ML20205R812
| ML20205R812 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/07/1988 |
| From: | Sneider C MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20205R786 | List: |
| References | |
| OL, NUDOCS 8811100133 | |
| Download: ML20205R812 (12) | |
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i DCtKETED UiNi-c l
l UNITED STATES OF AMERICA gg pgy.g p4;52 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 7s -
Before the Administrative Judges:
MC 'E l
Ivan W. Smith, Chairman Gustave A. Linenberger, Jr.
Dr. Jerry Harbour 1
s l
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In the Matter of
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Docket Nos. 50-443-OL
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50-444-OL PUBLIC SERVICE COMPANY
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(Off-Site EP)
OF NEW HAMPSHIRE, EI AL.
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(Seabrook Station, Units 1 and 2)
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November 7, 1988
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MASSACHUSETTS ATTORNEY GENERAL *S MOTION TO COMPEL ANSWERS TO INTERROGATORIES BY APPLICANTS l
Commonwealth of Massachusetts Attorney General James M.
j Shannon ("Mass AG") hereby moves the Board, pursuant to 10 CFR 1
S 2.740(f), to issue an order compelling applicants to respond to the following interrogatories objected to by applicants in "Applicants' Response to '[ Mass AG's] First Set of Interrogatories to Applicants on the (SPMC)'" ("Applicants t
Aesponse").
The interrogatories, applicants' objections l
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thereto and the grounds in support of this motion are as j
l follows.
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l 8811100333 881107 l
PDR ADOCK 05000443 l
0 PDR.
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Mais_AG_latsriss a to ry__No. 4(d1 asks applicants ts list tho names, addresses and phone numbers of the drivers for she read crew companies currently being relied upon to supply road crewe in the event of a radiological emergency at Seabrook Station, Applicants object to this interrogatory "insofar
.4 it seeks i
residential addresses and phone numbers."
Applicen.s
Response
at 10.
I Applicants provide no basis for their objection to tS!1 i
Interrogatory, presumably, the grounds for not disclosino 'he addresses are to protect the privacy interests of the drivers.
The information regarding residential addresses is nevertheless l
needed by Mass AG in order to determiae the location from which these drivers may need to drive to reach their posts in the event of an emergency at Seabrook Station and, thus, to assess t
the drivers' probable response times.
In recognition of the driver's privacy interests, however, Mass AG moves to compel responses that would disclose only the city or tosn and state l
in which each of these drivers lives.
To the extent that such 1
disclosure would still infringe on the drivers' privacy interests, Mass AG's need for this information must outweigh f
that limited interest.
f tiass AG Interingatory No. 6(al seeks the name, home l
addresses and phone numbers of each NHY ORO Traffic Guide, j
Applicants object to providing the residential addresses and j
phone numbers.
Applicants' Response at 11.
Mass AG has need F
for this information for the same reasons set forth under i
I Interrogatory No. 4(d) and moves to compel a response that
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would provide the city or town and state in which each Traffic Guide lives.
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e-i MassJkG_ Inter rositon_No_21 a s ks :
In the event of a radiological emergency at Seabrook Station, what facility does ORO intend to use as a Staging Area, assuming no changes in the 1
zoning laws in Haverhill and no court decisions which overturn the city's interpretation of its zoning laws.
Applicants object to this Interrogatory "on the ground that it l
calls for speculation based on events unlikely to occur" and "on th9 ground it calls for legal conclusions as to whether the Havethi!L Staging Area may be used under the Haverhill zoning laws ss interpreted by the City of Haverhill and the courts of the Conmenwealth of Massachusetts."
Applicants' Response at 23.
t Aprilcants' objections to this Interrogatory are unfounded.
Tha interrogatory does not call for unreasonable speculation, as can be seen by the fact that Applicants were not able to i..Td the staging area in Haverhill during the exercise of thw SPMC due to the city's determination that such use violated the city'. toning laws.
The Interrogatory also i
r does not ash for leq conclusions; it simply asks Applicants
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l to identify what facility they intend to use as a staging area in the event the courts uphold the City of Haverhill's l
f determination th9t the proposed use violates the zoning laws.
If Applicants, out of belief that the facts set forth in the i
Interrogatory are too speculative, have at present no
[
t alternative plans for a staging area then they may say so in their response, but if applicants do have alternative plans for a staging area they should be tequired to provide this information to Mass AG in respcase to the Interrogatory.
Mass
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l AG therefore moves the Board to issue an order compelling a i
response.
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0 Maas_AG_. Int.arIps 01eries_Itot 29 and._3J1 ask applicants to identify all individuals who have "work [ed) for or on behalf of SHY /ORO as instructors and or had a responsibility for the training of personnel from September 1987 to the present."
