ML20205N306

New England Coalition on Nuclear Pollution Supplemental Answers to Applicant First Set of Interrogatories,Etc & Answers to Applicant Interrogatories & Request for Production Of....* W/Svc List.Related Correspondence

ML20205N306
Person / Time
Site:	Seabrook
Issue date:	10/31/1988
From:	Curran D HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#488-7409 OL, NUDOCS 8811040045
Download: ML20205N306 (8)

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i afLATED CORRESPONDEN i October 31, 1988  ;

C00KETED UNITED STATES NUCLEAR REGULATORY COMMISSION -UNC i i

l BEFORE THE ATOMIC SAFETY AND LICENSING BOARQ

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88 NW -2 AH :57  :

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In the Matter of ) ,:,n g j. j

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Public Service Company of ) . . . . _ . t.19: ,

New Hampshire, et al. ) Docket Nos. 50-443 OL '

) 50-444 OL i (Seabrook Station, Units 1 & 2) ) OFFSITE EMERGENCY l

) PLANNING ISSUES l

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NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S - - t SUPPLEMENTAL ANSWERS TO APPLICANTS' FIRST SET OF INTERROGATORIES ETC. AND ANSWERS TO l j

APPLICANTS' INTERROGATORIES AND REQUEST FOR -

PRODUCTION OF DOCUMENTS ... CONCERNING JOINT INTERVENOR CONTENTIONS 6. 1-26 and 27-63--

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

submite.the following supplemental answers to "Applicants' First Set of Interrogatories, etc.," and answers to "Applicants' Inter-rogatories and Request for the Production of Documents ... Con-corning Joint Intervonor Contentions 1-26 and 27-63." NECNP is )

I aware of its obligation to supplement interrogatory answers under l NRC rules of practice. l SUPPLEMENTAL ANSWERS TO FIRST SET OF INTERROGATORIES:

Interrogatory 5): Please list every admitted SPMC conten-tion which you do not intend to participate in litigating, i.e. concerning which you will not take discovery, present evidence, make arguments, conduct cross-examination, or sub-mit proposed findings.

ANSWER: NECNP intends to participate in litigating only conten-tions JI 17, 443, 61, and 62.

ANSWERS TO INTERROGATORIES ON CONTENTIONS 1-26:

Interrogatory 137: Do Intervonors assert that there are circumstances for which, following beach closure at the Site h$R O k3 O )5g)

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i Area Emergency classification, greater dose savings would be achieved by an instruction to the transient beach population i to shelter rather than evacuate? If so, please describe in detail all such circumstances, and state all the facts y underlying your answer.

ANSWER: NECNP is unable to evaluate this proposition because it does not have enough information about the characteristics, capacity, or location of shelters in the Massachussetts sector of

) the EPZ.

Interrogatory 138: Please state all the facts underlying 8 Intervenors' assertion that "substantial portions of the beach population are entrapped by the, traffic congestion

generated by an order to evacuate and cannot-remove them-selves from areas close-in to the plant for many hours," and ,

i define (with quantification) "substantial portions" and j "many hours."

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) ANSWER: As NECNP did not author this language, it is not aware of i

i what facts may underly it, other than what is already stated in the contention and its bases. i 1 Interrogatory 139: Please state all the facts, other than i those discussed in response to the preceding inter-l rogatories, underlying Intervonors' assertion that "no i' choice of protective actions is set forth in the SPMC for large numbers of people," and define (with quantification) i "large numbers."

i ANSWER: As NECNP did not author this language, it is not aware of l

, what facts may underly it, other than what is already stated in l 1 >

I the contention and its bases. l t

ANSWERS TO INTERROGATORIES ON CONTENTIONS 6 and 27-63: l I

l Interrogatory 103: Pleano list all emergency responso i actions, other than those listed in Basis A.2 and footnote f i 25 ef JI Contention 44A, which Intervonors assert that NHY- i j ORO could not legally implomont without prior government l

authorization. For each responso action listed in your ans- '

War, and for each responso action listed in Basis A.2 and

)! footnote 25, state what govern =ont official (s) or l j ontity(ion) could grant such authorization to:  !

