ML20206C564

Applicant Response to Town of Amesbury First Request for Production of Documents to Applicant on Seabrook Plan for Commonwealth of Ma Communities.* Certificate of Svc Encl. Related Correspondence

ML20206C564
Person / Time
Site:	Seabrook
Issue date:	11/07/1988
From:	Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	AMESBURY, MA
References
CON-#488-7476 OL, NUDOCS 8811160323
Download: ML20206C564 (11)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS'ON before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of ) -

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PUBLIC SERVICE COMPAllY OF ) Docket Nos. 50-443-OL NEW HAMP3 HIRE, et al. ) 50-444-OL ,

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(Seabrook Station, Units 1 and 2) ) (Off-site Emergency

) Planning Issues) ,.

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APPLICANTS' RESPONSE TO "(TOA'S] FIRST . ..

REQUEST FOR THE PRODUCTION OF DOCUMENTS t TO THE APPLICANTS ON THE (SPMC)" j 1

Pursuant to 10 CFR S 2.741, Applicants make the '

following responses to "(TOA's) First . . . Request for the  !

Production of Documents to the Applicants on the (SPMC)".

Applicants will produce the documents requested, to which objection has not been made, at Seabrook Station.

Those documents are available for inspection by the parties i

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as of today, upon notice to undersigned counsel. To some  ;

extent TOA's requests overlap with those of Mass AG. f t

Applicants have organized a discovery room at Seabrook  !

Station with documents segregated by the first party's ,

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request number to shich they are responsive. Documents responsive to more than one request are segregated with the first request to which they are responsive. Applicants have also prepared a mastor index of all documents available for inspection, to facilitate their review.

Due to the confidential information contained in certain documents called for by TOA's requests, production of these documents will be made under the conditions outlined by the Board and adhered to by the parties in the past.

Recuest No. 3 Identify and produce all amended, supplemental or additional letters of agreement relied upon by Applicants for personnol, transportation, or other resources to implement the SPMC, and not previously served upon Intervenors.

Aeolicants' Resconse Applicants will produce the documents requested.

Recuest No. 5 State the total number of manned vehicles in each category that are necessary, in a severe, fast-break releaso, to implement the SPMC for the Town of Amesbury: buses, ambulances, special needs vehicles, other vehicles. Identify and produce all documents, and state every fact or opinion upon which you rely to support this anri.c Aeolicants' Rescoqag Applicants will produce the documents requested.

Recuest No. 6 State the total number of manned vehicles in each category that are available for actual use in a severe, fast-break release, to implement the SPMC for the Town of Amesbury: buses, ambulances, special needs vehicles, other vehicles. Identify and produce all documents, and state 2-i

e every fact or opinion upon which you rely to support this answer.

Aeolicants' Response Applicants will produce the documents requested.

Reauest No. 7 For all towns within the Massachusetts EPZ, includin TOA, state the total number of manned vehicles necessary,g in a severe fast-break release, to implement the SPMCs buses, ambulances, special needs vehicles, other vehicles. Identify and produce all documents, and state every fact or opinion upon which you rely to support this answers.

Aeolicants' Response Applicants will produce the documents requested.

Recuest No. 8 For all towns within the Massachusetts EPZ, including TOA, state the total number of manned vehicles claimed available for actual use, in a severe, fast-break emergency, to implement the SPMC: buses, ambulances, special needs vehicles, other vehicles. Identify and produce all documents, and state every fact or opinion upon which you rely to support this answer.

Aeolicants' Resoonse Applicants will produce the documents requested.

Reauest No. 9 For each school located within the Town of Amesbury, state the total number of personnel in each category who are necessary, in a severe, fast-break release, to implement the SPMC and/or assist students in undertaking protective actions: taschers, school administrators, other school personnel, ORO personnui. For each category, identify under the SPMC, the particular actions cr duties to be performed.

Identify and produce every document, and state every fact or opinion, upon which you rely to support this answer.

.a boolicants' Response Applicants will produce the documents requested.

