ML20205K233

NRC Staff Response to Town of Amesbury First Set of Interrogatories & Request for Production of Documents to NRC on Seabrook Plan for Commonwealth of Ma Communities.* W/ Certificate of Svc.Related Correspondence

ML20205K233
Person / Time
Site:	Seabrook
Issue date:	10/26/1988
From:	Bergquist S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	AMESBURY, MA
References
CON-#488-7388 OL, NUDOCS 8811010030
Download: ML20205K233 (10)

Text

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d 73W u(LArEO COMWW.O 10/26/88 o DOCHEir0 UWC UNITED STATES OF AMERICA '88 OCT 28 P3:10 4 h0 CLEAR REGULATORY C0m !SS10h r( ; .,. i

!LEf p,R,E,J,H,E,,A,T,0M,1,C, ,$,Af,E,1,Y, ,A,Np, (1,C,E,N,5 I N_G B0 A R D a in the Matter of [

)l Cccket Nos. 50-443 OL Ftf;LIC SERVICE COMPANY Of h 50-444 OL HEW HAMPSh!RE, e_t,al.t ) Off-site Emergency Planntrg i

(Seabrcok Station Units 1 and 2 h t

NRC STAFF'S RESF0NSE TO TOWN OF AMESBURY'S FIRS 1 SE1 0F INTERROGATORIES AND REQUEST FOR THE FRODUCTION OF DOCUMENTS TO THE NUCLEAR REGULATORY C0MMISS10N ON THE SEABROOK P L AN FOR, f',A,$,5,A,C,k0,$,E,1,T,S,

, ,C,(EU,N,11,1,E,S, ,( Sf f,C) i The hRC Staff ("Staff") hereby responds to the ' Town of Amesbury's First t Set of Interrogatories and Requests for the Production of Cocunents to the Nuclear Regulatcry Cceriission on the Seabrook Flan for Fassachusetts Consunities (SFFC) " filed on October 6,1980. M As a preliminary matter, the Staff notes that the Nuclear Regulatory Corrission is not a patty to this proceeding, and the resperses set forth herein are solely those of the Staff, l whit.h is a prty to this proceeding, further, it should be noted that interrogatories addressed to the Staff [

l are goverred by the need-based discovery provisions of 10 C.F.R.

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l t C.7EO(h)(2)(ii) -- requiring a fornal finding of necessity by the presiding l officer -- rather than the general discovery provisions of 10 C.F.R.

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'/ These. answers are filed two days late, with the consent of Counsel for ,

I TCA, due to an une.*pected and total breakdown of Staff Counsel's word- f processing equiprent in which these answers previously had been stored in ,

draf t forn.,  :

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0011010030 801026 I PDR G

ADOCK 05000443 b {

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2 i 2.740. Y Also, since nost Staff documents related to licensing actions are publicly available under Coneitssion regulations, there is little need for formal discovery against the Staff. See P e n n sy,1,v,a,n i a Pow e,r, ,a,n,d, ,L,i p,h,t, ,Co2 (Susqueharna Steen Electric Station Units 1 and 2), ALAB 613,12 NRC 317, 323 (1900) (discovery against Staff on "different footing" than discovery against other parties; Staff docum>ents publicly available pursuant to 10 C.F.R. 5T.790). The Town of Amesbury ("TOA") has failed to address these require-sents, and has failed to seek a requited finding by the presiding officer that answers to the it.terrogatories are "necessary to a proper decision" and "are not reascr. ably ottainable frce, any other source". Nonetheless, except as specifit. ally cbjected to herein, the Staff in this instance voluntarily resrcrds to the propourdtd interrogatories. In so doir.g. the Staff reserves the right to require full ccepliance with the Concissieri's regulations b, any future discovery.

GENFPAL CNEC110N The Staff objects to T0A's interrogatories and docurent requests to the extent that they call for the disclosure of litigation strategy, attorney-work picduct, privileged attorney-client materials, and other privileged naterials 2

'/

10C.F.R.6P720(h)(2)(ii)providesinrelevantpart:

[A] party r.ay file with the presiding officer written intertogatories to be answered by KRC personnel with knowledge of the facts designated by the Executive Directer for Cperations. L'pon a finding by the presiding cfficer that answers tc the interrogatories are necessary to a proper decisinr. in the proceeding and that answers to the interrcgatories are not reasorably obtair.able frce any otter scutce, the presiding cfficer may require that the staff arsg.or the interrogatories.