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(a) NHY-ORO -

(b) a foreign corporatior ;

(c) private individuals not residents of Massachusetts;.

l (d) private individuals who ate residents of Massachu- _

setts; (e) a Massachusetts corporation; .

(f) a Massachusotts regulated utility. .

Please state all the facts underlying your answers.

ANSWER: At this time, NECNP is aware of no information other than what is contained in the bases supporting this contention.

Interrogatory 104: Please state all the facts underlying _

Intervenors' assertion that "to the extent New Hampshire -- -

Yankee is functioning only es a ' managing agent' for the Seabrook Owners then its pledge of its own resources is -

suspect."

ANSWER: As NECNP did not author this language, it is not aware of what facts may underly it, other than what is already stated in the contention and its bases.

Interrogatory 105: Please describe in detail, and produce all documents that reflect or refer to, every delegation of emergency responso authority to private individuals or entities that has occurred within the last fifty years pur-suant to any and/or all of the following Massachusetts statutos (and/or their predecessor statutes):

(a) Special Laws Ch. 31, 5 4.

(b) General Laws ch. 48, 5 10.

" " ch. 48, 5 44A (c) " "

(d) ch. 908,6 25

" " ch. 22, 56 (0) " "

(f) ch. 85, 55 (g) " " ch. 31, 9 48 ANSWER: NECNP is unaware of any such dologations.

Interrogatory 275: Please stato all the facts underlying Intervonor's assortion that Applicants "have failed to show what emergency responso noasures will be taken by the Massa-chusotts stato and local governments in the event that Mode 1 of the SPMC is followed."

ANSWER: The facts undorlying this assortion are described in the basis of NECNP Contention 3.

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Interrogatory 276: Please state all the facts underlying i Intervenor's assertion that "[t]he means by which the state and local governments are thus presumed to ' follow' the SPMC . i in Mode 1 consists only of using Applicants' resources in-carrying out an ad hoc response." - - -

F ANSWER: The facts underlying this assertion are described in-the basis of NECNP Contention 3.

Interrogatory 277: Please state all the facts underlying  ;

Intervenor's assertion that "[t]he mere provision of. _ i resources to support an unplanned emergency response does ,

not adequately compensate for the state and local govern- ,

ment's lack of preparedness to respond to an accident;at;; -- j Seabrook." -

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ANSWER: The facts underlying this assertion are-described.in;the - l I

basis of NECNP Contention 3.  !

Interrogatory 278: Please state all the facts underlying Intervonor's assertion that "to the extent that it con-templates the integration f state / local emergency response '

functions with those of the ORO, the SPMC is hopelessly cum-bersome and confusing."

ANSWER: The facts underlying this assertion are described in the basis of NECNP Contention 4. l Interrogatory 279: Please state all the facts underlying i Intervenor's assertion that the "parallel existence of gov- l ernment and ORO emergency response organizations" creates i "cumbersome communication and coordination problems." j ANSWER: The facts underlying this assertion are described in the basis of NECNP Contention 4.

Interrogatory 280: Please stato all the facts underlying Intervonor's assertion that the "stops of communicating and l coordinating" are "time-consuming," identify each step and i the personnel involved, and state how much tino is required i for each stop.  ;

1 ANSWER: The facts underlying this assertion are described in the l

basis of NECNP Contention 4. The SPMC does not identify in any detail stops to be taken for communication and coordination of an l

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emergency response; therefore we cannot identify each of those i

steps. For this reason, we do not know how much time would be necessary to complete each step. -

Interrogatory 281: Please state all the facts underlying Intervenor's assertion that "(flor each function" the "steps.

of agreeing on divisions of responsibilities and all of the i accompanying logistics, including communication and sharing of equipment and personnel" are "time-consuming," identify each step and the personnel involved, and state how much .

time is required for each step. . . ...

i ANSWER: See answer to Interrogatory 280. -

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Interrogatory 282: Are the facts stated in your responses ,

to the previous three interrogatories all the facts underly-- [

ing Intervenor's assertion that the "SPMC does not provide a '

mechanism by which the state and local governments can '

swiftly and officiently intoract with ORO officials to mount a timely and adequate response to an accident."