Recuest No. 10 For each school located within the Town of Amesbury, state the total number of personnel in each category who are available, in a severe, fast-break release, to implement the SPMC and/or assist students in undertuking protective actions: teachers, school administrators, other school personnel, ORO personnel. For each category, identify the particular actions or duties to be performed. Identify and produce every document, and state every fact or opinion, upon which you rely to support this answer.

Acolicants' Resconse Applicants will produce the documents requested.

Recuest No. 11 For each school located within the Massachusetts EPZ, including those in TOA, ntate the total number of personnel in each category who are necessary, in a severe, fast-break release, to implement the SPMC and/or assist students in undertaking protective actions: teachers, schoo.l.

administrators, other school personnel, ORO personnel. For each category, identify under the SPMC, the particular actions or duties to be performed. Identify and produce overy document, and state every "act or opinion upon which you rely to support this answer.

Aeolicants' Resconse Applicants will produce the documents requested.

Recuest No. 12 For each school located within the Massachusetts E?Z, including those in TOA, state the total number of personnel in each catecory who are available, in a severe, fast-break release, to implement the SPMC and/or assist students in undertaking protective actions: teachers, school administrators, other school personnel, ORO personnel. For each category, identify the particular sctions or duties to be performed. Identify and produce every document, and state every fact or opinion, upon which you rely to support this answer.

Abolicants' Resconse Applicants will produce the documents requested.  !

Reauest No. 13 '

Identify and produce all documents, and provide all relevant citations to the SPMC, which explain or set forth  :

emergency response plans or procedures for schools located within Massachusetts EPZ.

Anolicants' Resconse Applicants will produce the documents requested.

Reauest No. 14 For each special needs facility, other than schools, located within the Town of Amesbury, including TOA Hospital, state the total number of personnel in each category necessary,in a severe, fast-break release, to implement the SPMC and/or assist those with special needs to undertake protective actions: doctors, nurses, other medical personnel, ORO personnel. For each category, identify the particular actions or duties to be performed. Identify and produce every document, and state every fact or opinion upon which you rely to support this answer.

Agg.liggots' Resoonse Applicants have produced the documents requested, i.e.,

Appendix M of the SPMC.

i Reauest No. 15 l

For each special needs facility, other than schools, I located within the Town of Amesbury, including TOA Hospital, state the total number of personnel in each category who are available for actual use,in a severe, fast-break release, to implement the SPMC and/or to assist those with special needs to undertake protective actions doctors, nurses, other medical personnel, ORO personnel. For each category, state the particular actions or duties to be performed. Identify and produce every document, and state every fact or opinion, upon which you rely to support this answer.

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ADolicants' Resconse Applicants will produce the documents requested.

Recuest No. 16 Identify and produce all documents, and provide all relevant citations to the SPMC, which explain or set forth emergency response plans or procedures for special needs facilities, other than schools, located within the Town of Amesbury, including TOA Hospital.

Acolicants' A sponbe Applicants will produce the documents requested.

Reauest No. 17 State whether Applicants are in possession, or have knowledge, of any admissions by the Town of Amesbury and/or any of its officials, agents, employees or personnel regarding the SPMC and/or the adequacy or inadequacy of emergency planning for Town of Amesbury or the Seabrook EPZ.

If you anaver yes, identify and produce each such document and identify the person making each admission, its date, and substance.

Acolicants' ResDonse Applicants object to the identification or production on the grounds that it calls for legal conclusions on the content of these documents as to what statements could constitute "admissions" of TOA and thus also calls for attorney work product and trial preparation materials. The request is particularly unjustifiable when the information

, sought is, by definition, in the interrogating party's hands.

Applicants further object to providing the description requested in TOA's "Instructions for Use" on the ground that TOA, by definition, is in a better position to have knowledge

.o of the requested inforuation. Applicants, in their response, have set forth the reasons for their objection in sufficient detail to permit the Licensing Board to determine the validity of their objection.

Reauest No. 26 Identify and produce all documents (1) on which you rely to answer these interrogatories or (2) which Applicants intend to offer as exhibits in this proceeding for any purpose.

