ML20215D760
| ML20215D760 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/11/1987 |
| From: | Brock M, Mchearn P PUBLIC SERVICE CO. OF NEW HAMPSHIRE, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3781 OL, NUDOCS 8706190135 | |
| Download: ML20215D760 (12) | |
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00CKETED L'S NPC UNITED STATES OF AMERICA
. NUCLEAR REGULATORY COMMISSION
'87 JUN 15 A10:01 o
before the
-ATOMIC SAFETY AND LICENSING BOARD crr:ry OXnt i,
)
In.the Matter of
)
June 11, 1987
)
1 PUBLIC SERVICE COMPANY OF
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Dock 9t Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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Off-site Emergency (Seabrook Station, Units.1 and 2)
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Planning Issues
)
)
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TOWN OF HAMPTON MOTION TO COMPEL DISCOVERY ll l
Now comes the Town of Hampton, pursuant to 10 CFR S2. 740 (f), and moves this Board to compel Applicants to provide complete answers to interrogatories previously served upon Applicants.
In support of this motion, the Town of Hampton states:
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1.
Under date of May 19, 1987, the Town of Hampton served on Applicants TOWN OF HAMPTON SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE APPLICANTS ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLAN.
l 2.
On June 5, 1987, Applicants served upon the Town of Hampton l
answers to the Town's supplemental interrogatories.
3.
Certain of Applicants' answers are evasive or incomplete.
The Town's questions, and Applicants' answers requiring supplementa-l tion, are as follows:
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INTERROGATORY S-2 With respect to the PERSONNEL RESOURCE ASSESSMENT
SUMMARY
, April 1987, previously filed by Applicants I
with the Licensing Board, please identify all persons,
)
including persons employed by or having knowledge of J
the Town of Hampton, referenced at page 2-2 which provides " surveys were conducted with persons knowl-j edgeable about the specific Town to verify and adjust the numbers of required and available personnel re-sources."
With respect to each such person so identified, please state the dates of any such surveys, discussions, correspondence, or any communications whatsoever, the persons conducting or involved in each such surveys or communication, the subject matter of each, the information obtained therefrom, and whether this information is relied upon or incorporated into the personnel resource assessment summary, April, 1987.
RESPONSE
Meetings with respect to the surveys were conducted with Town of Hampton personnel to determine the number of persons available to perform emergency response functions.
Meetings held with town officials were:
Date Place
'Ibpic_
Interviewer Contact 11/19/86 Hampton Town Resource Survey Judy Rainey Phil Richards Hall (Consultant)
('Ibwn Manager /CD Director) 12/10/86 Hampton Town Resource Survey Judy Rainey Phil Richards Hall (Consultant)
(Town Manager /CD Director)
Tony Kunch (Fire Chief)
Bob Mark (Police Chief) 12/17/86 Hampton Resource / Planning Dave Deans Bob Mark (Police Chief)
Police Dept.
Meeting NHCDA Dave Pelletier (Hampton Keith Ashley Police Department)
(Consultant)
Dave Kalway (NH State Police) 3/26/87 Public Works Resource Verifi-Ed Hartnett John Hangan (Public Department cation (Consultant) itrks Director 5/6/87 Hampton Resource Meeting Dave Deans Bob Mark (Hampton Police Dept.
Personnel Utili-(NHCDA)
Police Chief) zation George Sgt. Barnard (Hampton Willant Police Department) i (Consultant)
D. Pellitier (Hampton Police Department j
l SHAINES fa McEACHERN. PROFESSONAL ASSOCIATION j
29 MAPLEWOOD AVENUE P O BOX 360 PORTSMOUTH. N H. 03801
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Information o'btained pertaining to personnel avail-availabilities was relied upon in the development of, Land contained in,'the personnel resource ~
assessment' summary in addition _to available documentation.
DEFICIENCY REQUIRING SUPPLEMENTATION Applicants' answer to'S-2' wholly fails to provide "the'infor-
.mation obtained" in the surveys and communications between Town of Hampton officials _and representatives of. Applicants.
While Applicants state that the information obtained from Town officials "was relied i
upon in the development of.
the personnel resource assessment summary," the Town is left to. guess what information Applicants in fact obtained from Town of Hampton officials, what portion may have been obtained but omitted from the summary, and the specific infor-mation'provided to Applicants, whether or not made a part of the-summary.