ANSWER: Yes.

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Interrogatory 283: Please state all the facts underlying i Intervonor's assortion that "the result of any attempt by ,

i Massachusetts governments to ' follow' the SPMC would be l utter confusion." L ANSWER: The facts underlying this assertion are described in the l basis of NECNP Contention 4. l 1

Interrogatory 284: Pleano state all the facts undorlying

! Intervonor's assortion that "(gjiven the high population l donsity of the Saabrook EPZ and the relatively long time f 4

required to ovacuato the area, thore is no room for the con- .

i fusion and dolay that would arico if stato and local govern-  !

i monts attempted to implomont the SPMC during a radiological l

{ omorgency." Please also state what Intervonors assert is  ;

4 the "population density of the Seabrook EPZ" and the "timo  !

i required to evacuato the area," and stato all the facts, l 3 estimatos, and observations underlying your answers. l I ANSWER: The facts undorlying this assortion are described in the 3

1 basis of NECNP Contention 4. NECNP has not quantified the popu-lation density of the Seabrook EPZ or the timo necessary to l 4

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evacuate the Massachusetts sector of the EPZ. The statement is i

based on NECNP's reading of filings submitted in this case l regarding the SPMC, and on general observations made by counsel for NECNP during visits to the Seabrook area.:-

Interrogatory 285: Is the sole basis for Intervenor's l assertion that "[p)ublic notification, and coordinated PARS. ,

between the states, will at a minimum, be unreasonably ,

delayed under actual emergency conditions that "(m)any gov- .

ernment officials in both states are unfamiliar with the f planning documents"? If not, please state all the-facts, _

underlying that assertion. -- -

ANSWER: As NECNP did not author this language,rit is not aware of. -

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f what facts may underly it, other than what is already stated in i

the contention and its bases.  ;

Interrogatory 286: Please state all the facts underlying i Intervenor's assertion that "(m)any government officials in both states are unfamiliar with the planning documents," and ,

identify all the "governmerit officials" who would be  !

invovled in a radiological emergency response whom Inter- t venors assert "are unfamiliar with the planning documents." (

, ANSWER: As NECNP did not author this language, it is not aware of l 4

1 what facts may underly it, other than what is already stated in l the contention and its bases. I Interrogatory 287: Please state all the facts underlying i Intervonor's assertion that "Nowbury officials in command  !

and control of omorgency functions are unfamiliar with the  !

contents of the SPMC." i i

ANSWER: As NECNP did not author this language, it is not aware of j l

what facts may undorly it, other than what is already stated in the contention and its bases.

i Intorrogatory 288: Plosse stato all the facts, other than l thoso discussed in responno to the procoding intor-rogatories, underlying Intervonor's assortion that the SPMC l "does not componsato adequatoly for the lack of preparodness of stato and local officials to respond to a radiological omorgency at Seabrook," and defino "adequately."

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ANSWER: The facts underlying this statement are discussed in the basis of Contention 4. NECNP considers that "adequate" compensa-tion for nonparticipation of state and local governments would consist of actions necessary to provide an equivalent level of protection to the public health and safety as would be achieved by full compliance with 10 cfR $ 50.47(a) and (b).

Respectfully submitted, LC lano Curran HARMON, CURRAN & TOUSLEY 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009 (202) 328-3500 October 31, 1988 CERTIFICATE OF SERVICE I certify that on October 31, 1988, copies of the foregoing pleading were served by hand, overnight mail, or first-class mail on all parties to this proceeding, as designated on the attached service lict.

f'Diano Curran .

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SEABROOK SERVICE LIST C7fsite Licensing Board , , , , , ' '-.

