ML20214G673

Atty General Jm Shannon Offsite Emergency Planning Interrogatories & Request for Production of Documents to FEMA (Set 2).* Related Correspondence

ML20214G673
Person / Time
Site:	Seabrook
Issue date:	05/19/1987
From:	Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Federal Emergency Management Agency
Shared Package
ML20214G630	List: ML20214G628 ML20214G641 ML20214G673 ML20214G707 ML20214G732 ML20214G741 ML20214G768 ML20214G792
References
OL, NUDOCS 8705270138
Download: ML20214G673 (11)

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( OFI ATED CCRRE3MJfiOEfiC3 00CKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Eg mY 20 P5 50 Before Administrative Judges: ._

Helen F. Hoyt, Chairperson Gustave A. Linenberger, Jr. (h ,,

Dr. Jerry Harbour

)

In the Matter of )

)

PUBLIC SERVICE COMPANY OF NEW ) Docket Nos.

HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) (Off-Site EP)

) May 19, 1987

)

ATTORNEY GENERAL JAMES M. SHANNON'S OFF-SITE EP INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (SET NO. 2)

Pursuant to 10 C.F.R. 52.740 and 2.740b, Attorney General James M. Shannon hereby propounds the following interrogatories to the Federal Emergency Management Agency. These interrogatories are to be answered in writing on or before June 5, 1987 and under oath by an employee, representative, or agent with personal knowledge of the facts or information requested in each interrogatory.

Definitions As used in these interrogatories, the following terms have the following meanings:

1. " Litigate" with regard to a topic or contention means to offer direct testimony relating to, to cross-examine on, to 0705270130 070519 PDR ADOCK 05000443 Q PDR

offer proposed findings or rulings regarding, or to urge the denial (or allowance subject to conditions) of the pending application on the basis of the topic or contention.

2. " Contention to be litigated by the Attorney General" means those contentions admitted in this proceeding by the Orders of the Licensing Board and specified in " Attorney General James M. Shannon's Notice of Intention To Participate On Newly Admitted Contentions," dated March 2, 1987.

Specifically, those contentions are ToH Revised Contention III; ToH Revised Contention VI; ToH Revised Contention VIII; NECNP l

Contention RERP-8; SAPL Revised Contention 31; Reasserted SAPL Contention 8; SAPL Contention 8a; Reasserted SAPL Contention 16; SAPL Contention 33; and SAPL Contention 34.

3. " Document" means any written or graphic matter of communication, however produced or 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, minutes of meetings, statements, calendars, journals, orders, confirmations and all other written or graphic materials of any nature whatsoever.

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~4. " Identify" with respect to any document means 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.

5. " Identify" with respect to any action or conduct means to 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 knowledgeorinformationaboutsuchaction;thepurpose}or proposed effect of such action; any document recording or documenting such action.

6. " Describe" with respect to any action or matter means to 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 matters 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.

7. " Identify" with respect to an expert witness means to state:

(a) The name, mailing address, age and present professional or employment affiliation of the person; (b) The profession or occupation and field of claimed expertise of the person;

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, (c)_The history of formal education or training of the person, including, but not limited to, (i) the name and address of each school where the person received special education or training, (ii) the'date those schools were attended, and (iii) a' description of each degree earned, including the date and. granting institution; (d) The history of specialized-training in the area of claimed expertise, including, but not limited to, (i) the type of training received, (ii) the name and address of the institution providing this training, and (iii) the dates of such training; (e) A list of publications of any kind by the person in the area of claimed expertise, including, but not limited to,

'l (i) the title and subject matter, (ii) the name and address of y

the publisher, and (iii) the date of publication; (f) A list of any and all licenses in the area of claimed expertise, including, but not limited to, (i) the i

designation of the authority by which the license was issued, (ii) the date(s) of the licensing, (iii) the requirements for obtaining each license, and (iv) the manner by which these requirements were met; (g) The amount of time the person has worked in the field of claimed expertise, stating periods where work was other than on a-full-time basis; (h) The name and address of every person, or every corporation or other institution, that has employed the person

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-within the11ast ten years of employment;

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MWT (i)-All perio'ds of claimed self-employment, includingLa gp , .

