ML20214N594
| ML20214N594 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/19/1987 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | HAMPTON, NH, MASSACHUSETTS, COMMONWEALTH OF, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#287-3555 OL, NUDOCS 8706020231 | |
| Download: ML20214N594 (10) | |
Text
$
M.
00LKEED usec 87 My 27 p1:25 Dated:
May 19, 1987 0FFT. '.
,.J' UNITEDiSTATES.,OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
)
)
APPLICANTS' OFF-SITE EP INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS, SEACOAST ANTI-POLLUTION LEAGUE, AND TOWN OF HAMPTON I.
INSTRUCTIONS Pursuant to 10 C.F.R.
$$ 2.715(c), 2.740(b) and 2.741, Applicants request that the attached Interrogatories be answered fully in writing and under oath by the Attorney General for the Commonwealth of Massachusetts (Mass. AG),
Seacoast Anti-Pollution League (SAPL), Town of Hampton (TOH) or any of their agents who has personal knowledge thereof.
The answer to each Interrogatory should contain the name and identification of the persons supplying the answer and whether or not they have verified the answer.
As used herein, the term " document" and " documents" means all tangible things, whether handwritten, typed, printed, or otherwise produced and all non-identical copies 8706020231 870519 PDR ADOCK 05000443
)b[
O PDR J
.=
thereof in the possession, custody, or control of Mass. AG, SAPL, and TOH including, but not. limited to, communications, correspondence, notes, field notes, work sheets, survey instruments, models, studies, reports, summaries, instructions, charts, schedules, photos, sketches and drawings,-maps, records, accounts and accounting records, opinions, machine readible records and computer translations, and reports of consultants.
As used herein, the' term " identify" means:
1.
In the case of a' natural person:
(a) name; (b) last known address; (c) employer or business affiliation; and (d) occupation and business position held.
2.
In the case of a document:
(a) identity of.the person or persons preparing it; (b) its title or a description of the general nature of the subject matter; (c) the identity of the addressee; (d) date of preparation; (e) identity of persons who can identify it; and (f) all of the aforementioned information should be supplied with such reasonable particularity sufficient to permit a specific demand for its production.
In lieu of the foregoing, a copy of the document may be supplied.
3.
In the case of oral statements and communications:
(a) when and where they were made; (b) identity of each of the makers and recipients thereof; (c) the medium of communication; and (d) substance of the statement and/or communication.
Pursuant to 10 C.F.R. 5 2.740(e), responses should be supplemented under circumstances when new or different information becomes available.
If Mass. AG, SAPL, and TOH cannot answer the Interrogatories in full, they shall so state and indicate when they expect to be able to answer in full to the Interrogatory.
a If a privilege or work product immunity is asserted as a ground for not producing any document, state for each such document its preparation date, author (s), addressee (s),
i i Y
2
7- -
.o title (s), pages, recipient (s), custodian, and subject matter to the extent not privileged, as well as the basis for withholding it.
II.
INTERROGATORIES In reference to the Affidavit of Albert E.
Luloff dated April 14, 1987 sponsored and incorporated in " opposition of Attorney General James M.
Shannon to Applicants' Motions for Summary Disposition on SAPL Contentions 34 (SAPL 34) and Town of Hampton Revised Contention IV (TOH IV)", " Seacoast Anti-Pollution League's Response to Applicants' Motion for Summary Disposition of SAPL Reasserted Contention 8A",
" Seacoast Anti-Pollution League's Response to Applicants' Motion for Summary Disposition of SAPL Contention No.
18",
" Seacoast Anti-Pollution League's Response to Applicants' Motion for Summary Disposition of SAPL No.
34",
" Town of Hampton Answer Opposing Applicants' Motion for Summary Disposition (TOH IV)", and " Town of Hampton Answer opposing Applicants' Motion for Summary Disposition (TOH VI)":
1.
Identify the data source (s) referred to in Luloff Aff. at 1 as "one of the first, and largest, integrated data banks on minor civil divisions in the state, which provides me a base of knowledge from which to do much of my work on community and population trends within New Hampshire."
