewEn:
l 2.
See Answer to Interrogatory 1.
By way of further objection, the documents speak for themselves and the Staff i
has substantially greater resources to analyze these documents as it chooses, mESPONSE AND SUPPLEMENT:
Since the Staff's Motion states, inaccura':ely, that no production 1
of documents has been made by TOA, the Staff's motion on this l
Interrogatory is outdated.
ToA is therefore unclear if the Staff claims that TOA should be compelled to conduct research of the 5
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radiological and non-radiological plans for ToA, copies of which have now been served upon the Staff, or are available for inspection, to 4
provide answers to Interrogatory 2.
The detail sought in the Staff's requests, however, necessarily would require TOA to conduct a page by page review of these documents, a task the Staff has greater resources to perform.
In addition, ToA asserts that those documents produced Py TOA i
"speak for themselves."
A party is not obligated to conduct extensive independent research, beyond being required to perform reasonable i
I investigation to determine what information it actually possesses.
Pennsylvania Power & Licht Co.
(Susquehanna steam Electric Station, Units 1 and 2), ALAB-613, 12 NRC 317, 234 (1980).
It is clear that the discovery tools in federal practice generally are the same or similar to those provided for under Commission regulations.
Pacific l
Cas & Electric Co.
(Stanislaus Nuc1 car Project, Unit 1), LBP-78-20, 7 j
NRC 1038, 1040 (1978).7 J
l 7
Even where federal /NRC procedures are aQt identical, "The Board jnotesthattheAppealBoardhas followed federal rules and practices wnere an analogous NRC rule did not exist.
See. Public Service Co. of t
Jndiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-2 374, 5 NRC 417, 421 (1977) (additional views of Mr. Farrar, joined in i
by the entire Board)
While the Commission may have chosen to adopt only some of the federal rules of practice to apply to all cases, we need no infer that the Commission intended to preclude a licensing board from following the guidance of the federal rules and decisions in a specific case where there is no parallel NRC rule and where that guidance results in a fair determination af an issue."
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Pursuant to F.R.Civ.P.
33(c), a party is specifically afforded the option to produce business records, which ToA has, or has made available, to the Staff, in the form of emergency plans, in lieu of answering Interrogatory 2.
This provision of federal procedure was adopted, appropriately, to place "the burden of discovery upon its potential benefitee."
Advisory Committee Notes of 1970 to Subdivision (c).
As ToA originally asserted, "the Staff has substantially greater resources to analyze these documents as it chooses."
The Staff, I
therefore, should assume the burden of conducting its own analysis of these emergency plans since "the burden of deriving or ascertaining the answer is (at a minimum) substantially the same for the party serving the interrogatory as for the party served."
F.R.civ.P.
)
33(c).8 Finally, since the Staff seeks information from a limited number of documents already specifically identified, produced, and/or made l
available by TOA, ToA's production is an adequate response to this
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- Indeed, in this case, given the great disparity of resources l
between the Staff and ToA, the burden on the Staff to perform this document review is substantially less than the corresponding burden if ToA is compelled to conduct this time-consuming research.
If so l compelled, and given the number of Staff questions to be answered, TOA could compromise its legal budget for this proceeding, for the benefit i
of the Staff, and simultaneously and impair its ability to protect its i
own interests.
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e interrogatory.
- Eas, Commonwealth Edison Co.
(Byron Nuclear Power Station, Units 1 and 2), ALAB-678, 15 NRC 1400, 1421, Note 39 (1982)
(Identification of specific documents is an adequate response to an interrogatory where a party specifies "precisely which documents cited i
contain the desired information." Id. at N.39).
l INTERROGATORY NO. 3:
3.
Set out the training each of the category of personnel set out in Interrogatory 2 has to perform its function in an
- emergency."
2 ANSWER:
)
3.
See Answer to Interrogatory 2.
RESPONSE AND SUPPLEMENT:
3.
TOA has no responsive information beyond that pertaining to TOA personnels a.
Police:
Full-time Successful Police Academy trainingt Field Training; First Aid course; CPR training Part-time:
Part-time Police Academy First Aid courset CPR training Auxiliary Police:
Certification exam as reserve / intermittent officert First Aid trainingt CPR training, b.
Civil Defense Director:
State certification in emergency management
- training, including training in stabilizing those injured and transportation of same to medical facilities: State Fire Academyr in-house training in fighting fires and handling fire equipments radio operation: EMT training.