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description of all' duties and responsibilities thereof;'

.j).All

( previous experience in the field of2 claimed

( expertise which-involved. problems, analyses or studies similar-to those concerning which the-person is. expected to testify'in

, , this proceeding;

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.(k);All other. litigationin which the' person has been consulted, specifying'those matters in which the person has

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. testified, including the-name of the case or matter and the court'or-other' forum inLwhich testimony was given; and

.c . (1) Any.other experience in the' field of' claimed expertise.

8. " Identify"' with respect to a non-expert' witness means

- to state:

(a) The name,imailing address, age and present professional or employment affiliation of the witness; (b) The profession or occupation'of the witness; u..a y &pt v . +

"' C (c) Th'e'name of the supervisor and. department of the i, .' witness;

$ (d).The current employment or professional relationship,-if any, between the witness and you;

%fgf .(e) The past employment or professional relationship between.the witness and you, including the dates of that relationship;fand

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.l' (f) All litigation in.which the person has testified on

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any matter in which you have had an interest, including the name of the case or matter and the court or'other forum in which testimony was given.

Wherever appearing in these interrogatories, the masculine form is defined to include the feminine and/or the neuter.and the singular form is d9 fined to include the plural wherever necessary to apply the context to any factual situation that L

may exist or.to render the interrogatory more inclusive in

- scope.

Notice Regarding Supplementation Your attention is called to the provisions of 10 C.F.R.

S 2.740(e) regarding your obligation to supplement-interrogatories and requests for the production of documents.

Request for t'he Production of Documents Pursuant to 10 C.F.R. S 2.741, you are hereby requested to produce, for inspection and copying, each document identified in response to these interrogatories and each document required to be identified in response to these interrogatories, at the.

offices of Attorney General James M. Shannon, Room 1902, One Ashburton Place, Boston, MA 02108 on June 5, 1987 at 10:00 o' clock a.m. -Each document produced in response to this request should be labeled to indicate the interrogatory or interrogatories in response to which it is produced.

INTERROGATORIES

1. Describe in detail your position with respect to each contention to be litigated by the Attorney General and each subpart of each-such contention.- Describe in detail the reasons for your position.

2. Identify'and produce all documents on which you have relied, do rely, or will rely to support your position on-each of-these contentions. Identify the information in each document ~on which you-have relied, do rely, or will rely and the specific subpart of each contention which that information concerns.

3. State whether you have relied, do-rely,'or will rely on any study, calculation, or analysis to support your position on each.of these contentions. If so, please:

a. Describe the nature of the study, calculation or analyais and identify any documents that discuss or describe the study, calculation or analysis;

b. Identify the persons who performed the study, calculation or analysis _

c. State when and where the study, calculation or analysis was performed;

d. Describe in detail the information or data that was studied, calculated or analyzed;

e. Describe the results of the study, calculation or analysis;

f. Explain how such study, calculation, or analysis provides support for your position on each of these contentions.

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1 4.- Do you intend to~ offer the testimony;of any expert

. witness'with' respect to any.' contention to'be litigated bylth'e JAttorney! General? If so,fplease:

a.- Identifyceach expert witness who.you intend to present-with1 respect:to each subpart of each such. contention;L

b. State the: substance of'the facts.to1which each expert-witness is expected to testify;

c. St' ate the substance of the opinion or opinions to which' each expert witness-is expected toftestify;-

d. Provide a summary of the grounds for:each opinion to which.eachiexpert witness is expected to testify;

e. State whether the' facts and opinions. listed in response to the foregoing are contained in any document; f... State whetherLthe opinion of any' expert-witness is based inL whole or in part on any scientific : rule or

-principle, and, if so, set forth such rule'or: principle;-

g._ State whether.the opinion of any expert witness is-based in whole or in;part on~any code or regulation,

_ governmental or otherwise, and,:if so, identify,each-such code'or regulation and:the specific:section or 4

portion thereof relied upon; and

'h. State whether the. opinion of any expert witness is-based in whole or in part upon any1 scientific or-

-engineering book or other publication, and, if so, identify the book or publication.

