ML20206J681
| ML20206J681 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/15/1988 |
| From: | Traficonte J MASSACHUSETTS, COMMONWEALTH OF |
| To: | PUBLIC SERVICE CO. OF NEW HAMPSHIRE |
| Shared Package | |
| ML20206J643 | List: |
| References | |
| OL, NUDOCS 8811290075 | |
| Download: ML20206J681 (9) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 00 NW 18 N0'M
'Before the Administrative' Judges:
OFr!CE U EE cu.II"7 Ivan W. Smith, Chairman 00CKEIM '. MVh l
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Gustave A.
Linenberger, Jr.
UEAEUI Dr. Jerry Harbour
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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, ET AL.
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(Seabrook Station, Units 1 and 2)
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November 15, 1988
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ANSWERS OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE APPLICANTS' REQUEST FOR ADMISSIONS TO MASSACHUSETTS ATTORNEY GENERAL REQUEST NO. 1:
It is the policy and position of the Commonwealth of Massachusetts to utilize fully every available resource, public and private, to respond to a radiological emergency.
OBJECTION:
The Mass AG objects to this request for admission on the grounds that it is vague and ambiguous.
The phrase "utilize fully every available resource, public and private" could be interpreted, for example, to mean that the Commonwealth 'rould fully utilize the ORO by delegating legal authority to it pursuant to the SPMC, even though such a delegation is not lawful.
Moreover, "utilize fully" could be interpreted to mean to the extent such use is reasonable and perceived at the time to be in the public interest.
The Mans AG does admit that:
It is the policy and position of the Commonwealth to utilize public and private resources in 0011290075gjogo343 PDR ADOCK PDR.,
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e response to a radiological emergency in accordance with law as specifically set forth in the Civil Defense Act at Spec.
L.
C.
31, SS 5, 6,
7, and 12A, to the extent such utilization is consonant with the public interest as p9tceived at the time of such emergency.
REQUEST NO. 2:
Pursuant to the FRERP, the 12 federal agencies participating in the FRERP would be obligated to respond to a radiological emergency at Seabrook Station when called upon, in order to meet their statutory and/or regulatory responsibilities.
OBJECTION:
The Mass AG objects to this request for admission on the grounds that it is vague and unclear.
Specifically, the request does not indicate the nature of the entity -- whether a private entity or a government -- that "call (s] upon" the 12 FRERP agencies.
Without this information, it is not possible to admit or deny this request.
As is clear from JI 10, Basis A, the SPMC simply asserts that the Federal government will respond to an emergency when a regulated entity "requests Federal support, 21 when Federal agencies must resoond to meet their statutory resgannihilities."
Plan 2.3-1 (emphasis supplied.)
First, the FRERP makes clear that Federal agencies must respond to "meet their statutory responsibilities, e.g.,
when an emergency significantly affects Federal missions, property, or resources."
50 F.R.
46542, 46544 (November 8, 1985).
- Second, the FRERP sets forth in S D.5 a "protocol for federal assistance requests by owners or operators" which states:
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The owner or operator of a facility or radiological activity, either private or authorized or regulated by the Federal government, can ask for assistance directly from the appropriate Federal agency with which they have p r.g.exi.s t ino a r r angements.
Id. (emphasis supplied.)
Third, the FRERP makes clear that "[a]ny Federal response will be closely coordinated with the State or local governments concerned."
Id. In light of these provisions of the FRERP, the request is flawed by its failure to identify who or what requests that the 12 FRERP agencies respond.
REQUEST NO. 3:
The off-site communication systems relied upon for emergency communications with emergency response personnel have a back-up power source.
ANSWER:
The Mass AG is not able to admit or deny this r
request at this time.
Discovery is continuing and the Mass AG presently has scheduled the deposition of the ORO Communications Coordinator for Novermer 17, 1988.
As decribed at IP 1.4, this individual's responsibilities include "trouble-shooting" the ORO's comn.unications systems.
REQUEST NO. 4:
Officials from the Commonwealth not only I
would be permitted, but would be expected, at the EOC and EOF in the event of a radiological emergency at Seabrook Station.
OBJECTION:
The Mass AG objects to the portion of this request that states that officials of the Commonwealth would be l
"expected" at the EOC and EOF.
It is unclear whose expectation is referred to here.
The Mass AG admits that Massachusetts l
representatives will be permitted at the EOC and EOF.
REQUEST NO. 5:
The EOF and EOC have back-up power.
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ANSWER:
The Mass AG is not able to admit or deny this request at this time.
The Mass AG has made reasonable inquiry into this matter but the information presently available to him is insufficient to enable him to admit or deny.
Interrogatory No. 21 of the Mass AG's First Set of Interrogatories to the Applicants read as follows:
What provisions exist for back-up power at the ORO EOC/Seabrook Station EOF in the event of a loss of power to this facility?
After objecting to inquiry into the EOF, the Applicants' responded:
The NHY Offsite Response EOC is provided backup power from a diesel generator owned and maintained by New Hampshire Yankee.
The Seabrook Station EOF is supplied from pSNH's Newington Station's emergency power supply.
The answer as to back-up-power for the EOF is incomplete.
REQUEST NO. 6:
The EOC and EOF can be reached from Boston within approximately one hour by land or air travel through or over the Massachusetts EPZ, and within approximately two and one-half hours by land without transiting the Massachusetts EpZ.
ANSWER:
The Mass AG admits this request understood as a statement of approximate travel times during non-emergency and non-rush hour conditions with no other unusual traffic conditions present.
REQUEST NO. 7:
In April, 1988, the Superior Court denied the City of Haverhill's request for an injunction against Applicants' use of the Water Street Staging Area, and the City of Haverhill then voluntarily nonsuited itself.
In October, 1988, the Land Court annulled the Cease and Desist Order issued by the Building Inspector of Haverhill against Applicants' use of the Water Street Staging Area.
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OBJECTION:
The Mass AG objects to this request on the j
grounds that it seeks to have the Mass AG characterize the i
effect of a court order that the Mass AG has not received or l
reviewed and which is not attached to the request.
Further,whether the Land Court has "annulled" a building inspector's earlier order or not is a matter of law not i
appropriate for requests for admission.
t MASSACHUSETTS ATTORNEY GENERAL'S l
MOTION FOR A PROTECTIVE ORDER The Massachusetts Attorney General moves that this Board enter a protective order that the discovery objected to in the above responses not be had.
I Respectfully submitted, JAMES M. SHANNON i
ATTORNEY GENERAL COMgONWEALTH OF MASSACHUSETTS
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t By:
A-l* ' Y ' i' : Y
/ John Traficonte
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/ Assistant Attorney General
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' f clear Safety Unit Department of the Attorney General
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One Ashburton Place Boston, MA 02108 (617) 727-2200 l
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l DATED:
November 15, 1988
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RELATED CORRESPONDLNCA C2nETED UNITED STATES OF AMERICA iM NUCLEAR REGULATORY COMMISSION 88 Nm/18 50:13 MF:.:
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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-1 (Seabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I,
Pamela Talbot, hereby certify that on November 15, 1988 I made service of the within ANSWERS OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE APPLICANTS' REQUEST FOR ADMISSIONS TO MASSACHUSETTS ATTORNEY GENERAL; JOINT INTERVENORS ANSWERS TO APPLICANTS' REQUEST FOR ADMISSIONS TO INTERVENORS;, MASSACHUSETTS ATTORNEY GENERAL'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS; and MASSACHUSETTS ATTORNEY GENERAL'S RESPONSE TO APPLICANTS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS, by first-class i
j mail, or by Federal Express, as indicated by [*} to the following parties:
1 i
Sherwin E. Turk, Esq.
aIvan W.
Smith, Chairman U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissio Office of General Counsel Atomic Safety & Licensing Board 15th Floor East West Towers Building 11555 Rockville rike 4350 East West Highway Rockville, MD 20852 Bethesda, MD 20814
- Gustave A. Linenberger Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814
- Dr. Jerry Harbour
- Robert R. Pierce, Esq.
Atomic Safety & Licensing Bd.
Atomic Safety & Licensing Bd.
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 Bethesdh, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq.
Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee 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 and 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.
Pevear Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls.
Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atopig S'afety & Licensing Jane Doughty Board Pariel Seacoast Anti-Pollution League U.S.,: Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Matthew T.
Brock. Esq.
J. P. Nadeau Shaines & McEachern Board of Selectmen 25 Maplewood Avenue 10 Central Road P.O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 I
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Senator Gordon J. Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 liigh Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J. Humphrey Edward G. Molin 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: lierb Boynton)
Newburyport, MA 01950 Donald E.
Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W.
Holmes, Esq.
RFD Won 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 flouse Station #6 Washington, DC 20009 Augusta, ME 04333
- Thomas G. Dignan, Esq.
RicnTrd A. Hampe, Esq.
Ropes & Gray Hampe & McNicholas 225 Franklin Street 35 Pleasant Street Boston, MA 02110 Concord, NH 03301 Beverly Hollingworth Ashod N. Amirlan, Esq.
209;Winnacunnet Road 376 Main Street Hampton, Nil 03842 Haverhill, MA 01830 Will'iam Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectman Town of Exeter Jewell Street, RFD 2 10 Front Street South flampton, N!!
03827 Exeter, Nil 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Offico 13-15 Newmarket Road Atlantic Avenue Durham, 141 03824 North flampton, llH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director 1110 Wimbledon Drive Town of Brentwood McLean, VA 22101 20 Franklin Street i
Exeter, NJ 03833.
rc Charles P. G r ahara, Esq.
Barbara S Andre, Esq.
Murphy & Graham Kopelman & caige, P.C.
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 79 State Street 79 Mtate Street Newburyport, MA 01950 Newburyport, MA 01950 (G &
\\o k v-Pamela Talbot Assistant Attorney General Dnpartment of the Attorney General One Ashburten Place Bocton, MA 02108-1698 (617) 727-2209 DATED:
November 15, 1988 e
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