Applicants' statement of the " topic" under discussion (e.g.,
" Resource Survey"), is plainly evasive and incomplete.
If Applicants maintain that the Town of Hampton identified specific persons, de-partments, and/or resources regarding the RERP, that information should_be specifically provided to the Town.
The Town should not be subject to trial by ambush or impeachment of the Town's witnesses at I
licensing hearing, based upon statements purportedly provided to Applicants, which were never disclosed to the Town's attorneys.
INTERROGATORY S-3.With reference to the personnel resource assessment summary, April, 1987, identify and describe what steps were taken "to insure that each plan reflected all of the required planning responsibilities," what steps were taken "to identify all of the tasks required to be performed in fulfilling the contemplated emergency response functions," and what stcps were taken "to identify personnel resources available to fill the emergency response positions for each municipality identified in the procedural walk throughs."
In l
SHAINES (s McEACHERN. PROFESSONAL ASSOC 1ATON e
25 MAPLEWOOO AVENUE. R O. EBOX 360. PORTSMOUTH. N H. 03801
responding to this question, please identify and describe all documents relied upon in support of the personnel resource assessment summary and in support of this answer.
RESPONSE
As stated in the personnel resource assessment summary (Page 2-1, 2), "The first step in this process was to ensure that each plan reflected all of the required planning responsibilities.
This was done by a review of each plan and its associated procedures against present federal guidance and against other RERPs that make up the entire offsite response effort for Seabrook Station."
Furthermore,
[b]uilding upon the reivew of each plan, a walk-through of each implementing procedure was then conducted to identify, by position and functional responsibility, all of the tasks required to be performed in fulfilling the contemplated emergency resonse functions.
This process led to the determination of specific numbers of personnel required to implement each plan and the identification of those positions requiring staffing for 24-hour operations.
The resulting identified personnel needs are displayed in the forms of emergency response organization charts for each of the six towns currently not participating in emergency planning efforts.
An Organization Chart for each town is included within the respective town section of this report."
Steps taken to identify personnel resources available to fill the emergency response positions included analysis of available documentation and the surveying of persons knowledgeable about the specific town as outlined in the personnel resource assessment summary at 2-2.
Documents relied upon are listed in tables provided at the end of each town, county or state summary and have been previously provided through the discovery process.
DEFICIENCY REQUIRING SUPPLEMENTATION Applicants' response is deficient in two respects.
First, the Town requested Applicants to identify "what steps were taken 'to identify personnel resources availables to fill the emergency response positions for each municipality identified in the procedure walk throughs.'"
In response to this question, Applicants merely quote the SHAINES & McEACHERN. PROFESSIONAL ASSOCIATION 25 MAPLEWOOD AVENUE P O BOX 360 PORTSMOUTM. NM 03801 I
4 predictably vague language of the personnel resource assessment summary that "a walk-through of each implementing procedure" formed the basis for identifying specific numbers of personnel required to implement the Town of Hampton's RERP.
This answer provides no infor-mation as to how the purported " walk-through" was performed, no in-formation as to how the specific numbers of Town of Hampton personnel were computed and no information from which the Town of Hampton can review, evaluate, or critique Applicants' procedural " walk-through."
Second, Applicants' response is deficient for failure to " identify and describe all documents relied upon in support of the personnel resource assessment summary."
Applicants merely refer the Town to those documents " listed in tables provided at the end of each town."
A review of those documents purportedly relied upon to compute the Town of Hampton's personnel resource needs, as set forth in the personnel resource assessment summary, are as follows:
A.
New Hampshire Radiological Emergency Response Plan, Rev.
2, Town of Hampton, Volume 18; B.
New Hampshire Radiological Emergency Response Plan, Rev.
2, Letters of Agreement Volume 5 (New Hampshire Towing Association);
C.
Documentation provided by New Hampshire Civil Defense Agency representatives; D.
Documentation provided by the New Hampshire Fire Standards Commission; E.
Town RERP Appendices as updated by ongoing resource assess-ment program (including supporting material).