5. 'Do you intend to offer the testimony of any non-expert-i ywitness with respect to any contention to be litigated'by the Attorney General? If so, Olease:

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a. Identify each non-expert witness who.you intend to m

present with-respect to each subpart of each such contention;

-b.- State the substance of the facts to which each

[ non-expert witness is expected to testify; and

c. State whether the facts listed in response to the foregoing are contained in any document, and produce the same.

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6. Identify-and produce all documents in which you or any agent on'your behalf have assessed the adequacy of state and local emergency plans with respect to any contention to be litigated by-the Attorney General. Include in your response any documents concerning steps which have been taken or will be taken by the State of New Hampshire or the Applicants to address inadequacies in any past or current local plans.

7. For each of those contentions to be litigated by the Attorney General for which FEMA has not yet adopted'a position, ,

(a) stat'e the date by which FEMA expects to have adopted a position; (b) state whether FEMA will voluntarily make its position known on each contention as soon as it has adopted its position and, if so, how it will make its position known; (c) state whether, pursuant to the Memorandum of Understanding Between the NRC and FEMA, 50 Fed.

Reg. 15485 el seq., " FEMA will respond informally _

to discovery requests by parties," id, at 15487, after it has made its position known with respect to any contention to be litigated by the Attorney General.

8. Is it your position that the vast majority of evacuating persons who, in the event of an accident with an off-site release of radiation, are instructed to report to reception centers for monitoring will comply with those ,

instruction? What percentage of the evacuees do you expect will comply?

9. In the event of an accident with an off-site release of radiation, what percentage of the EPZ population would you expect to be instructed to report to reception centers for

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monitoring? What is the largest number of persons that might be instructed to report for monitoring? -What is the smallest number of. persons that might be' instructed to report for monitoring?

10. In the event of an accident with a wide-spread off-site release of' radiation, if all persons instructed t'o report to reception centers for monitoring do so report, could.

a bottleneck be created at the entrance to such reception centers? Have any sensitivity studies been performed to dete'rmine the impact such bottleneck (s) would have on ETEs?

Please explain your responses and provide any such studies.

11. With respect to the FEMA Memorandum, No. Rl-TH-85-28, dated 12/31/85,~from Edward A.-T'omas h to-Regional Assistance Committee Radiological Emergency Preparedness Task Force,-on the subject of Seabrook Emergency Plans, please:

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(a) describe the factors, referred to in 1 1 of that Memorandum that.are " unique (at least in Magnitude)"

to Seabrook; (b) describe in1what manner the above-referenced factors are deemed unique; (c) if any of the questions raised in that Memorandum have been responded to, provide such response (s) and any documents supporting such response (s);

(d) for any questions or' issues raised by that memorandum but not yet answered, to the extent possible, state what the considerations are that will have a bearing

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on the response when given and provide any documents relevant to the consideration of the issue;

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'(e) provide.all. records and' state the substance of all communications, written or oral, within FEMA or between FEMA and any,other agency, person, companyLor-

. organization-that:is directly or indirectly. relevant to.the: issues raised in.this Memorandum.

JAMES M. SHANNON.

ATTORNEY GENERAL By: 5U- b'*

Carol S. Sneider Allan R. Pierce Assistant Attorneys General Departmentoof the Attorney General One Ashburton Place, Rm. 1902 Boston, Massachusetts 02108 (617)727-2265 (Sneider)

(617)727-2220 (Fierce)

Date: .May.19, 1987