Volunteer:
- Training, including monthly drills, in radio operation and emergency lighting (from trucks):
Reserve:
75% have had radio operation and emergency lighting trainingt remaining 25% vill be trained in the near future.
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c.
Fire:
Professional / full-time:
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Man 2atory state certification in emergency management
- training, including training in stabilizing those injured and transporting same to medical facilities.
(2)
State Fire Academy and/or in-house training in fighting fires and handling fire equipment.
Volunteers (1)
In-house training in fighting fires and handling fire equipment.
I (2)
Most volunteers are provided some first aid training.
d.
First Aid and rescue:
See answer to subparts c and f.
i e.
Support services:
See answers to subparts b, c and f.
f.
Medical support:
See answer to subpart c; TOA hospital staff:
(1)
Doctors:
106 doctors on staff, with 22 active / full-time to TOA hospital.
(2)
Nurses:
41 R.N.,
35 L.P.N.,
92 nurse's aides or orderlies, approximately 80% of L.P.N.s and R.N.s have ACLS (Advanced j
Life Support) certification by the State, which focuses upon training for treatment of traumatic or more severe injuries.
g.
Emergency Service:
See answer to subparts c and f.
l h.
Health and Environmental:
TOA has one health officer with no emergency training.
1.
National Guard, Militia or Reserve:
Unknown.
j.
Boards of Education. School Boards or Departments, and i
teachers:
TOA School Board is elected with no emergency training; I
teachers have no emergency training beyond periodic fire drills, k.
Employees of all other State, local or municipal departments i
or agencies:
TOA personnel do not have emergency training beyond that i
identified above; otherwise unknown.
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Individuals obligated to provide assistance pursuant to agreements to aid:
ToA personnel do not have emergency training beyond that identified above; otherwise unknown.
m.
Individuals available to provide assistance pursuant to l
agreements to aid:
TOA personnel do not have emergency training beyond that identified abover otherwise unknown.
INTERROGATORY NO. 43 4.
Identify the Massachusetts Civil Defense agency areas in which the Seabrook plume emergency planning zone (EPZ) is located.
Provide the Civil Defense Plans for those areas and for the Commonwealth.
4 ANSWER j
4.
See Answer to Interrogatory 1.
l 1
i RESPONSE AND 8UPPLEMENT Interrogatory 4 represents the firct of a series of Staff i
interrogatories (agg also Interrogatories 8, 11, 12, 13, 14) which are improper, as unduly burdensome, since these questions seek information 1
)
on State resources, plans and procedures of the Commonwealth.
As the i
)
Staff is aware, this information could most exper.litiously, and t
l definitively, be obtained from the Massachusetts Attorney General, i
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TOA further states it has no knowledge of the information requested
[
in this interrogatory, except that TOA believes it is in Civil Defense Area 1.
This response, as stated, is complete and adequate.
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Power Co. (Catawba Nuclear Station, Units 1 and 2), LDP-82-116, 16 NRC f
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1937, 1945, Note 3 (1982).
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l INTERROGATORY No. 5 1
5.
Identify the number of individuals in each of the l
personnel categories listed in Interrogatory 2 (a)-(m), and I
the number of such personnel:
(a) within the 10-mile EPZ plume exposure pathway; (b) from 10 to 25 miles of Seabrook i
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Station; (c) from 25 to 50 miles of Seabrook Station; (d) from 50 to 100 miles of Seabrook Station: and (e) within the Commonwealth of Massachusetts outside the aforementioned areas.
ANSWER:
a.
Police:
1 Chief, 2 Lieutenants, 5 Sergeants, 23 full time, 6 reserve, 15 auxiliary.
b.
Civil Defense personnel:
1 Director /part-time,
15 volunteers, 20 reserve.
c.
Professional or volunteer fire-fighting personnel:
1 Chief, 1 Deputy, 28 professional and 14 volunteer.
d.
Firr'. aid and rescue personnel:
See Answer to 5(c).
e.
Local support services personnel including Civil Defense / Emergency Service personnel:
See Answer to 5(c).
f.
Medical support personnel:
250 cuployees Town of Amesbury Hospital.
g.
Emergency Service personnel:
See Answer to 5(c).
h.
Health and Environmental Department personnel:
1 1.
National Guard, Militia or Reserve personnel:
0 j.