SHAINES fn McEACHERN. PROFESSIONAL A5500ATON 25 MAPLEWOOD AVENUE. P. O. BOX 360 PORTSMOUTH N H. 03801
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With the exception of Volumes 5 and 18 of the RERP, the materials
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referenced as " documentation for the Town of Hampton" are not "identi-
)
fled" by title, author, date, or by other information required to be provided as requested in the Town of Hampton's instructions for use in 1
the interrogatories propounded to Applicants.
Applicants wholly failed to identify documentation provided by New Hampshire Civil Defense, the New Hampshire Fire Standard Com-mission, or " supporting material" or other " updated" documentation generated by Applicants' resource assessment program.
Applicants' personnel resource assessment summary represents a compilation of conclusions, without' factual basis in the document itself.
The Town of Hampton is entitled to be informed as to the documentary basis for this summary'in order to properly review and critique Applicants' proferred claims of personnel resourcer in the Town.
INTERROGATORY S-7 With reference to Anthony M. Callendrello's Affidavit submitted in support of Applicants' Motion for Summary Disposition on Town of Hampton VI, identify and describe:
b.
How Mr. Callendrello computed that up to 70 persons are required for Town of Hampton Emergency Response Organization, c.
By name and employment position, the 127 persons available to Town of Hampton to serve in an emergency response capacity, and the specific capacity for each, f.
All conversations, correspondence, communcations, or surveys, referenced at paragraph 15 of 1
"' 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 viewed 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."
Instructions for Use, Town of Hampton Supple-mental Interrogatories and Request for the Production of Documents to Applicants on the New Hampshire Radiological Emergency Response Plan.
SHAINES 6 McEACHERN. PROFESSIONAL ASSOCATION 25 MAPLEWOOD AVENUE P O. BOX 360 PORTSMOUTH. N H. 03801
Mr. Callendrello's Affidavit, including those, directly or indirectly,.with Town of Hampton officials, the dates thereof and substance of same.
RESPONSE
b.
As stated in the personnel resource assessment summary "... a walk-through of each implementing procedure was then conducted to identify, by position and functional. responsibility, all of the tasks required to be performed in fulfiling the contemplated-emergency response functions.
This process led to the determination of specific numbers of personnel required to implement.each plan..."
(summary at 2-1)-
c.
Objection.
The level of detail requested is beyond that required by NUREG-0654 or other pertinent regulations.
f.'
See response to Town of Hampton Interrogatory S-2.
DEFICIENCY REQUIRING SUPPLEMENTATION b.
This response is objectionable for reasons previously set forth in S-2 amd S-3,
" Deficiency R'equiring Supplementation."
By this interrogatory, the Town of Hampton asks Applicants to identify specifically how Applicants'" computed that up to 70 persons are re-quired for Town of Hampton Emergency Response Organization."
Appli-cants' quotation from the summary, regarding the vague and ill-defined
" walk-through" of implementing procedures, wholly fails to answer the question as presented and again leaves the Town merely to speculate as to the basis upon which Applicants computed the number of persons necessary to implement the Hampton RERP.
t c.
Applicants object to identifying those Town of Hampton officials who purportedly comprise the personnel pool to implement the i
Hampton RERP.
The Town believes that once Applicants provide the requested information, most of the individuals relied on by Applicants will prove either untrained for their duties as assigned under the
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SHAINES ss McEACHERN PROFESS 80NAL ASSOCATION 25 MAPLEWOOD AVENUE R O BOX 360 PORTSMOUTH. N.H. 03801
s RERP, or will represent only seasonal or part-time employees not readily available to respond to a radiological emergency.
In response to Applicants' prior motion to compel against the Town of Hampton, this Board ordered the Town to answer Applicants' interrogatories seeking information as to how the Town would respond to a non-radiological emergency.
In addition to other information, this Board ordered the Town to " provide a list of all personnel that are avail-able to the Town to respond such an emergency including names, addresses 2
and telephone numbers."
As stated by Applicants in their motion to compel answers to interrogatories from the Town, " Applicants' possession of the answers -
which TOH has by no means shown - is also irrelevant to Applicants' right to such answers from TOH.
Applicants may have less - or more -
knowledge than TOH.
That will be discovered once TOH responds to the 3
question."
