ML20205F993

Response of Commonwealth of Ma Atty General to NRC Staff Third Set of Interrrogatories & Request for Production.* Certificate of Svc Encl

ML20205F993
Person / Time
Site:	Seabrook
Issue date:	10/25/1988
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20205F966	List: ML20205F961 ML20205F993
References
OL, NUDOCS 8810280173
Download: ML20205F993 (7)

Text

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4i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:

Ivan W. Smith, Chairman Gustave A. Linenburger, Jr.

Dr. Jerry Harbour

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In the Matter of ) Docket Nos.

i

) 50-443-OL,50-444-OL PUBLIC SERVICE COMPANY ) (Off-Site EP)

OF NEW HAMPSHIRE, EI AL. )

)

(Seabrook Station, Units 1 and 2) ) October 25, 1988

_ _)

RESPONSE OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE NRC STAFF'S THIRD SET OF INTERROGATORIES AND ret)UEST FOR PRODUCTION Jntroduction The Massachusetts Attorney General ("Mass AG") files this response setting forth answers and objections to the Staff's third set of discovery requests. In addition, the Mass AG, joined by other Intervenors, has filed today a motion seeking additional time in which to respond to that third set. The purpose of filing this response is simply to note and preserve objections pending the Board's disposition of the motion to extend time.

8810200173 001025 PDR ADOCK 05000443 G ppa

ARS1!ERS_ALID_0BJECIIDilS 6

1. No objection.

2. OBJECTION:

The Mass AG objects to interrogatory 2 on the grounds that it is not sufficiently concrete. The phrase "a radiological emergency at Seabrook Station" is not precise enough.

Depending on the nature and severity of such an emergency, the Commonwealth would, might or could take any number of actions.

Further, the Mass AG objects to detailing what the Commonwealth "might" or "could" do on the grounds that this involves only speculation.

3. OBJECTION:

The Mass AG objects to interrogatory 3 to the extent that it seeks what resources the Commonwealth "may have." It is unclear what "may have" adds to the inquiry concerning what resources we do have.

4. OBJECTION The Mas, AG objects to the form of interrogatory 4.

10 CFR S 50.47(b) and Section II of NUREG-0654 do not specify "actions" that are to be taken in the event of an emergency but articulate planning standards.

5. No objection.

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6. No objection except as to 6(g) which is repetitive.

7. No objection except JI41 is a legal contention and discovery is not open as to it.

8. OBJECTION:

JI42 is a legal contention and discovery is not open as to it. Further, 8(a) asks for legal argument. 8(b) through 8(i) seek information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence.

The issues presently relevant to licensing involve a best-efforts response by the non-participating governments at the time of an emergency. Inquiring about what nianning activities these governments would engage in, in the event of Seabrook Licensing, would involve pate speculation about irrelevant matters.

9-14 OBJECTION:

These interrogatories concern the legal contentions which do support discovery. Moreover, the Applicants have sought summary disposition on these matters and the Mass AG while its resfonse shortly.

15. No objection.

Respectfully submitted, JAMES M. SHANNON ATTO NEY GENERAL e

s By: _

John Traficontt

, Assistant Attorney General Nuclear Safety Unit One Ashburton Place / 19th Floor t

LCuCiU UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISgOTCT 26 P5 :57 crs n j

) 00Cd ] ~ "

In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Dochet No.(s)

NEW HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) (Off-site EP)

)

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CERTlflCAIE_QF_SERY1CE I, John Traficonte, hereby certify that on October 25, 1988 I made service of the within MOTION OF THE JOINT INTERVENORS TO EXTEND TIME WITHIN WHICH TO REPLY TO THE NRC STAFF'S THIRD SET OF INTERROGATORIES AND DOCUMENT REQUESTS AND THE APPLICANTS INTERROGATORIES REGARDING SPMC CONTENTIONS 1-63; and RESPONSE OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE NRC STAFF'S THIRD SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION, by First Class Mail or by Federal Express as indicated by (**] to the following parties:

• • Sherwin E. Turk, Eng. ** 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 **Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814

• • Dr. Jerry Harbour ** Robert R. Pierce, Esq. ,

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814

H. Joseph Flynn, Esq. Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal E.nergency Management Assistant Attorney General Agency Office of the Attorney General ,

500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301

• • Docketing and Service Paul A. Fritzsche, Esq.

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

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 r

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

Kensington, NH G3 82 7 Portsmouth, NH 03801 i

Senator Gordon J. Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Edward G. Molin 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Donald E. Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W. Holmes, Esq.

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

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

State House Station #6 Washington, DC 20009 Augusta, ME 04333 Thomas G. Dignan, Esq. Richard A. haiepc, Esq.

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

209 Winnacunnet Woad 376 Main Street Hampton, NH 03842 Haverhill, MA 01830 William Armstrong Michael Santosuosso, Chairman

Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03835 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director 1110 Wimbledon Drive Town of Brentwood McLean, VA 22101 20 Franklin Street Exeter, NJ 03833 Charles P. Graham, Esq. Barbara St. Andre, Esq.

Murphy & Graham Kopelman & Paige, P.C.

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

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

& McGuire & McGuire 79 State Street 79 State Street Newburyport, MA 01950 aburyport, MA 01950 l

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1 ie Jo raficonte

>s Jtant Attorney General h . ear Safety Unit apartment of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED: October 25, 1988

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