Boards of Education, School Boards or Departments, and teachers:
School Committee:
7 memberst School Administration:
1 Superintendent, 4 Administrative Staff.
As of 1987-1988 - Teachers:
Horace Manni 1 Principal, 13 Teachers (including half-time)
Anes El ement a ry :
1 Principal, 32 Teachers (including 1 nurse) cashnan Elementary:
1 Principal, 45 Teachers (including 1 nurse)
Amesbury Middle:
1 Principal, 1 Assistant Principal, 49 Teachers (including i nurse)
Anesbury Hich:
1 Principal, 1 Assistant Principal, 58 Teachers (including 1 nurse) 11 i
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Employees of all other State, local or municipal departments or agencie:t:
Public Works Department:
40 (12
- Water, 6 Sewer, 24 Public Works); 3 Administrators; 1
Secretary; 1 Town Manager.
1.
Individuals obligated to provide assistsnce pursuant to agreements to aid between municipalities or other government
- units, or pursuant to other agreements:
See Answer to Interrogatory 1.
By way of further answer, TOA will assist other Towns if requested, and if TOA resources are available and not otherwise engaged, m.
Individuals available to provide assistance pursuant to agreements to aid between municipalities or other government units, or pursuant to other agreements:
See Answer to 5(1).
RESPONSE AND SUPPLEMENT:
only ToA responses 5(1) and (m) are disputed.
These responses initially set forth the policy of ToA to assist area towns when requested and when
- feasible, and that pledge of assistance, traditionally, is reciprocated by other Towns.
With respect to mutual aid agreements to fight fires, TOA believes the following towns are part of an Interstate Emergency Unit:
Portsmouth, Rye, Hampton, N.
Hampton, Hampton Falls, Seabrook, Salisbury, Amesbury and Merrimac.
With respect to mutual aid agreements for police and civil defense assistance, these departments would assist any town if requested, and if TOA resources are available.
There are no formal agreements co provide this assistance.
Such assistance, however, may be addressed i by State law, although TOA has done no research on this issue since it is equally available to the Staff.
TOA has not yet located documentation responsive to this interrogatory but will produce same when, and if, available.
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INTEAROGATORY No. 6:
6.
Identify the types and number of the following resources i
available for use in the event of emergencies pursuant to i
the documents identified in Interrogatory 1:
(a) police j
vehicles; (b) fire trucks (c) busest (d) vans; (e) other vehicles; (f) helicopters and other aircraft; (g) boats; (h) sirens and public notification systems; (i) radios; and (j)
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all other equipment.
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ANSWERt 6.
See Answer to Interrogatories 1 and 2.
I RESPONSE AND SUPPLENENT 1
In its motion, the Staff states it is "unclear" whether the l
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resources fully disclosed by TOA in answer to Interrogatory 7,
are available in an etiergency.
They are.9 TOA has no further information responsive to this request.
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7.
Identify the resources enumerated pursuant to Interrogatory 6(a)-
)
(j), according to their locations (a) within the 10-mile EPZ plume
[
exposure pathway; (b) f rom 10 to 25 miles of Seabrook Station; (c) from 25 to 50 miles of Seabrook Station; (d) from 50 to 100 miles of i
Seabrook Stations and (e) within the Commonwealth of Massachusetts J
outside the aforementioned areas.
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1 ANSWER:
See Answer to Interrogatory 1.
by way of further answer, TOA
[
]
owns the following resources:
(a) police vehicles:
1 staff car, 4 cruisers, 1 unmarked cruisar, I canine vehicles (b) 11 Fire Department Vehiclest (c) 0 busest (d) 1 van; (e) other vehicles, Public Work i
i Department has 7 pickup trucks, 10 dump trucks, 2 back hoes, 1 trojan i
1
- loader, 6 enclosed service trucks; School Department has 3 pickup j
truckst (f) 0 helicopttrs and other aircraft (g) 2 boats; (h) 1 fire hornt 1 public square sirent (i) radios; Police and Fire Departments j
j have rad:,os in vehicles and portable and (j) all other equipment.
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4 INTERROGATORY NO. 8 3
8.
Identify the number and location of Massachusetts J
National Guard units in each of the Intervonor I
jurisdictions, the number of members of each unit, their distance from the Seabrook plume exposure EP2, and the number and location of the following resources available for l
use by the Nationel Guard in emergencies:
(a) cars; (b) trucks; (c) vans; (d) helicopters; (e) other means of transportation; and (f) communication facilities, including radios and other means of public notification.