2 See TOWN OF HAMPTON SUPPLEMENTAL ANSWERS TO INTERROGATORIES, S-7, dated May 6, 1987.
3 See APPLCANTS' MOTION TO STRIKE TOWN OF HAMPTON REVISED CONTENTION III and MOTION TO COMPEL ANSG76 TO INTERROGATRIES PROPOUNDED TO TOWN OF HAMPTON AND RESPONSE TO MOTION FOR PROTECTIVE ORDER dated March 30, 1987.
l SHAINES E McEACHERN. PROFESSIONAL ASSOCATION 25 MAPLEWOOO AVENUE P O BOX 560. PORTSMOUTH, N H 03801
]
Since this Board ordered the Town of Hampton to identify Town resources in response to Applicants' interrogatories, plainly the Town is entitled to similar information from Applicants, upon which Applicants rely in computing the Town's personnel resources.
For Applicants now to state that "the level of detail requested is beyond that required by NUREG-0654 or other pertinent regulation" only under-scores Applicants' willingness to adjust its interpretation of regula-tions when expediency dictates.
For reasons set forth above, the Town of Hampton respectfully requests this Board order Applicants to provide full and complete answers to interrogatories identified herein.
Respectfully submitted, TOWN OF HAMPTON By Its Attorneys, SHAINES & McEACHERN, P.A.
By
[aulMcEachern
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N-O Dated:
June 11, 1987 By
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' Matthew T.
Brock s
SHAINES & McEACHERN. PROFESSONAL ASSOC:ATION 29 MAPLEWOOD AVENUE P O. Box 360 - PORTSMOUTH, N.H. 03801
C0Ck[iEn
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CERTIFICATE OF SERVICE I, Matthew T. Brock, one of the attorneys for the TSw615 A10:01 of Hampton herein, hereby certify that on June 11, 1987 I made DISCOVERY by depositing copies thereof in the United S{g,T.O COMPEL service of the following document TOWN OF HAMPTON MOTIO g g~ h p j' y
O Mail first class postage prepaid for delivery (or, where indicated, by Express Mail, prepaid) addressed to:
- Helen Hoyt, Esq., Chairman
- Judge Gustave A.
Linenberger, Jr.
. Atomic. Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel East West Towers Building U.S.
Nuclear Regulatory Comm.
4350 East West Highway East West Towers Building Sethesda, MD 20814 4350 East West Highway Bethesda, MD 20814
- Dr. Jerry Harbour Atomic Safety and Licensing Board
- Atomic Safety and Licensing Panel Board Panel U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Comm.
East West Towers Building Washington, DC 20555 4350 East West Highway Bethesda, MD 20814
- Atomic Safety and Licensing Appeal Board Panel
- Docketing and Service U.S.
Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Mrs. Anne E.
Goodman William S.
Lord, Selectman Board of Selectmen Town Hall 13-15 Newmarket Road Friend Street Durham, NH 03842 Amesbury, MA 01913 Jane Doughty Rep. Roberta C.
Pevear Seacoast Anti-Pollution League Drinkwater Road 5 Market Street Hampton Falls, NH 03844 Portsmouth, NH 03801
- Philip Ahrens, Esq.
- Thomas G.
Dignan, Esq.
Assistant Attorney General George H. Lewald, Esq.
l Office of the Attorney General Kathryn A.
Selleck, Esq.
State House Ropes & Gray Station 6 225 Franklin Street Augusta, ME 04333 Boston, MA 02110 Robert A.
Backus, Esq.
- Sherwin E.
Turk, Esq.
Backus, Meyer & Solomon Office of the Exec. Legal Dir.
111 Lowell Street U.S.
Nuclear Regulatory Comm.
Manchester, NH 03105 Tenth Floor i
7.735 Old Georgetown Road Bethesda, MD 20814 I
I, SHAINES & McEACHERN. PROFESSONAL ASSOCIATION 25 MAPLEWOOO AVENUE P O. BOX 360 PORTSMOUTH. N H. 03801
'o'.
Mr. Angie Machiros, Chairman H.
Joseph Flynn, Esq.
Board of Selectmen Office of General Counsel Newbury, MA 01950 Federal Emergency Mgmt. Agency 500 C Street, S.W.
- George Dana Bisbee, Esq.
Washington, DC 20472 Stephen E. Merrill, Esq.
Office of the Attorney General
- Carol S.
Sneider, Esq.
State House Annex Donald S.
Bronstein, Esq.
1 Concord, NH 03301 Allan R. Fierce, