ML20212K379

Town of Hampton Interrogatories & Request for Production of Documents to FEMA on State of Nh Radiological Emergency Response Plans.* Related Correspondence

ML20212K379
Person / Time
Site:	Seabrook
Issue date:	03/05/1987
From:	Brock M HAMPTON, NH, SHAINES & MCEACHERN
To:	Federal Emergency Management Agency
Shared Package
ML20212K311	List: ML20212K308 ML20212K360 ML20212K379 ML20212K395 ML20212K408
References
OL, NUDOCS 8703090290
Download: ML20212K379 (5)

Text

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stEL,Al t.D COHHESPONDtN4 C0CKETED USNRC

-UNITED-STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 IWt -6 P3 59 BEFORE THE ATOMIC SAFETY AND LICENSING BOAR .

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Public Service Company of New )

Hampshire, e t'. al. )

) Docket Nos.

(Seabrook Station, Units 1 and 2) ) 50-443, -444

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TOWN OF HAMPTON INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLANS Although the Federal Emergency Management Agency (" FEMA") is not technically a party to this proceeding, it plays a major role in the review and litigation of the emergency planning process. The Nuclear Regulatory Commission's ("NRC's" or " Commission's") regulations require it to rely on FEMA for its own findings regarding the adequacy of emergency planning and preparedness. 10 C.F.R. 50.47 (a) (2) . FEMA's findings constitute " rebuttable presumptions" in NRC proceedings. Ish. A 1980 Memorandum of Understanding between FEMA and the NRC further requires FEMA to "take the lead in offsite emergency planning and review and assess State and local emergency plans f or adequacy." 45 Fed. Reg. 82713 (Decembe r 16, 1980)." Id.

The Memorandum of Understanding also provides that FEMA will make expert witnesses available in NRC proceedings, including discovery proceedings Id.

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l-In light of FEMA's central role in the litigation of emergency planning at Seabrook, discovery of FEMA's position on the issues raised in this litigation and the basis for its position, including documents and experts it relies on, is essential to meaningful participation by the New England Coalition on Nuclear Pollution in this case. Therefore, NECNP directs these interrogatories to FEMA.

Since the Commission is responsible for presenting FEMA's testimony, the interrogatories are being served on the NRC for referral to FEMA.

INSTRUCTIONS E.QR HSE The following interrogatories are to be answered in writing and under oath by an employee, representative or agent of the FEMA with personal knowledge of the facts or information requested in each interrogatory.

The following definitions shall apply to these interrogatories:

'l. "Qnrament" shall mean any written or graphic matter of communication, however produced and reproduced, and is intended to be comprehensive and include without limitation any and all correspondence, letters, telegrams, agreements, notes, contracts, instructions, reports, demands, memoranda, data, schedules, notices, work papers, recordings, whether electronic or by other means, computer data, computer printouts, photographs, microfilm, microfiche, charts, analyses, intra-corporate or intra-office communications, notebooks, diaries, sketches, diagrams, forms, manuals, brochures, lists, publications, drafts, telephone minutes, i

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minutes of ' meetings, statements, calendars, journals, orders, confirmations and all other written or graphic materials of any nature whatsoever.

2. " Identify" with respect to any document shall mean to state the;following respecting the document: its title, its date, the author of the document, the person to whom the document was sent, all persons who received or reviewed the document, the substance and nature of the document, and the present custodian of the document and of any and all copies of the document.

3. " Identify" with respect to any action or conduct shall mean state.the following regarding any such action or conduct: the person or persons proposing and taking such action; the date such action was proposed and/or taken; all persons with knowledge or information about such action; the purpose or proposed ef fect of such action; any document recording or documenting such action.

4. " Describe" with respect to any action or matter shall mean state the following regarding such action or matter: the substance or nature of such action or matter; the persons participating in or having knowledge of such action or matter; the current and past business positions and addresses of such persons; the existence and location of any and all documents relating to such action or matter.

1. With respect to each contention and subpart thereof admitted by the Licensing Board's order of April 1,1986, please provide the following information:

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a. What is the FEMA's position with respect to each conten- l tion and its subparts? Describe in detail the reasons for your position. Identify any relevant portions of the state and local plans that are under revision or which the state expects to change at any time in the future,

b. Identify and provide access to all documents on which you rely during this proceeding to support your position on each of these contentions. This includes all documents used in answers to these interrogatories, summary disposition motions, testimony, and cross-examination of witnesses during hearings.

c. Identify all persons you may call as witnesses on each of these contentions during these proceedings; describe the substance of their testimony; and identify and describe any documents and the portions thereof that they may rely on for their testimony.

d. Identify all persons on whose factual knowledge, opinions, or technical expertise you rely for your position on each contention and subpart thereof.

2. Please identify and provide access to all documents in which FEMA or its contractors has assessed the adequacy of the state and local emergency plans with respect to any of the issues admitted for litigation by the Licensing Board's order of February 18, 1987.

3. Identify and describe any x deficiencies, h unuvte&d/xe* H 4xacM including those set /

forth in FEMA, Final Exercise Assessment February 26, 1986, for which 4

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Applicant 'and/or the State '.of New Hampshire have not undertaken adequatef corrective action. .-

Respectfully submitted, S <

Matthew T. Brock SHAINES & McEACHERN, P.A.

25 Maplewood-Avenue Portsmouth, NH 03801 (603) 436-3110 DATED: 3 5fr7 >

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