Sup31e the same information for any Militia or Reserve unit :.n such jurisdiction.
(rootnote:
If any of the data sought under 4
l Interrogatory 8 are withheld on the ground they are 3
classified, please indicate the type of data ao withheld.)
ANSWER I
j 8.
See Answer to Interrogatory 1.
RESPONSE AND SUPPLEMENT TOA adopts its response and supplement to Interrogatory 4, except that TOA understands there is a National Guard Armory in Newburyport.
INTERROGATORY NO. 9 9.
Identify any plans made for radiological monitoring in the event of a radiological emergency from any cause, including (a) the nuuber and location of personnel trained and available to accomplish such monitoring, and (b) a description and enumeration of radiological monitoring equipment available for use in such an emergency, along with identification of the equipment's location.
ANSWER 9.
See Answer to Interrogatory 1.
RESPONSE AND SUPPLEMENT In its original answers to Staff interrogatories, ToA identified 14 ma a w ucwas m m.
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l and sub::equently advised the Staf f, prior to notice of its motion to l
compel, that a copy would be produced.
That copy is now produced with i
this response and supplement.
i ToA has no knowledge of the requested information beyond that l
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which may be contained in thin 68 page document.
For reasons previously stated in respanse to Interrogatory 2,
the ' Staf f should I
conduct its own research of this document.
INTERROGATORY No. 10 i
t 10.
Identify any provisions made for handling of 3
)
individuals contam!nated in a
radiological emergency i
stemming from any cause, including (a) the number and i
I location of personnel trained and available to assist in decontamination of contaminated individuals, and (b) a i
description and enumeration of equipment available for use in decontamination, along with identification of the equipment's location.
(
t ANSWER:
4 i
i 10.
See Answer to Interrogatory 1.
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RESPONSE AND SUFFLEMENT!
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ToA adopts its response and supplement to Interrogatory 9.
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Identify all documents in your possession identifying facilities
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in Massachusetts which have or claim to have equipment, personnel or j
i expertise to trent radiologically contaminated individuals.
Supply i
such documents.
1 l
t Answers Hosoital Manacement of Radiation Accidents, Dennis Carlson, M.D.
(1980).
The Staff may inspect this document in accordance with I
i the conditions set forth in OBJECTION TO PRODUCTION OF DOCUMENTS, i
supra.
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l INTERROGATORY No. 11 I
11.
Identify any provisions made by the Massachuse 'ca l
Department of Agriculture, or other state or lou i
governmental agency, concerning protective measures to be used for the 50-mile ingestion pathway from any nuclear l
plant, including the methods for protecting the public from consumption of contaminated foodstuffs; and identify any t
procedures for detecting contamination, for imposing protective measures such as interdiction of food supply, impoundment, or quarantine, and for public notification i
concerning food contamination and the protective measuras to be followed, j
t ANSWER 11.
Saa Answer to Interrogatory 1.
(
RESPONSE AND SUPPLEMENTt f
i TOA adopts its response and supplement to Interrogatory 4.
(
INTERROGATORY NO. 12 I
12.
Identify the number of Massachusetts Civil Defense I
personnel according to location within the commonwealth, and i'
identify the amo~2nt and location of equipment available for their use to protect the public in the event of an emergency.
Set out of the training of Civil Dafense I
personnel.
ANSWERt 12.
See Answer to Interrogatory 1.
f I
RESPONSE AND SUPPLEMENT l
TOA adopts its response an' supplement to Interrogatory 4.
f INTERROGATORY MO. 13:
i f
13.
Identify the location of stations authorized to broadcast under Federal Emergency Broadcast System (EBS) regulations and the Massachusetts EBS operational Plan i
("operational Plan").
Provide a copy of the operational I
Plan.
j ANSWERt 13.
See Answer to Interrogatory 1.
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RESPONSE AND SUPPLEMENT TOA adopts its response and supplement to Interrogatory 4.
INTERROGATORY NO. 143 14.
Identify all documents, agreements and communications dated within the last five years concerning the operation of the EBS.
Produce a copy of all such documents, agreements and commut.1 cations.
ANSWER:
14.
See Answer to Interrogatory 1.
