ML20206J638

Commonwealth of Ma Atty General Response to Applicant Second Request for Protection of Documents.* Atty General Will Produce Response Documents from Agencies Listed in Response 2.Related Correspondence

ML20206J638
Person / Time
Site:	Seabrook
Issue date:	11/15/1988
From:	Talbot P MASSACHUSETTS, COMMONWEALTH OF
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
Shared Package
ML20206J643	List: ML20206J638 ML20206J658 ML20206J681
References
CON-#488-7528 OL, NUDOCS 8811290062
Download: ML20206J638 (4)

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U3EC REMIED CORRESPOffDENCE UNITED STATES OF AMERICA .g3 gy 18 MO;ll NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND' LICENSING BOARD' .

OFFIS L' E W L *'#

Before the Administrative Judges: 00CKEig'l[jEi'VICI Ivan W. Smith, Chairman Gustave A. Linenberger, Jr.

Dr. Jerry Harbour

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In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICS COMPANY ) (Off-Site EP)

OF NEW HAMPSHIRE, EI AL. . )

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(Seabrook Station, Units 1 and 2) ) November 15, 1988

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MASSACHUSETTS ATTORNEY GENERAL'S RESPONSE TO APPLICANTS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to 10 CFR S 2.741, the Massachusetts Attorney General ("Mass AG") responds to the Applicants' Second Request for Production of Documents.

Ga3eral Obiections

1. The Mass AG objects to the production of any documents which would call for the disclosure of attorney-client communications or which reflect the work-product of the Department of the Attorney General or any other attorney (s).

2. The Mass AG also objects to paragraph two (2) of the Applicants' instructions and definitions which require, as patt a-of the production, chat identification of a document include a statement as to "the author, date, title, addressee (s) and s

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subject matter of each i.dividual document." This additional production requirement is not contemplated or authorized by 10 CFR S 2.740 and is unduly burdensome. Moreover, the documents to be produced will be self-explanatory.

3. The Mass AG also objects to a production of these documents at the location requested and instead will make them available for inspection at the office of the Mass AG and/or at the locations at which the documents are normally kept and in the manner in which they are retained in the usual course of business.

Responses to Reauests

1. REQUEST: Any and all documents reflecting administrative and/or executive orders regarding emergency planni.1g and/or radiclogical emergency response planning.

OBJECTION AND RESPONSE: The Applicants have indicated no time frame with respect to the documents sought. The Mass AG objects to the scope of this request as unduly burdensome and seeking information that is not relevant or reasonably CdlCulated to lead to the discovery of admissible evidence.

The Mass AG will produce documents reflecting such orders that are currently in effect or dated after January 1, 1986.

2. REQUEST: Any and all documents reflecting or commenting on draft and/or final policies of the Department of public Safety, the Massachusetts Civil Defense Agency and/or the Department of public Health regarding emergency planning and or radiological emergency response planning.

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OBJECTION ."..MD RESPONSE: For the same reasons es stated in the Mass AG's objection and response to Request (1), the Mass AG objects to the unlimited time frame in this request.

However, the Mass AG will produce responsive documents, to the extent that.' such documents exist, which are dated af ter January 1, 1986 '.c which bear on final policies currently in effect of the three agencies.

-In addition, the Mass AG objects to tha scope of this request insofar as it fails to limit the number of state offices, agencies or departments to which such requests would l be directed. A request of this nature is' unduly burdensome and  !

seeks information not relevant or reasonably calculated to lead to.the discovery of admissible evidence.

The Mass AG will produce documents from the following state

. agencies: Massachusetts Civil Defense Agency; Department of r

public Health; Executive Office of public Safety; State police; [

National Guard; Department of Environmental Qual.ity Engineering; Governor's Office; Department of Food and '

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Agriculture; Department of public Works; and Mass Bay Transportation Authority. Such a response parallels the scope of inquiry already underway in response to numerous  ;

interrogatories and requests previously filed by both the Applicants and :he NRC.

3. REQUEST: Iny and all documents reflecting or commenting on emergency plans, policies, guidance or implementing procedure developed by any state agency, deportment, commission or authority.

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OBJECTIONS AND RESPONSE: The Mass AG incorporates by

, reference the objections concern!.ng time frame as set forth above in Responses (1) and (2). However, the Mass AG will

, produce responsivo documents, insofar as such documents exist, which are dated after January ., 1986 or which bear on current plans, policies, guidance or implementing procedures.

The Mass AG incorporates by reference his objection, as set forth in Response (2), concerning the unlimited number of state agencies, departments, commissions or authorities to which this.

request would be directed. The Mass AG will produce responsive documents from those agencies listed in Response (2).

Respetfully submitted, JAMES M. SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS

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By: - N . I __' I. '

John Traficonte pamela Talbot Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton place Boston, MA 02108 (617) 727-2200 DATED: November 15, 1988

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