Explain how the data bank can be relevant to any issue in Town of Hampton Revised Contention IV or SAPL Contention 34.
2.
Identify the informational source document (s) on l
which the following conclusions or estimates are based:
(a) the growth rates for the period 1950-1980 of Rockingham County, the nation, and the region as cited on page 2 of the Affidavit of Albert E.
Luloff (hereinafter "Luloff Aff.");
(b)
"Rockingham County alone accounted for more than 10% of the total New England population growth (51,400 of 501,000)" as stated in Luloff Aff. at 3;
~
(c) the method (s) or model(s) by which the " mere i
realistic" population estimates of the communities in the " aggregate" for 1990, 1995, and 2000 were derived, Luloff Aff, at 4; (d) 1985 population sizes of seventeen seacoast communities as stated at Luloff Aff. at 5; r
(e) the growth in housing units between 1970 and 1985 at Luloff Aff. at 7; and 3.
Identify the source (s) of information:
(a) referred to as "readily available" in the phrase "other data for a longer time series is readily available" at Luloff Aff. at 3; (b) referred to as published New Hampshire Department of Transportation information at-Luloff Aff. at 6.
4.
Identify the informational source document (s) on which is based the conclusion that 19,000 building permits were issued statewide in 1985 and that this was an 11,000 increase over 1983 as stated in Luloff Aff. at 7.
State the number of building permits:
(a) for the seacoast towns; (b) for the seventeen EPZ communities; (c) for new construction in the seacoast towns; (d) for new construction in the seventeen EPZ communities; (e) which resulted in completed housing units in the seacoast towns; (f) which resulted in completed housing units in the seventeen EPZ communities; (g) which resulted in completed housing units
)
designed for permanent housing populations in i
the seacoast towns; (h) which resulted in completed housing units designed for permanent housing populations in the seventeen EPZ communities.
5.
At Luloff Aff. at 14, it is stated:
"I am currently engaged in research which will provide me with a much more reliable basis that [ sic) that used by KLD for estimating the size of the special i
needs and transit dependent population within the EPZ."
Describe the nature of this research, and identify all sources of information, both documents and persons.
Describe the "early indications" that give figures twice as large as the NHCDA survey.
~4-F I
6.
At Luloff Aff. at 15, it is stated:
"Our research in 1987 has identified 39 institutions (public and private) with a total of 12,077 students."
Describe the nature of this research, and identify the sources of information, both documents and i
persons.
Identify and produce the research results and identify the persons and organizations which participated in the research.
7.
At Luloff Aff, at 15 it is stated that "there are many more facilities which were apparently overlooked by Kaltman in the initial report Identify these facilities and the source or sources of this information.
8.
Identify the source (s) document (s) used in arriving at the figures of the 24 total institutions with a total of 1,062 beds, cited at Luloff Aff. at 15-16.
Identify and produce the method (s) of model(s) by which these figures were determined.
9.
Identify the sources of information supporting the assertion that "a major undercount of needed transportation resources has occurred."
10.
At Luloff Aff. at 17, it is stated:
"[dlata exist which documents an increase of over 1,100 condominium units in the Town of Hampton alone between 1980 and 1985 Identify this data and all sources of information regarding such data.
11.
Identify the informational source document (s) and method (s) or model(s) used in estimating average annual rates of growth for the years 1990, 1995 and 2000.
12.
Identify the sources of information used for the assertion that many of the seventeen EPZ communities " continue to experience rapid growth, far exceeding naticoal, regional, and state averages".
Identif3 each such town, the percentage of growth in excesa of each such average, and the corresponding year for each such percentage.
Identify which " national planning organizations" have " targeted this area as one which will continue to experience growth, largely as a result of its valued residential ambience, pror'.ity to large metropolitan centers, and good hA9hsay access (especially Routes 95 and 495)."
13.
Identify the informational source document (s) regarding " traffic counts and housing patterns" l ;
r which you holds supports Seacoast Anti-Pollution o
League Contention No. 31.
Indicate the date, time,
~
and location of each survey or information-gathering activity which resulted in the traffic counts and housing patterns referenced in Luloff Aff.