Stanley W. Knomics Matthew T. Drock. Esq. K ,f

'Ivan W. Smith, Chairman Board of Selectmen Shainea & McEachern Atore's Safety and Ucensing Doard P.O. Box 710 P.O. Dos 360 U.1 Nuckar Regulatory Coremission North II %pton, Nil 03826 Maplewood Avenue Washington, D C 20555 Portsmosth, Nil 03801

• g g N $)) .$ 7 J P. Nadeau

'Dr. Jerry llartx)ur Tunn e' Rye Sandra Gmtis Atomic Lfety and bcensing Board 155 Washington Road RfD 1 Dos 1154 ky _, ,o U.i Nulcar Regulatory Cornmasion Washington, D C 20$$$

Rp,Newllampshtre 03870 East Kensington,bli 03827 g',jj,h' f ,.

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' ' " w !! I Senatoe Gordon J. Ilumphrey Robert A. Dackus Esq.

'Oustae unenberger U.1 Senate Backus, Meyer & Golomon Atomic Safety and Ucensing Ocard Washington,D,C 20510 111 towell Street U.S. Nuclear Regulatory Commasson (Atta. Tom Durack) Manchester, Nil 03105 Wuhington, D C 20555 Richard A. llampe. Esq. 'She rmu E. Turk, Esq.

Robert R. Pwree, Faq. llampe and McNicholas Offkw of General Counsel Atomk Safety and Ucensing Doerd 35 Picasant Street U.i Nuclear Reguiatray Commission U.S. Nulcar Regulatory Commission Corwerd N1103301 Washington, D C 20555 Washeigtan. D C 20$55 Gary W. llotmes, Esq. 11. Joseph flynn, Esq.

Atomic Safety and Ocessing Ilotmes & Filis Office of General Counsel Ibard Panel 47 Winnacunnent Road IT.M.A U.S Nxicar Regula*c ' Commission llampton, N11 03M2 500 C Street SW.

Wuhington, D C 205;$ Washington, D.C 20472 William Armstrong Docketing and Sernce Branch GW Defense l> rector George Dana Disbee, Esq.

U.S Nuclear Regulatory Commission 10 Front Street Geoffrey M. Ilontington, Esq.

Washington, D C 20555 Exeter, N1T 03833 Office of the Attorney General State llouse Annes Wilham i lord, Selectman CaMn A. Canney Concord,N18 03301 Town llail- FnenJ Street Oty Manager 1 Amesbury, MA 01913 . Gry llat! IL Scott liill.Whilton 126 Daniel Street lagouhs, Cla rk, Ilill.Whilton Mrs Anne F. Gualman Portsmouth, N11 OM01 and McGues Daard of Selectmen 79 State Stree.

1115 New Market Road Edw grd A. Thomas Newbur> Tort .\t% 01950 Durttam, Nll 0%42 FEMA 42 J.W. McCormack (POCll) Dian S.debosham Senator Gordon J. Ilumphrey Ikxton, MA 02109 RIV e 2 Dos 12to 1 Eagle Square, Ste 507 Putney, VT 05}46 Concord,511 C3301 Charles P. Grahac., Esq.

McKay, Murphy and Graham Rxhard Doro*n Whzel Santcuuosso, Chairman 100 Main Street EMA ikiard ri Sclectmen Amesbury, MA 01913 42 J.W. McCormack (POCll)

Jeweu Street, RID s 2 Deston, MA 021C9 Souta llarnpton, Nll 03M2 Alfred V. Sargent, Chairman Daard of Selectmen Jane Doughty l Judah 11 Miiner, Esq Town of Salabury, MA 01950 irl" S.herglaie. Gertner, et al. 5 Market Street 88 DmaJ Street Rep. Roberta C Pewar Portsmouth. N11 03s01 Iksson. .\tA 02110 Dnnkwater Road llampton Falls, h11 0M44

'Thornas G Dignan, Faq IR Gad II, Esq. Pht!!ip Ahrent, F2q.

Ropa & Gray Assatant Attorney General ,

225 Frsakha Street State flouse. Station #6

• Owrnight Delrwry i Ikuton, MA 02110 Auswa, Mil 04333 I

Carol S Sneider, Faquire Alka trnpen i Assatant Attorney General Gul Defense Director 1 Ashburton Ptace,19th floot To n of Brento=tus Deston. MA 02104 Facter, N11 OM33