R1JPONSE AND SUPPLEMENT TOA adopts its response and supplement to Interrogatory 4.
INTERROGATORIES NO. 15, 17-20 15.
Identify the provisions of federal or state law which preclude activation of the EBS at the discretion of Idanagement of AM, FM, and television stations, in connection with day-to-day emergency situations posing a threat to the safety of life and property, such as hurricanes,
- floods, icing conditions, heavy snows,
- fires, toxic gases, power failures, industrial explosions, and civil disorders.
ANSWER 15.
See Answer to Interrogatories 1 and 18.
INTERROGATORY NO. 17 17.
With respect to each document identified in Interrogatory 1,
identify any Federal or state law or regulation pursuant to which each such document was prepared.
ANSWER:
17.
See Answer to Interrogat;:-ry 18.
17
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INTERROGATORY NO. 18 18.
Identify all Massachusetts statutes and regulations, and all local regulations, ordinances or other provisions, (a) concerning actions to be taken by state or local authorities, or those acting in their behalf, in the event of emergencies, including the preparation of plans for actions to be taken in emergencies; (b) concerning any prohibitions on any such actions or plans; and (c) concerning any prohibitions on any person or organization other than state or local authorities with respect to any such actions or plans.
ANSWER:
18.
See Answer to Interrogatory 1.
By way of further answer, this Interrogatory is objected to as calling for a legal opinion.
The Staff may inspect TOA's ordinances in accordance with the conditions set forth in OBJECTION TO PRODUCTION OF DOCUMENTS, suora.
INTERROGATORY NO. 191 19.
Set out the conditions, including citations to all applicable provisions of state and local laws and regulations, (a) under which state and local authorities may permit private individuals or organizations to take action on their behalf in an emergency; and (b) under which state and local authorities are precluded from authorizing private individuals or organizations from taking action on their behalf in an emergency.
ANSWER 19.
See Answer to Interrogatory 18.
INTERROGATORY NO. 201 20.
Set out examples illustrating the conditions described in Interrogatory 19(a) and (b).
ANSWER:
20.
See Answer to Interrogatory 1.
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RESPONSE AND SUPPLEMENT TO STAFF MOTION RE INTERROGATORIES 15, 17-20 According to the Staff, these interrogatories primarily seek identification of statutes, ordinances and legal opinions and theories "which TOA may rely upon in challenging the SPMC's legal authority."
- Motion, p.
12.
As to TOA, these requests are improper precisely because TOA has not filed a single contention "challenging the SPMC's legal authority."11 The Staff has cited to none, and TOA has no information responsive to these requests.12/13 11 cf. Joint Intervonor Contentions 44A, sponsored by Mass.
A.G.
(SPMC contemplates unlawful delegation) and 44B sponsored by NECNP (Mode 2 may violate State law).
12 TOA did file one basis, TOA 4(P), which challenged the legality of the SPMC for violating the TOA zoning ordinance regarding siren noise levels and establishment of a vehicle transfer area in a residential zone.
That basis, however, was rejected by the Board for litigation and is no longer an issue in the case.
In addition, this limited zoning issue does not come within the scope of the Staff's requests.
13 TOA has conducted no legal research to identify the statutes and i
ordinances requested in Interrogatories 15, 17-20 and as discussed above, TOA believes it is improper to expect TOA "to conduct extensive independent research" to answer these questions.
Pennsv1vania_ Poser & Licht Co.,
s_qpm, 12 NRC at 334.
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In addition, the Staff's effort to compel TOA to perform legal research, and provide opinions, on issues TOA has never raised in this p
proceeding is manifestly burdensome, involves complex questions of law, and would unduly drain TOA's limited resources to prepare the Staff's case, rather than protect TOA's interests.
Finally, the "legal support relied upon by TOA for challenging the Applicants' emergency planning activities,"
- Motion, p.13, has already been specifically identified in each contention initially filed by TOA on the SPMC.
That "legal support" for TOA contentions, however, is derived from Commission regulations and NUREG-0654 and
- not, as assumed by the Staff, in the referenced interrogatories, "State and local laws."14 INTERROGATORY NO. 21:
21.
Define what you consider to be "the beach" in the Massachusetts portion of the Seabrook Station EPZ.
Set out the geographic boundaries of that "beach" area.
ANSWER:
21.
This Interrogatory is objected to as irrelevant and not likely to lead to the discovery of admissible evidence.
