ML20205M306

New England Coalition on Nuclear Pollution First Set of Interrogatories & Request for Production of Documents to FEMA on Rev 2 to State of Nh Radiological Emergency Response Plan.* Related Correspondence

ML20205M306
Person / Time
Site:	Seabrook
Issue date:	03/05/1987
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Federal Emergency Management Agency
Shared Package
ML20205M150	List: ML20205M146 ML20205M272 ML20205M306 ML20205M330 ML20205M339
References
OL, NUDOCS 8704020340
Download: ML20205M306 (5)

Text

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i March 5, 1987 UNITED STATES NUCLEAR REGULATORY. COMMISSION BEFORE THE-ATCMIC SAFETY AND LICENSING BOARD

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In the Patter of )

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Public Service Company of )

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

) 50-444 OL-(Seabrook Station, Un its 1 se 2 ) ) CFFSITE'EMERCENCY

) PLAUNING ISSUES

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NEW ENCLAND CCALITION CN NUCLEAR FCELUTICN'S FIRST SET OF INTERFCGATORIES AFD_FECUEST FCR THE FRCDUCTICM OF CGCCMENTS TC FEMA CN REVISION 2 TO THE !.EW HAMFSHIPE RACIGLCGICAL EMEFGENCY FEEFCMSE PLAN introduction Al tnoug h the Eederal Ere rgency Manacement Agency (" FEMA") is r.o t technically a party to this proceedinc, it-plays a major role

n the review ano litigation of the emergency planning process.

"he Nuclear Pegulatory Cormission ("MFC" cr " Commission") regula-tions require it to rely on FEMA for its own findings regarding the adequacy of emergency planning and preparedness. 10 C . F.R. S

50. 4 7( a) (2 ) . FENA's findings constitute "rebuttabl~e presump-tions" in NRC proceedings. Id . A 1980 Pemorandum of Understand-ing between FEMA and the NRC further requires FEMA to "take the lead in offsite emergency planning and assess state and local emergency plans for adequacy." 45 Fed. Peg. 82,713 (December 16, 1980). The Memorandum of Understanding also provides that FEMA will make expert witnesses available in NRC proceedings, includ-ing discovery proceedings. Id.

9704020340 870305 PDR ADOCK 05000443 G PDR

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, In light of-FEMA's central role in the litigation of~emer-gency planning at Seabrookk, discovery of- FEMA's . position on the issues raised in this litigation and the basis'for its position, including documents and experts it relies on, is essential to meaningful participation by the New England Coalition on Nuclear Pollution in this case. Therefore NECNP directs these inter-togatories to FEMA. Since-the Commission is responsible for presenting FEMA's testimony, the interrogatories are being served on the NPC for referral to FEMA.

INSTFUCTIONS FCF USE The following interrogatories are to be answered in writing.

anc uncer oath ty an employee, representative or acent of FEPA with personal knowlecae or tne facts or inforration recuested in each interroaatory. He reminc you of your obligation to supple-ment answers to interrogatories, uncer 10 C . F . F . S 2.740(e).

The following definitions shall apply to these inter-rogatories:

1) "cocument" shall mean any written or graphic matter of cormunication, however produceo or reproduced, and is intended to be comprehensive and include without limitation any and all cor-respondence, letters, telegrams, agreements, notes, contracts, instructions, reports, demands, memoranda, data, schedules, notices, work papers, recordings, whether electronic or by other means, computer data, computer printouts, photographs, microfilm, microfiche, charts, analy ses , intra-corporate or intra-office

32 communications, notebooks, d iaries, sketches, diagrams , forms, manuals, brochures, lists, publications, drafts, telephone minutes, minutes of meetings, statements, calendars, j ournals, orders, confirmations and all other written or graphic materials of any nature whatsoever.

2) "Identif y" w ith respect - to any document shall mean to state the following: the document's title, its date,.the author of the cocument, the person to whom to document was sent, all persons who received or reviewoo the document, the sucstance and qature of the document, ano the present custodian of the document ino of any and all cocies of the document.

3) "Identi f y" w itn respect to any action or conduct shall rean state the follcwing regarcing any such action or conduct:

the person or persons proposing anc taking such action; the date such action was proposec anc/or taken; all persons with knowledge or information about such action; the purpose or proposed effect of such action; and any document recording or documenting such action.

4) "Cescr ibe" w ith respect to any action or matter shall mean state the following regarding such action or matter: the substance or nature of such action or matter; the persons partic-ipating in or having knowledge of such action or matter; the cur- l i

cent and past business positions and addresses of such persons; j and the existence and location of any and all documents relating to such action or matter.

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5) " Identify" with respect to an individual shall mean state the individual's name, address, employer, occupation, and title.

INTEFROGATORIES

1) In accordance with 10 C.F.R. S 2.740(e), please supple-nont your answers to NECNF's First Set of Interrogatories and Requests for the Production of Documents to the Federal Emergency Management Agency, filed Ap ril 30, 1986.

2) tihat is FEMA' s position on each each of the conten-tions that have been admitted in this proceeding with respect to Fevision 2 of the Eew Hamp shire Paciological Eme rgency Fesponse Flan? bhat is the basis for your position?

3) Flease identify anc produce at the of fices of Ha rmon &

We iss , on or be f or e t'a r ch 19, 1987, all documents on which you rely or intend to rely during this proceeding to support your position on each of the contentions that have been admitted in this proceeding with respect to Revision 2 of the New Hamp shir e Padiological Emergency Response Plan. This includes but is-not limited to all documents used in answers to these inter-rogatories, summary disposition motions, testimony, and cross-examination of witnesses during hearings.

4) Please icentify and produce at the of fice of Ha rmon &

heiss on or before Ma rch 19, 1987, copies of all documents in which FEMA or its contractors has assessed the adequacy of the New Hampshire RERP with respect to any of the issues admitted for litigation by the Licensing Board's order of February 18, 1987.

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5) Please identify all persons on whose factual knowledge, opinions, or technical expertise you rely or intend to rely for your position on each of the contentions that have be'en admitted in this proceeding with respect to Revision 2 of the New Hampshire Radiological Emergency Fesponse Plan.

6) Please identify all FEMA personnel or contractors who ray testify as witnesses on each of the contentions that have been admitted in this proceeding with respect to Revision 2 of the New Hampshire Radiological Emergency Response Plan. Please cescribe the substance of their testimony; and identify and describe any documents and the portions thereof that they may rely on for their testirony.

Pe spectf ully submitted, D

D Ciane Curran l' AFMCN & WEISS 2001 "S" Street M.W. Suite 430 Wa s h ing ton, C. C. 20009 Ma rch 5,1987 (202) 328-3500 I certify that on March 5, 1987, copies of the foregoing interrogatories were served by Federal Express or by hand on FEMA, the NBC Staf f, the Executive Director for Operations, the Licensing Board, the State of New Ha mp s hir e, and Applicants; and by first-class mail on all other ties listed on the attached service list. ,

[ W Diane Curran l