Aeolicants' Response '

Applicants will produce the documents identified in their response to Interrogatory No. 26. Applicants object to production of documents under subpart (2) as the request is for attorney work product, litigation strategy, and attorney- j client privileged materials. Applicants further object to [

1 providing the description requested in TC.'.'s "Instructions for Use" on the ground that to provide such description I

would, by the very nature of the request, have App.'icants <

provide the information to which Applicants object.

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Motion for Protective Order Applicants move that the Board enter a protective order that the discovery to which objection has been made herein not be had.

By their attorneys,

1. /h p ogas G.' Dignan, Jr.

Gedrge H. Lavald

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Kathryn A. Selleck Jeffrey P. Trout '

.Tay Bradford Smith  !

Ropes & Gray 225 Franklin Street Boston, MA 02110  !

(617) 423-6100 t

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' ei 18 N9V 10 N0:05 CERTIFICATE OF SERVICE I, Kathryn A. Selleck,oneoftheattorneys'ht;the; ..3 Applicantsherein,herebycertifythatonNovembd@r7/vi988, I made service of the within document by depositing copies i thereof with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):

Administrative Judge Ivan W. Smith Robert Carrigg, Cnairman Chairman, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office U.S. Nuclear Regulatory Atlantic Avenue  !

Commission North Hampton, NH 03862 East West Towers Building 4350 EasV West Highway Bethesda, MD 20814 Judge Gustave A. Linenberger Diane Cv;ran, Esquire Atomic Safety and Licensing Andrek C. Forster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 i Commission 2001 S Street, N.W. '

East West Towers Building Washington, DC 20n09 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Biubee U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway concord, NH 03301-6397 ,

Bethesda, MD 20814 Adjudicatory File Sherwin E. Turk, Esquiro .

Atomic Safety and Licensing Office of General Counsol  !

Board Panel Docket (2 co,iles) U.S. Nuclear Regulatory [

U.S. Nuclear Regulatory Combission Commission i East West Towers Building one White Flint North, 15th F1.

4350 East West Highway 11555 Rockville Pike Bethesda, UD 20814 Rockville, MD 20052 ,

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• Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P. O. Fox 516 -

Commission Manchester, NH 03105 Washington, DC 20555 t

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Philip Ahrens, Esquire Mr. J. P. Nadeatt Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenus Joneral P.C. Box 360 Gr.e Ashburton Plice, 19th F1.

Pcatsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutid Mr. Calvin A. Canney Chairman, Boaad 'sf Selectmen City Manager RFD 1 - Box 1154 City Hall Poute 107 126 Daniel Street

.Ynsington, NH 03827 Portsmouth, NH 03801

• Senator Gordon J. Humphrey R. Scot. Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, Hill-Washington, DC 20510 Whilton & McGuire (Attn: Tom Burac!:) 79 State Street Newburyport, MA 01950

• Senator Gordon J. Humphrey Leonard Kopelman, Esq a te One Zagle Suuare, Suite 507 Kopelman & Paige, P.C.

Concord, NM 03301 77 Franklin Street (Attnt Herb Boynton) Boston, MA 02110 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Streat 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Jos6ph Flynn, Esquire Charles P. Graham, Esquiro Office of General Counsel Murphy and Graham Federal Emergency Management 33 Low Street Agency Newburyport, MA 01950 500 C Street, S.W.

Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, FM 93301

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Mr. Richard R. Donovan Judith H. Mizner, Esquire Federal Emergency Management 79 State Street, 2nd Floor Agency Newburyport, MA 01950 Federal Regions 1 Center 130 228th Street, 4,W.

Bothell, Washington 98021-9796 Ashed N. Amirlan, Esquire 376 Main Street Haverhill, MA 01830 Robert K. Pierce, Esquire John H. Frye, III, Alternato Atomic Safety and Licensing Chairman board Panel Atomic Safety and Licensing U.S. Nue'. ear Regulatory

. Board Panel tlommission U.S. Nuclear Regulatory

'4st West Towers Building Commission 4350 East West Highway East West Towers Building Bethesda, MD 20814 4350 East West Highway Bothesda, MD 20814 James H. Carpenter, Alternate Technical Member Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20S14 ,

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Kathryn A. Selleck

(*= ordinary U.S. First Class Hail)  :

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