14.
Identify the source (s) of quotation for all data attributed to PSNH regarding population growth rate (Luloff Aff. at 8) and non-agricultural employment growth rate (Id. at 9).
15.
Identify all source (s) document (s) for industry and employee growth figures for the years 1980 and 1985 cited in Luloff Aff, and state if any of the figures include agricultural employment.
Identify the percentage of the industries / employers are located within the seventeen EPZ communities, by community, and the percentage of full versus part time or seasonal employment figures.
16.
Identify the sources of information regarding employment and industry figures developed by the New Hampshire Department of Employment Security referenced in Luloff Aff. at 10.
17.
Identify the U.S.D.A.
aerial photographs taken in 1974 and 1982 referenced at Luloff Aff. at 10 and any and all reports based upon such photos as may have been provided by the " geographical information system."
Identify the sources of information regarding specific " developed rates" for each of the EPZ towns for the years 1974 and 1982.
18.
Identify the data, sources, and equations used in arriving at the Luloff Aff. statement that "in Hampton only 2% responded" to the NHCDA Special Help Survey.
19.
Identify those documents regarding research in which Mr. Luloff is or has been engaged concerning estimate of special needs and transit dependent populations within the EPZ.
20.
Identify those documents regarding research efforts in 1987 which indicate the names of institutions and numbers of students / beds / sites for each EPZ community; provide the address, lead contact name, and phone for each such institution, day care, preschool, health care facility, and campground. C-
- 21.. Identify the report by the New Hampshire Office of State Planning, Hampton Beach Chamber of Commerce, Arthur D. Little, Inc., and Kimball Chase Company, referenced in Luloff Aff. at 17.
22.
Identify the source or sources of information within the Hampton Chamber of Commerce used to estimate 6,000 seasonal units / rooms in 1987 in Hampton.
If the information was conveyed in a written report, identify that report.
If the information was verbally transmitted, identify the transmitter and date of transmission.
23.
Provide the basis for the assertion at Luloff Aff.
at 12 that KLD's telephone survey was biased.
Indicate any qualitative effect the asserted bias would have on the ETE.
III.
DOCUMENT REQUEST Applicants request that Mass. AG, SAPL and TOH, pursuant to 10 C.F.R. 5 2.741, provide copies of or make available for inspection and copying at a designated time and place the documents identified in response to the foregoing Part II Interrogatories.
Thodas G.-Dignan, Jr..
George H.
Lewald Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Applicants l- (_
DOLMETED USNRC CERTIFICATE OF SERVICE I, Kathryn A. Selleck, one of the attorneys for t2E MY 27 P1 :26 Applicants herein, hereby certify that on May 19, 1987, I'
made service of the within document by depositing copp9 y y
,7 thereof with Federal Express, prepaid, for delivery ts'C PENg a tow $L where indicated, by depositing in the United States mai, BRANCH first class postage paid, addressed to):
Administrative Judge Helen Hoyt, Robert Carrigg, Chairman Chairperson, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office Atlantic Avenue U.S. Nuclear Regulatory '
North Hampton, NH 03862 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Gustave A. Linenberger Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC -20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee-U.S. Nuclear Regulatory Assistant Attorney. General Commission Office of the Attorney General-East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH. 03301-6397 Bethesda, MD 20814
- Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commiscion U.S.-Nuclear Regulatory Commission Washington, DC 20555 Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814
- Atomic Safety and Licensing-Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street-U.S. Nuclear Regulatory P.O.
Box'516
. Commission Manchester, NH 03105 Washington, DC 20555 r-
c Philip Ahrens, Esquire Mr.
J. P. Nadeau o
Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O. Box 360 Boston, MA 02108 Portsmouth, IE 03801 Mrs. Sandra Gavutis
-Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey Mr. Angie Machiros Chairman of the U.S.
Senate Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S.
Lord Tcwn Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H.
Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire Richard A.
Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 1 l
r
Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker, 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 019,13 (L/All K4th'2/yn 'A.
Selleck
(*= Ordinary U.S. First Class Mail.)
T.
_