Interrogatory No. 29 asks applicants to identify those persons currently working in that capacity and Interrogatory No. 30 asks applicants to identify those persons who worked in that capacity since September 1987 but are not currently doing so.
Ayplicants object in their response to Interrogatory No. 30 to "disclosing the names of those individuals terminated by NHY on the grounds that this would be an impermissible invasion of privacy."
Applicants' Response at 28.
Mass AG moves to compel the names of such persons who have been termi:ta*ed by NHY.
Mass AG may want to contact these individuals t-inquire into ORO training.
It is, in fact, those very individuals whose names have not been disclosed, the ones who have been terminated by NHY, who may be the most willing to talk to M6ss AG and the most forthcoming in their responses.
With respect tc the asserted privacy interest, applicants have not demonstrated that those individuals whose jobs have been terminated have any special interest in not having their names dicciosed.
There are many reasons for which an individual could be terminated and Mass AG makes no judgment regarding these individuals based simply on the fact of their termination.
Moreover, Mass AG has no intention of disclosing the names of the terminated employees to any other persons and would be quite willing to recei"e the names pursuant to a protective order that would prohibit Mass AG from disclosing 4-
any of the names without the express authorization of the i
individual involved.
Mas a_AG_latattngaton_llo. 55 provides as follos.s:
On August 12, 1988, Robert J.
Harrison, ("Harrison")
then President and CEO of PSNH in a sworn statement declared that:
"Instability in the willingness or ability of Public Service and other Joint Owners to meet their financial responsibilities to the Seabrook project jeopardices the confidence and morale of the existing staff at Seabrook Station.
The existence of NHYEC as the long j
term operator of Seabrook Station will likely improve that confidence and morale, retaining loyalty of the existing personnel and attracting new employees as necessary."
In reference to this statement please provide the following information:
a.
The names of the individuals (s) who authored, drafted and edited this statement and those who were consulted about its substance;
)
i b.
Any and all information available or made available to Harrison and the individuals identified in response to (a) above on the basis of which or in reliance on which the statement was made; c.
Please identify any and all documents reviewed, consulted or assembled by Harrison and the individuals identified in response to (a) above prior to August 12, 1988 which concern the subject matter of the statement; d.
Please identify by name and position those individuals that make up "the existing staff at Seabrook Station";
e.
Please describe in what fashion and to what extent the confidence and morale of the existing staff was jeopardized by the purported financial instability; f.
Please identify by position those new employees, if any, that Harrison and the individuals identified in response to (a) above believed it was or in future would be necessary to attract.
Applicants object to Interrogatory No. 55 on the ground that the information sought is "not relevant to the subject matter
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of this proceeding, to wit, the admitted contentions."
Applicants Response at 50.
The information sought by this Interrogatory is indeed relevant in a general marner to a large number of the admitted e
contentions insofar as poor morale and lack of necessary staffing could affect almost everf area of emergency response.
More specifically, the information sought by this Interrogatory I
could well lead to the discovery of admissible evidence on Contentions JI 9, JI 11 and JI 12, contentions which all deal Y
with staffing (many key ORO staffers are employees of NHY).
t The information sought is relevant in particular to Contention JI 9, which concer*a the lack of provisions in the SpMC in the I
event of a strike or other job action, insofar as poor morale and lack of adequate staffing may well have a direct bearing on the likelihood of whether a strike or other job action is
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likely to occur, and therefore the information has a direct i
bearing on the issue of whether a "reasonable assurance" i
finding could be made in light of the SpMC's lack of provisions t
for a strike.
The information sought also relates to these contentions, which allege lack of adequate training and experience, insof ar as the employee turriver rate nears a l
direct relationship to the overall level of the staff's experience and training.
Mass AG therefore moves to compel a response.
M a s s_AG_InteI102 fLLQ1Y_RQ_M Lb1 a s k s A p p l i c a n t s t o :
(S]pecifically describe the training programs
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offered to and required of traffic guides, bus l
drivers and transfer dispatchers as to the.
methods used to develop proper skills for dealing
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i o
with an evacuating population that may be emotion 611y unstable, angry, frightened,
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uncooperative and/or violent.
l Applicants object to this Interrogatory subpart, j
on the ground that the information it seeks is not relevant to the subject matter of this proceeding, to wit, the admitted contentions.
In particular, it seeks information going to human behavior issues that were not admitted by the Board, i
Applicants Response at 51.
i The ir. formation sought by this Interrogatory is directly relevant to several admitted contentions regarding training of l
ORO personnel, i.e.,
Contentions JI 13 (inadequate training of i
ORO workers), and JI 14 (inadequate training and lack of I
experience of bus drivers and Other ORO staffers does not i
qualify them "to perform their jobs under the difficult and confusing circumstances that will prevail in the event of a j
serious radiological emergncy.")