14 While there is support for requesting, in appropriate circumstances, the "legal theory for a contention" from the sponsorina pjlu,t;y, In the Matter of Duke Power Co. (Catawba Nuclear Station, Units 1 and 2), LBP-82-116, 16 NRC 1937, 1946 (1982), it would be grossly unfair for D9D sponsoring Intervonors, as requested in the present
- case, to be compelled to research and present legal theories on complex issues they never raised in this litigation.
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INTERROGATORY NO. 22 22.
Using the definition of "the beach" you supplied in answer to Interrogatory 21, provide the following data along with a copy of any study or other document relevant to the following information:
(a) the maximum number of cars at the beach on the 10 busiest days within the last five years, along with indication of the time and date of such maxima; (b) the number of cars remaining at the beach following each 1/2-hour interval for the 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> after the aforementioned maxima; (c) the number of cars entering and leaving the beach during each 1/2-hour interval within the 8-hour period.
If you do not have data for 1/2-hour intervals, supply such data for the periods you have.
Indicate whether the foregoing computations were made manually or automatically.
ANSWER:
22.
See Answer to Interrogatories 1 and 21.
By way of further answer, TOA adopts the statements, testimony, and evidence presented by Intervenors, to the extent applicable, in the NHRERP litigation.
RESPONSE AND SUPPLEMENT TO INTERROGATORIES 21 AND 22:
Without waiving the objections previously raised by TOA, TOA states that it has no further information responsive to Interrogatories 21 and 22.
TOA has not made any determination at this time as to what evidence in the NHRERP litigation may or may not be relevant on these issues, a determination which TOA expects will be made by Intervenor experts at a later date.
INTERROGATORY NO. 23:
23.
Identify all studies conducted during the last five years concerning improving the movement of traffic in and out of "the beach" area.
Provide a copy of all such studies.
ANSWER:
23.
TOA has conducted no such studies.
See Answer to Interrogatory 1.
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INTERROGATORY NO. 24.
24.
Identify all studies conducted during the last five years concerning improving the movement of traffic in the event of emergencies within the Seabrook Station EPZ which include estimates of the volume of traffic or the time within which traffic can be evacuated.
Provide a copy of all such studies.
ANSWER:
24.
None.
See Answer to Interrogatories 22 and 23.
RESPONSE AND SUPPLEMENT TO INTERROGATORIES 23 AND 24:
Without waiving the objections previously raised by TOA, TOA states it has no information responsive to Interrogatories 23 and 24 beyond a general knowledge that traffic studies conducted by other parties were litigated in the NHRERP proceeding.
INTERROGATORY NO. 25:
25.
Identify all State and local laws arid regulations concerning the following actions to be taken in the event of radiological or other emergencies (s_qe definition 4):
(1) guiding traffic; (2) blocking roadways, erecting barriers in roadways, and channeling traffic; (3) posting traffic signs on roadways; (4) removing obstructions from public roadways.
including towing private vehicles; (5) activating sirens and directing the broadcast of EBS' messages; (6) making decisions and recommendations to the public concerning protection actions for the ingestion exposure pathways; (8) making decisions and recommendations to the public concerning recovery and reentry; (9) dispensing fuel from tank trucks to automobiles along roadsides; and (10) performing access control at the Emergency Operations Center, the relocations centers, and the EPZ perimeters.
ANSWER 25.
See Answer to Interrogatory 18.
RESPONSE AND SUPPLEMENT TOA adopts its response and supplement to Interrogatories 15, 17-20.
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Identify all studies performed during the last five years concerning the availability and possible use of sirens and 7ther means of emergency communication to the public in tra
- t. vent of emergencies.
Provide a copy of all such s:udies.-
ANScER:
26.
17A has conducted no such studies.
TOA adopts, and incorporates by reference all relevant statements, documents, reports, evidence or other information proffered by the Commonwealth concerning sirens and siren contentions for the Seabrook EPZ, with supporting documentation as detailed therein and as previously filed in this proceeding.
See Answer to Interrogatory 1.
RESPONSE AND SUPPLEMENT:
TOA states it has no information responsive to Interrogatory 26 beyond a general knowledge that other parties, including Applicants and the Massachusetts Attorney General, have been involved in litigation which may include sirens studies.
INTERROGATORY NO. 27:
27.
Identify all sirens or other means of emergency communication in the Scabrook EPZ which can be heard by the general public.
