ML20205M085

New England Coalition on Nuclear Pollution Motion to Compel Answers to Necnp First Set of Interrogatories & Request for Production of Documents to Applicant on Rev 2 to State of Nh Radiological Emergency Response Plan.* W/Svc List

ML20205M085
Person / Time
Site:	Seabrook
Issue date:	03/27/1987
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-2958 OL, NUDOCS 8704020266
Download: ML20205M085 (6)

Text

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eMarch 27, 1987 i - ISCKETED~

i UNITED -STATES NUCLEAR -REGULATORY. C'OMMISSION USNRC BEFORE THE ATOMIC' SAFETY AND LICENSING BOARD.

'87 itAR 30 Pl2:37 In the Ma tter of )

0FFICE OF SECRETARY  !

) DOCMETING A SERVICl; '

Public Service Con.pany of ) ,

-BRANCH $

New Hampshire, et al.- ) Docket- Nos. 5 0-443 OL I ,

)'- 150-444 OL l l

(Seabrook Station, Units 1 & 2) ) OFFSITE EMERCENCY

) PLANNING ISSUES 2

}-

NEW ENGLAND COALITION ON NUCLEAR. POLLUTION'S

'. MOTICN TO COMP EL ~ ANSWERS TO NECNP'S FIRST SET-OF INTERROGATORIES AND REQUEST FOR -

THE PROEUCTION OF-DOCUMENTS TO APPLICANTS j

ON REVISION 2 TO THE NEW HAMPSHIRE-RADIOLOGICAL EMERGENCY RESPONSE PLAN' s

The New England Coalition on Nuclear Pollution ("NECNP")

4 hereby requests that ' the Licensino Board order; the' Applicants to' provide answers to the following interrogatories to which Applicants have' objected or-supplied inadequate answers.

l In Interrogatorv 2, NECNP asked ' Applicants- to stato their position on each of the contentions that has been acmitted with i respect to Revision 2 of the New Hampshire RERP. Applicants object to the interrogatory to the extent that it would require Applicants to state their position with respect to other inter-venors' contentions. Applicants' position contradicts the clear language of 10 C.F.R. S 2. 7 40( b) (1) , which provides.that Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, whether it relates to the claim or defense of the party seeking discovery or~to the claim or defense of-any other party ...

8704020266 870327 PDR ADOCK 05000443 G PDR 60[3

Although the Commission is considering a change to that provi-sion, no change has yet been instituted. The current rule gov-erns. Applicants must answer .the interrogatory.

In Interrogatory 7, NECNP asked Applicants to identify all individuals.who participated in the preparation of the New Hampshire RERP. Applicants partially answer the interrogatory but fail to supply the title of each listed individual, as requested in NECNP's interrogatories under the definition of the term "ioentify" with respect to individuals. Applicants have not sought a protective order with respect to this aspect of the interrogatory, and should be compelled to answer it completely .

Interrogatories 10 and 11 seek information relating to com-munications or agreements between Applicants and the Teamsters Union and Teamsters enployment contracts. Applicants object that the interrogatories are "beyond the purview of Of fsite Emergency Planning hearings ' law of the case' as established by rulings of the Atomic Safety and Licensing Board," but fail to cite a single ruling in support of their position.

The standard for discovery in NRC proceedings is one of relevance. 10 CFR S 2. 740( b) (1) . Pretrial discovery is to be

" liberally granted to enable the parties to ascertain the facts in complex litigation, refine the issues and prepare adequately for a more expeditious hearing or trial." Pacific Gas & Electric Co. (Stanislaus Nuclear Project, Unit 1), LBP-78-20, 7 NRC 1038, 1040 (1978). See also Illinois Power Company (Clinton Power Sta-

, ,~,

tion, Unit 1), LBP- 81-61, 14 NRC 1735,1742 (1981) . Applicants' vague and unsupported assertions constitute insufficient basis for the issuance of a protective order under this standard.

Clearly, interrogatories 10 and 11 are relevant to NECNP Conten-tion NHLP-6 and Hampton Revised Contention IV to Revision 2 in that they seek information relating to the availability and reliability of bus transportation in the EPZ. ~ The State of New

!!ampshire now relies to a significant extent on the Teamsters Union to provide buses and bus drivers. The purpose of the interrogatories is to obtain information regarding the bases for any Teamster commitments to respond to a radiological emergency, the willingness of Teamster drivers to respond, the Teamsters' understanding of their responsibilities under the plans, and whether any conflicting responsibilities exist in the Teamsters' employment contracts. These issues are well within the scope of-relevant inquiry in NRC emergency planning hearings. See Cincin-nati Gas & Electric Co. (William H. Zimmer Nuclear Power Station, Unit No. 1), ALAE-727,17 NRC 7 60, 772-774 (1983); Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2), LBP-85-14, 21 NRC 1219,1319-26 (1985). Applicants should'be com-pelled to answer the interrogatories.

In Interrogatory 14, NECNP asked Applicants to, among other things, provide their calculations of dose savings from the range of accidents consicered in developing the New Hampshire RERP. In Interrogatory 15, NECNP asked Applicants to identify and provide

t access to any and all of Applicants' calculations of potential dose consequences to the public in the event of a radiological emergency at Seabrook, and the bases for those calculations.

In answering Interroaatory 14, Applicants state that "there is no requirement" to make such dose savings predictions, and also state that they have made none.1 With respect to Inter-rogatory 15, Applicants object that the interrogatory " lacks regulatory basis."

The correct standard for discovery is whether it is relevant to the subject matter of this proceeding and is reasonably calcu-lated to lead to the discovery of admissible evidence. 10 CFR S 2.740(b)(1). NECMP Contention RERP-8 and Hampton Contention VIII to Revision 2 challenge the adequacy of sheltering facilities in the Seabrook EPZ to protect the public health and safety.

Quantitative calculations of potential doses and dose savings are highly relevant to the determination of whether those protective actions are acequate, and the effects of a lack of adequate shelter. NUREG-0654 directs energency planners to gather information about the timing, duration, time before exposure, and kinds of radioactive materials released in order to develop P

1 Although Applicants in f act answered this interrogatory, they nevertheless appear to object to the question. NECNP treats the answer as an objection because it is not clear whether Applicants consider themselves obligated to answer this interrogatory for purposes of later supplementation.

effective emergency plans. NUREC-0654 at 7-8. The inter-rogatories are relevant and must be answered..

Respectfully submitted, Diane Curran HARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D. C. 20009.

(202) 328-3500 March 27, 1987 I certify that on March 27, 1987, copies of the foregoing Motion to Compel were served by hand, federal express, or first-class mail on all parties to this proceeding, as designated on the attached service list.

O Diane Curran L 1

1 l

SEAb001 SERVICE LIST -- 0FFSITE LICENSING BOARD l

4HelenF.Hoyt,Chairaan North Haspton, NH 03826 442J.W.McCorsack(POCH)

Ateele Safety and Licensing Boston, MA 02109 Board J.P. Nadeau rSherwin E. Turk, Esq.

U.S. NRC Town of Rye Office of General Counsel Sandra Gavutis Washington,D.C. 20555 155 Washington Road U.S. NRC RFD 1 Bor 1154 Rye, New Haspshire 03870 Washington,D.C. 20555 East tensington, NH 03827

• Dr. Jerry Harbour AtteicSafetyandLicensing RichardE.Sullivan, Mayor Mr. Angie Machiros, Chairaan CharlesP.Grahaa,Esq.

feard CityHall Board of Selecteen Mclay, Murphy and Grahi,e U.S. NRC Newouryport,MA 01950 Newbury, MA 01950 100 Main Street Washingtcn,D.C. 20555 Asesbury,MA 01913 Alfred V. Sargent, Chairsan H.JosephFlynn,Esq.

• GustaveLinenterger toard of Selecteen OfficeofGeneralCounsel ..............

AtcalcSafetyandLicensing TownofSalisbJry,MA 01950 FEMA Board 500 C Street S.W. *Byhand U.S. NRC Senator Gordon J. Husphrey Washington,D.C. 20472 Washingtcn,D.C. 20555 U.S. Senate ** ly Federal Express Wasnington, D.C. 20510 George Dana Eisbee, Esq.

Atcalc Safety and Licensing (Attn. Ice Eurack) Geoffrey 1 Huntington, Esq.

Board Panel OfficeoftheAttorneyGeneral U.S. NRC Selecteen of Northaeotcn State House Annex 2asnington,D.C. 20555 Northasotcn, seu Hasosnire Concord, NH 03301 03826 Atcalc Safetf and Licensing AllenLaspert A9 peal Ecard hnel Senator 60rdon J. Huschrey Civil Deferise Director U.S. SRC 1 Eagle Square. Ste 50/ Town or Brentowood Washington, 3.0. 20555 Concord,NH 03301 Ereter, NH 03833 Docketing and Service Micnael Santosuosso, Chairsan Richard A. Haece, Esq.

U.S..NRC toard of Selecteen Hance and McNicholas

%ashington,D.C. 20555 Jewell Street, AFD 8 2 35PleasantStreet South Hanoten, NH 03842 Concord,hH 03301 Mrs. Ant;e E. Goocean foardofSelectaen hdith 4. Mizner, Esq. Gary W. Holees. Esq.

13-15 New Market Road Silverglate, Gertr.er, et al. Halses&Ellis Durhas, NH 03342 88 Broad Street 47 Winnacunnent Road Boston,MA 02110 Haspton, NH 03842 WilliasS. Lord,Selectsan Town Hall -- Friend Street Rep. Roberta C. Pevear WilliasArestrong Asesbury, MA 01913 Drinkwater Road CivilDefenseDirector Haspton, Falls,NH 03844 10 Front Street Jane Doughty Exeter, NH 03833 Phillip Ahrens Esq.

SAPL 5 Market Street AssistantAttorneyGeneral CalvinA.Canney Portssouth,NH 03801 State House, Station 8 6 City Manager Augusta, ME 04333 CityHall Carols.Sneider, Esquire 126DanielStreet AssistantAttorneyGeneral'  ::ThomasG.Dignan,Esq. Portssouth,NH 03801 1AshburtonPlace,19thFloor R.I. Gad II, Esq.

Boston, MA 02108 Ropes & Gray Matthew T. Brock, Esq.

225 Franklin Street Shaines&McEachern Stanley W. Inowles Boston, MA 02110 P.O. Box 360 BoardofSelectaen MaplewoodAve.

P.O. 10: 710 RobertA.Backus,Esq. Portssouth, NH 03801 ~ X Backus,Meyer&Soloson . -

111LowellStreet Edward A. Thoeas Manchester, NH 03105 FEMA - m; ,

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