Contention JI 13, in particular, incorporates a number of training contentions, among which is prior Mass AG contention 790 which posits, in I
part, that training for Traffic Guided is inadequate for i
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"deal [ing) with thousands of disorderly, frustrated and frightened drivers, many of whom may have been in traffic t
queues for six or more hours seeking to distance themselves from Seabrook Station."
The information sought by Interrogatory 56(b) is directly relevant to this contention and 7
I others dealing with training and Mass AG therefore moves for an order compelling applicants to respond.
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l Respectfully submitted, JAl4ES M.
S!!AtillOtt ATTORf1EY GEllERAL COMM0!iWEALT}l OF MASSACl(USETTS By:
Carol S. Sneider Assistant Attorney General 11uclear Safety Unit Department of the Attorne/ General One Ashburton Place Boston, MA 02108 (617) 727-2200 DATED:
flovember 7, 1988.
t
. Mi iiT UNITED STATES OF AMERICA
ii
NUCLEAR REGULATORY COMMISSION
'EB MTI -8 P4 32 (r&<.
eUCm i
m
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket No.(s)
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50-443/444-OL (Seabrook Station, Units 1 and 2)
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CER rIFICATE OF SERY_LCE I,
John Traficonte, hereby certify that on November 7, 1988 I made service of the within Answer of the Massachusettu Attorney General in Opposition to Applicants' Motion for Summary Disposition of Joint Intervenor Contentions 44A and 44B and Massachusetts Attorney General's Motion to Compel A'.swers to Interrogatories by Applicants, by first-class mail, or by Fede' al Express, as indicated by (*) to the following parties:
"Sherwin E. Turk, Esq.
- Ivan W.
Smith, Chairman U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Office of General Counsel Atomic Safety & Licensing Board 15th Floor East West Towers Building 11555 Rockville Pike 4350 East West Highway Rockville, MD 20852 3ethesda, MD 20814
'Gustave A.
Linenberg"c Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814
e
- Dr. Jerry Harbour
- Rotert R.
Pierce, Esq.
Atomic Safety & Licensing Bd.
Atomic Safety & Licensing Dd.
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 Bisbon Federal Emergency 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 an6 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.
Povoar Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 l
Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission F.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty l
Board Panel Seacoast Anti-Pollution League
" S. Nuclear Regulatory 5 Market Street t
l Commission Portsmouth, NH 03801 I
Wast.ington, DC 20555 Matt. hew T.
Brock. Esq.
J.
P.
Nadeau l
Shaines & McEachern Board of Selectmen l
25 M'ilewood Avenue 10 Central Road l
P.O.
tox 360 Rye, NH 03870 l
l Po r t st. ',u t h, NH 03801 l
Sandra Gavutis, Chairperson Calvin A.
Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall I
Rte. 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 I
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Senator Gordon J. Humphrey Angelo Machiros, Chairman l
U.S. Senate Board of Selectmen l
Washington, DC 20510 25 High Road i
(Attn: Tom Burack)
Newbury, MA 10950 l
Senator Gordon J.
Humphrey Edward G. Molin l
1 Eagle Square, Suite 507 Maynr Concord, NH 03301 City llall (Attn: Herb Boyr. ton)
Newburyport, MA 01950 1
Donald E. Chick Wi*liam Lord Town Manager Board of Selectmen Town of Eseter Town Itall 10 Front Street Friend Street
"*eter, Nil 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W.
Holmes, Eug.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 philip Ahrens, Esq.
Diane Curran, Esq.
Assistant Attorney General Harmon, Curran & Towsley 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.
Hampe, Esq.
Ropes & Gray Hampe & McNicholas 225 Franklin Street 35 Pleasant Street Doston, MA 02110 Concord, NH 03301 f
Bevetly Hollingworth Ashod N. Amirian, Esq.
209 Winnacunnet Road 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 i
10 Front Street South Hampton, Nll 03827 Exeter, NH 03833 l
Robert Carrigg, Chairman Anne E. Goodman, Clairperson I
Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road
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Atlantic Avenue Durham, NH 03824 l
North Hampton, NH 0386 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director 1110 Wimbledon Drive Town of Brentwood McLean, VA 22101 20 Franklin Street Exeter, NJ 03833 l !
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Charles P. Graham, Esq.
Barbara St. Andre, Esq.
Murphy & Graham Kopelman & Paige, P.C.
i' 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 i
79 State Street 79 State Street Newburyport, MA 01950 Neuburyport, MA 01950
' I, ~/ [/ /, * ' s
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John Traficonte Assistant A'.torney General Department of the Attorney General J
One Ashburton Place Boston, MA 02108-1698 (617) 727 2200 4
DATED:
November 7, 1988 4
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