ANSWER:
27.
See Answer to Interrogatories 1, 7(h) and 26.
RESPONSE AND SUPPLEMENT:
The Staff, inaccurately, states there is no Interrogatory 7 (1),
which is indeed "perplexing" since it is the Staff's own interrogatory.
TOA's answer to 7(h) provides there is "1 fire hornt 1 public square siren."
S_qa, N.9, supra.
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INTERROGATORY NO. 283 28.
Identify all studies performed by Intervenors during the last five years concerning planning for emergencies.
Produce a copy of all such studies.
ANSWER:
28.
See Answer to Interrogatory 1.
RESPONSE AND SUPTLEMENT TOA has no irformaticn beyond that contained in response to Ini:crrogatory 1.
CONCLUSION To the ' extent now available, TOA believes it has provided all informat bn and documents properly requested by the Staff.
Should the Staff pursue further its notion to compel, however, that motion should be DENIED.
Respectfully submitted, TOWN OF AMESBURY By Its Attorneys SHAINES & McEACHERN Professional Association W.
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Lated:
October 25, 1988 By s
Matthew T.
Brock 25 Maplewood Avenue Portsmouth, NH 03801 (603) 436-3110 24 SP4AINES fo WE AOefMN f*Cf Ellv% Ai A%50C' AT Ord w s e p e-e s > v r
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October 3, 1988 Thomas Dignan, Esquire Ropes & Gray 225 Franklin Street Boston, MA 02110 Sherwin E. Turk, Esquire Office of General Counsel U.S. Nuclear Regulatory-Commission 15th Floor - One White Flint North 11555 Rockville Pike Rockville, MD 20852 Re:
Public Service Company of New Hampshire, et al (Seabrook Station, Units 1 and 2)
Gentlemen:
Pursuant to "Town of Amesbury Reponse to Applicants' Motion to Compel Answers to Interrogatories and Production of Documents by Amesbury, Haverhill, and Merrimac" enclosed please find TOWN 3
OF AMESBURY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
Very truly yours, Matthew T.
Brock i
MTB/jlr Enclosure i
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October 4, 1988 Jeffrey Trout, Esquire Ropes & Gray 225 Franklin Street Boston, MA 02110 Re:
Public Service Company of New Hampshire, et al (Seabrook Station, Units 1 and 2)
Dear Jeff:
Pursuant to your request of this date, enclosed please find:
1.
Commonwealth of Massachusetts Appointment Orders No.87-007, dated August 16, 1987, with attached Title III public Notification Service.
2.
Correspondence from Angela
- Boggs, Manager, Industrial and Environmental Health, Adams-Russell, to Michael Basque, Amesbury Town Manager, dated April 20, 1988.
3.
Correspondence from Angela
- Boggs, Manager, Industrial and Environmental Health, Adams-Russell, to State Emergency Response Commission, dated April 20, 1988.
4.
Correspondence from Angela
- Boggs, Manager, Industrial and Environmental Health, Adams-Russell, to State Emergency Response Commission, dated April 20, 1988.
5.
Correspondence from Angela
- Boggs, Manager, i
Industrial and Environmental Health, Adams-Russell, to Michael
- Basque, Amesbury Town Manager, dated April 20, 1988, with enclosed Tier II Inventory Forms.
i 6.
Correspondence from Richard A.
- Clark, Director, Amesbury Civil Defense Agency, to Michael Basque, Amesbury Town Manager, dated August 21, 1987, with onclosures.
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Page Two October 4, 1988 This will also confirm our agreement that the documents concerning Adams-Russell shall remain confidential.
very truly yours b.
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Matthew T.
Brock MTB/jlr Enclosures cc:
(w/ enclosures)
NRC Staff F
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p CERTIFICATE OF SERVICE I,
Matthew T.
- Brock, one of the attorneys f6& 00hd26TB5n47of Amesbury herein, hereby certify that on October 25,
- 1938, I made service of the foregoing docur.ent, TOWN OF AMESBURY RESPONSE AND SUPPLEMENT TO NRC STAFF'S MOTION TO COMPEL ANSWERS TOvM{TERROGATORIES AND PRODUCTION OF DOCUMENTS BY THE TOWN OF AMESBURY and. TOWN OF AMESBURY FIRST SUPPLEMENT TO NRC STAFF'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO THE TOWNS OF AMESBURY, NEWBURY, SALISBURY, WEST NEWBURY AND MERRIMAC, AND THE CITY OF NEWBURYPORT by depositing copies thereof in the United States Mail, first class postage prepaid for delivery (or, where indicated, by Express Mail, prepaid) addressed to:
- Ivan Smith, Esq., Chairman
- Dr. Jerry Harbour Atomic Safety & Licensing Board Atomic Safety & Licensing Board (Off-Site)
(Off-site) d U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Comm.
l East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814
- Judge Gustave A. Linenberger, Jr.