3 such as draft FEMA /RAC reports. input to FEMA /RAC reports, and individual RAC

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resibers' cone.ents on FEMA / PAC reports. 3_/

f NTERROG,A,1,0,RJ, J With respect to each contention arid basis adniitted by the I Licensing Board regarding the SPMC. please provide the followinn inforf.ation: '

a. What is the NRC's position with respect to each contention and basts? For each, identify the reasers for taking scur positior.

b. If the NRC has not yet taken a pcsition on any contention of basis, identify, for each, the infor1 nation which enust be provided, and/or the conditions or contingencies which irust ae satisfied, before NFC rnay take a position.  ;

c. Identify all pert.ons you stay call as witnesses concerning the SFFC litigation; the particular contention or basis on which each will testify; the subject snatter on which each will testify; the substance of each witness' testilnonyt the -

grounds for each opinion or testilriony; and identify any i docunents, indicating the relevant portion and citation, that ,

each witness will rely upon to support his testinony, and any docueents which NFC will offer into evidence through each  ;

witness. '

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d. Identify all persons on whose factual kncwledge, opinions, or  ;

technical expertise )cu rely for your position on each  :

contention ar.d basis. For each, state the substance of the i knowledge, opinions, or technical expertise relied on.

M5WER i

a. The Staff has not yet detettined what position it will tale, if any.  ;

with respect to the admitted contentions and bases in this proceeding. In this  ;

regard, the Staff notes that the adeitted contentions relate to offsite  !

erergency platining and preparedre55 ratters which, under a Memorandun of I h

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~/ Insofar as the Staff objects to the instant interrogatories, the Staff  :

bereby requests that the Licensing Ecard issue a protective order pursuant i to 10 C.F.R. { ?.740(c) precluding further discovery with respect to these  !

ina t ters .

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l l'nderstanding between the NRC and the Feceral Er.ergenc, Management Agency (FEMA), are generally within the scope of FEMA's review. The Staff does not possess any inforr.ation nor has the Staff developed a position concerning the l adequacy of the SPFC within the scope of the adn.itted contentions, which is different frorn the position of FEMA and/or the infortation in FEMA's pcssessten,

b. The Staff objects to Interrogatory 1(b) on the grounds that it calls for a speculative response and is not calculated to lead to the discovery of 1 ac'aitssible esidence. Notwithstending this objection, the Staff advises that it 1

has not identified or deterr tred what cor.ditions or contingencies cost be i satisficc' hefore it takes a position regarding any admitted contention er basis l fr this proceeding,

c. The Staff has not yet deterMned stether it will call any witness (es) or who such witness (es) would be, with regard to any odeittted contention or basis in tte SFVC litigation. Accordingly, the Staff is ur.able to state at this time which particular contentions such witnesses right address, the n r,starce of their te s tip.or.y . the grounds for their opinions. or which docunt.ts the witness (es) ray rely upon in support of their trstirony. In 1'ur t he r r e sr cr.se, the Staff notes that it may decide to retain an expert '

cer.solt ant te revit.w the evacuation time estirates (ETEs) contained in the SPMC. to the extent that an) litigation concerning the ETEs is required in this proceeding. l

0. St-( answers to Interrogatory 1(a)-(c), supra.

.t.h.1ERROGATORY 2 Please icentify and produce all dccupents that NFC. or its agents or cor, tractors has authored or ccrpilcd. and that discuss l tte adequacy or inadequac) of the SFVC. or any of the contentions 1

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5 or bases adniitted for litigation by the Licensing Board on the SPEC.

