ML20214N191
| ML20214N191 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/20/1987 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Federal Emergency Management Agency |
| Shared Package | |
| ML20214N112 | List: |
| References | |
| OL, NUDOCS 8706020094 | |
| Download: ML20214N191 (9) | |
Text
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' n';ig UNITED STATES OF AMERICA
'87 NAY 20 P6 :20 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BO4RD.
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Public Service Company of New
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Hampshire, et. al.
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Docket Nos.
(Seabrook Station, Units 1 and 2)
)
50-443, -444 00-l'
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TOWN OF HAMPTON SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY.QH IJJI REW 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 " Commissions's") regulations require it to rely on FEMA for its own findings regarding the adequacy of emergency planning and preparedness.
10 C.F.R. 50.4 7 (a) (2).
FEM A's findings constitute " rebuttable presumptions" in NRC proceedings.
Id.
A 1980 Memorandum of Understanding between FEMA and the NRC further requires PEMA to "take the lead in offsite emergency planning and review and assess State and local emergency plans f or adequacy."
45 Fed. Reg. 82713 (December 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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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 presentlng FEMA's testimony, the interro-gatories are being served on the NRC for referral to FEMA.
INSTRUCTIONS EQB Ujig The following supplemental interrogatories are to be answered in writing and under oath by an employee, representative or agent of the Federal Emergency Management Agency (" FEMA") with personal knowledge of the f acts or information requested in each interrogatory.
We remind you of your obligation to supplement answers to interrogatories, under 10 C.F.R. 5 2.740 ( e) (1) and ( 2).
The following definitions shall apply to these interrogatories:
1.
" D o c u mftD.t " 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 l data, computer printouts, photographs, microfilm, microfiche, charts, I
analyses, intra-corporate or intra-of fice communications, notebooks, 2
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- 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.
2.
" Identify" with respect to any document shall mean to state the f ollowing 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.
"Mentify" with respect to any action or conduct shall mean state the f ollowing 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 effect of such action; any document recording or documenting such action.
4.
"Dascribe" with respect to any action or matter shall mean l
state the following regarding such action or matte:
the substance or nature of such action or matter; the persons participating in or having t'
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.
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i SUPPLEMENTAL INTERROGATORIES:
S-1:
Please supplement, and provide a full and complete response, to TOWN OF HAMPTON INTERROGATORIES AND REQUEST FOR THE PRODUCTIO DOCUMENTS TO THE FEDERAL EM E RG ENCY M AN AG E M E NT AGENCY ON TH HAMPSHIRE RADIOLOGICAL RESPONSE PLANS dated March 5,
1987 and previously served upon FEMA.
Please identify and describe FEMA's present position with S-2:
respect to all Motions for Summary Disposition, and responses thereto, previously filed in this proceeding.
Please consider the foregoing request to be continuing in nature.
The Town of Hampton requests that FEMA timely supplement its responses when new and additional information becomes available.
RespectZully subniitted,
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N Mat' thew T. Brock SHAINES & McEACHERN, P.A.
25 Maplewood Avenue Portsmouth, NH 03 801 (603) 436-3110 DATED:
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CERTIFICATE DE SERVICE I, Matthew T. Brock, one of the attorneys for the Town of Hampton herein, hereby certify that on May 19, 1987, I made service of the following documents, TOWN OF HAMPTON SUPPLEMENTAL INTERROGATORIES AND REQ UEST FOR THE PRODUCTION OF DOCUMENTS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLANS, TOWN OF HAMPTON SUPPLEMENTAL INTERROG ATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE NUCLEAR REGULATORY COM MISSION ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLANS, TOWN OF HAMPTON SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE STATE OF NEW HAMPSHIRE ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLANS, TOWN OF HAMPTON SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE APPLICANT ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLANS by depositing copies thereof with Express Mail, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):
- Helen Hoyt, Esq., Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission
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East West Towers Building M
8 4350 East West Highway y
4 Bethesda, MD 20814 4
- Judge Gustave A.
Linenberge r, Jr.
3 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission yo East West Towers Building 4350 East West Highway Bethesda, MD 20814
- Dr. Jerry Harbour Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission East West Towers Building i
4350 East West Highway Bethesda, MD 20814
- Atomic Safety and Licensing Board Panel I
U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Board of Selectmen 13-15 Newmarket Road Durham, NH 03 842 SH AINES & McE ACHERN. paorseco.as asecciaews arvon 4,e
O William S. Lord, Selectman Town Hall-Friend Street Amesbury, MA 01913 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portamouth, NH 03 801 Rep. Roberta C. Pevear Drinkwater Road Hampton Falls, NH 03844
- Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House, Station 6 Augusta, ME 04333
- Thomas G. Dignan, Esq.
R.K. Gad II, Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 Robert A. Backus, Esq.
Backus, Meyer & Solomon 111 Lowell Street Manchester, NH 03105
- Sherwin E. Turk, Esq.
Office of the Executive, Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Mr. Angie Machiros, Chairman Board of Selectmen Newbury, MA 01950 H. Joseph Flynn, Esq.
Office of General Counsel Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472 2
- George Dana Bisbee, Esq.
Stephen E.
Merrill, Esq.
Office of the Attorney General State House Annex Concord, NH 03301
- Carol S. Sneider, Esq.
Assistant Attorney General Department of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 I
Stanley W. Knowles Board of Selectmen P.O. Box 710 North Hampton, NH 03862 J.P. Nadeau, Selectman Selectmen's Office 10 Central Road Rye, NH 03 870 Richard E. Sullivan, Mayor City Hall Newburyport, MA 01950 Alfred V. Sargent, Chairman Board of Selectmen r
Town of Salisbury I
l Salisbury, MA 01950 Senator Gordon J. Humphrey U.S. Senate Washington, D.C.
20510 (Attn:
Tom Burack)
Michael Santosuooso, Chairman Board of Selectmen l
Jewell Street, RFD 2 l
South Hampton, NH 03827 Allen Lampert Civil Defense Director Town of Brentwood Exeter, NH 03833 Richard A. Hampe, Esq.
Hampe and McNicholas 35 Pleasant Street Concord, NH 03301 3
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Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 William Armstrong civil Defense Director 10 Front Street Exeter, NH 03833 Calvin A. Canney City Manager City Hall 126 Daniel Street Portsmouth, NH 03801
- Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 Sandra Gavutis Town of Kensington RFD 1, Box 1154 East Kensington, NH 03 827
- Diane Curran, Esq.
Andrea C.
Perster, Esq.
Harmon & Weiss 2001 S Street, NW Suite 430 Washington, DC 20009-1125 Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 Senator Gordon J. Humphrey One Eagle Square, Suite 507 Concord, NH 03301 (Attn: Herb Boynton)
- Howard A. Wilber Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission East West Towers Building Third Floor Mailroom 43 50 East West Highway Bethesda, MD 20814 4
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Mr. Thomas H.
Powcrs, III Charles P. Graham, Esq.
Town Manager McKay, Murphy & Graham Town of Exeter 100 Main Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 Mr. Peter Matthews Mayor City Hall Newburyport, MA 01950 Brentwood Board of S?lectmen RFD Dalton Road Brentwood, NH 03833 Judith H. Mizner, Esquire Silvergate, Gertner, Baker Fine, Good & Mizner 88 Broad Street Boston, MA 02110
\\{\\QR3 Matthew T.
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- Express Mail 5
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