- Atomic Safety & Licensing Atomic Safety & Licensing Board Appeal Board Panel (Off-Site)
U.S. Nuclear Regulatory Comm.
i U.S.
Nuclear Regulatory Commission Wachington, DC 20555 East West Towers Building 4350 East West Highway
- Thomas Dignan, Esq.
Bethesda, MD 20814 George H.
Lewald, Esq.
Kathryn A. Selleck, Esq.
- Adjudicatory File Ropes & Gray Atomic Safety & Licensing Board 225 Frankin Street Panel Docket (2 copies)
Boston, MA 02110 U.S. Nuclear Regulatory Commission East West Towers Building
- Carol S.
Sneider, Esq.
l 4350 East West Highway Stephen H. Oleskey, Esq.
Bethesda, MD 20814 Allan R.
Fierce, Esq.
Department of the Atty. General
- Stephen E. Merrill, Esq.
One Ashburton Place l
George Dana Bisbee, Esq.
Boston, MA 02103 Office of the Attorney General State House Annex
- Diane Curran, Esq.
l Concord, NH 03301 Andrea C.
Ferster, Esq.
Harmon & Weiss 2001 S Street, N.W.,
Suite 430 i
l Washington, DC 20009-1125
{
..e
- Sherwin E. Turk, Esq.
Office of General Counsel U.S.
Nuclear Regulatory Commission
- Richard R.
Donovan 15th Floor - One White Flint North Federal Emergency Mgmt. Agency 11555 Rockville Pike Federal Regional Center Rockville, MD 20852 130 228th Street, S.W.
Bothell, Washington 98021-9796 Philip Ahrens, Esq.
Robert A.
Backus, Esq.
Assistant Attorney General Backun, Meyer & Solomon Office of the Attorney General 111 Lowell Street State House, Station 6 Mancheuter, NH 03105 Augusta, ME 04333 Jane Doughty Richard A. Hampe, Esq.
Scacoast Anti-Pollution League Hampe and McNicholas 5 Market Street 35 Pleasant Street Portsmouth, NH 03C01 Concord, NH 03301 William S.
Lord, Chairman Charles P. Graham, Esq.
Board of Selectman Murphy & Graham Town of Amesbury 33 Low Street Town Hall, Frier.d Street Newburyport, MA 01950 Amesbury, MA 01913 R.
Scott Hill-Whilton H. Joseph Flynn, Esq.
Lagoulis, Clark, Hill-Whilton Office of General Counsel
& McGuire Federal Emergency Mgnt. Agency 79 State Street 500 C Street, S.W.
Newburyport, MA 01950 Washington, DC 20472 Ashod N. Amirian, Esquire Judith H. Mizner, Esq.
376 Main Street 79 State Street Haverhill, MA 01830 2nd Floor Newburyport, MA 01950 Senator Gordon J.
Humphrey Senator Gordon J.
Humphrey U.S.
Senate One Eagle Square, Suite 507 Washington, DC 20510 Concord, NH 03301 (Attn:
Tom Burack)
(Attn:
Herb Boynton)
John H. Frye, III, Alternate Chairuan James H. Carpenter. Alternate Technical Atomic Safety & Licensing Board Panel Member U.S. Nuclear Regulatory Commission Atomic Safety 6 Licensing Board Panel Washington, DC 20555 U.S.11uclear Regulatory Commission Washington, DC 20555 l
l 1
2
- *ee Leonard Kopelman, Esquire
- Robert R.
Pierce, Esq.
Barbara J. Saint Andre, Esquire Atomic Safety & Licensing Board Kopelman & Paige, P.C.
Panel
~77 Franklin Street U.S.
Nuclear Regulatory Comm.
Boston, MA 02110 East' West Towers Bui3 ding 4350 East West Highway Bethesda, MD 20814
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Brock
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