ANSWER The Staff objects to this interrogatory to the extent that it calls for the production of privileged attorr,cy-work product materials, privileged attorney-client materiais, and naterials which are otherwise privileged such as draf t FEMA /RAC reports, input to FEMA /RAC repcrts, and individual RAC men / trs' cwents on FEFA/RAC reports. Further, apart from such privileged naterials, r.o other docto-ents have been identified to date concerning the adequacy or inadequacy of i.he SPFC, other than FEFA reports, NPC Staff ' /eadirgs, and correspondence between FEMA and the NRC -- all of which materials either (1)have already been served upor. the parties, or (2)are available for it'spection and ccpying at the NRC's Public Document Room and/or Local Public Docun e r.t Roon. and hence are exempt from disclosure pursuant to 10 C. F. R.

I2.790(a).

INTEREQGA,T,0,RJ,j-As referenced in 10 C.F.R. i 50.47(c)(1)(iii)(B), identify tne "best efforts" that, in NRC's opinion, the Town of Arresbury

,. will nde in the event of a severe, fast-release radiological energency. Identify and produce all docunents, and sute all facts and opinions, upon which NPC relics to support this erswer.

ANSWER Pursuant tc 1C C.F.F.,  ! E0.47(c)(1)(iii)(B), in roaking its deterniination as to the adequacy of a ' utility plan" (such as the SFMC), the NRC will recogr.12e the reality that in an actual emergency, state and local governnent officials will exercise their best efforts to protect the health and safety of the public. Further, this regulation creates a rebuttabla presumption that, where the inability of an applicant for an operatirg license to comply with 10 C.F.R. ! 50.47(b) is wholly or substantie11y the result of non-participation

,. - - . . . . - - . , - - - - - . - n .- -

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E of state and/or local governnents, in the 6 erit of an actual emergency state and local officials would generally fellow the utility plan. In further response, the Staff states that it has rot yet formed an opinion as to the par ticular actions TOA rright or will te h in the event of any particular er:ergercy, althcugh it presun'es that T0A will exercise its best efforts in this regard.

,1,N,T,E,R,R,0GATORY 4 Identify and produce all docurrents (1) on which you rely to answer these interrogatories or (2) which you intend to offer as exhibits fri this proceeding for any purpose.

ANSWER (1) See answers to Interrogatories 1-3, supra. In further response, the Staff states that it relies upon the NRC's energency planning regulations and regulatory guidar:ce docurents, as well as regulatory roaterials such as the staten,ent of consideration published in the Federal Register upon the Concission's adoption of the "best efforts" presunption referenced above. See St,ater,e,n,t,,o,f,,Co,n,sf,deration, "Evaluation of the Adequacy of Cff-Sf

• e Errergency Plant;ing for Nuclear Power Plents at the Operating License Review Stage Where State and/or Local Coverncents Cecline to Participate in Off-Site Energency Planning", 52 Fed. Reg. 4? 078 (Nov. 3, 1987).

(?) The Staff has not y?t deterrnined whether it will effer any docurrents l

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7 as exhibits in this proceeding, inor has it identified any docun,ents which might be offered as exhibits in this proceeding.

1 Respectfully subritted, Stephen A. Bergquist Counsel for NRC Staff Dated at Rockville, Marylar.d this 20th day of October, 19r,8

SION NUCLEAR REGULATORY AND LICENSING BOARD

, 4 *t i .It.

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COMMIS BEFORE THE ATOMIC ) Docket Nos.SAFETY50 443 OL ~88 0CT pg P3 :J; 50-444 OL

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) Off-site Emergency pt, Plancing

'the Matter of ) 0 0c i mn .,-

NY OF )

' TIC SERVICE COMPAEW HAMPSHIRE, et a_I_.

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fc abrook Station, Units 1 and 2) s TO CERTIFICATE OF PRODUCTION SERVICE TS OF DO of "NRC STAFF'S OOKbeenPLAN RESPONS FOR is IES AND REQUEST FOR served on theor,MASSACHUSET THE as indicated I hereby certify that cop COMMISSION e ON THE SEABR FIRST SET OF aptioned INTERROGATOR proceeding havemail, first classComission's THE NUCLEAR h REGULATORY United States COMMUNITIES it in the Nuclear (SPliC)" RegulatoryAtomic above-cfollowing ission Saf by dep by an asterisk, by depos Board Panel (1)*

mail system, this 26th U.S. Nuclear Regulatory Com 20555 Ivan W. Smith, Chairman Board

• Washington, DC ion

• Administrative Judge ission Docketing aid Service Sect Atomic Safety and LicensingU.S.

20555 a Nuclear Regulatory Office of tie SecretaryRegulatory Comission Washington, DC

• U.S. Nuclea 20555 Washington, DC Gustave A. Linenberger, Board Jr. Thomas G. Dignan, Jr., Esq.

Administrative JudgeAtomicRobert Safety andIII,LicensingCommissin X. Gad, Esq.

U.S. Nuclear Regulatory 20555 Ropes & Gray 225 Franklin Street Washington, DC 02110 Boston, MA Dr. Jerry Harbour

• Board l Administrative Judge Comission H. J. Flynn, Esq. nt Agency Atomic Safety & Licensing Assistant General CounseFed U.S. Nuclear Regulatory 20555 500 C Street, S.W.20472 dashington, DC Washington, DC Atomic Safety and mission Licensing l Appeal Panel (5)*

U.S. Nuclear Regulatory Co 20555 Washington, DC I l

l 1

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o 2

Philip Ahren, Esq. Calvin A. Canney ,

Assistant Attorney General . City Hall Office of the Attorney General 126 Daniel Street State House Station Portsmouth, NH 03801 Augusta, ME 04333 R. Scott Hill-Whilton Carol S. Sneider Esq. Lagoulis, Clark, Hill-Whilton Assistant Attorney General & McGuire Office of the Attorney General 79 State Street One Ashburton Place, 19th Floor Newburyport, MA 01950 Boston, MA 02108 Allen Lampert George Dana Bisbee, Esq. Civil Defense Director Assistant Attorney Geaeral Town of Brentwood Office of the Attorney General 20 Franklin 25 Capitol Street Exeter, NH 03833 Concord, NH 03301 William Armstrong Ellyn R. Weiss, Esq. Civil Defense Director Diane Curran, Esq. Town of Exeter Harmon & Weiss 10 Front Street 2001 S Street, NW Exeter, NH 03833 Suite 430 Washington, DC 20009 Gary W. Holmes, Esq. ~

Holmes & Ellis Robert A. Backus, Esq. 47 Winnacunnet Road Backus, Meyer & Solomon Hampton, NH 03842 116 Lowell Street Manchester, NH 03106 4. P. Nadeau Board of Selectmen Paul McEachern, Esq. 10 Central Street Matthew T. Brock, Esq. Rye, NH 03870 Shaines & McEachern 25 Maplewood ment '

Judith H. Mizner, Esq.

P.O. Box 360 Silverglate, Gertner, Baker, Portsmouth, NH 03801 Fine, & Good 88 Board Street Charles P. Graham, Esq. Boston, MA 02110 McKay, Murphy & Graham 100 Main Street Robert Carrigg, Chairman Amesbury, MA 01913 Board of Selectmen Town Office Sandra Gavutis, Chairman Atlantic Avenue Board of Selectmen North Hampton, NH 03870 RFD #1, Box 1154 Kensington, NH 03827 e

3-William S. Lord Peter J. Matthews, Mayor Board of Selectmen City Hall Town Hall - Friend Street Newburyport, NN 09150 Amesbury, MA 01913 Michael Santosuosso, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen South Hampton, NH 03827 13-15 Newmarket Road Durham, NH 03824 Ashod N. Amirian, Esq.

Town Countel for Merrimac Hon. Gordon J. Humphrey 376 Main Street United States Senate Haverhill, MA 08130 531 Hart Senate Office Building Washington, DC 20510 Robert R. Pierce, Esq.*

Atomic Safety and Licensing Richard R. Donovan Board Panel Fejeral Emergency !!anagement Acancy U.S. Nuclear Regulatory Comission Federal Regional Cc;nter Washington, D.C. 20555 130 228th Street, .W.

Bothell, Washingt 98021-9796 Stepherf A. Bergquist

[M u Counsel for NRC Staff l

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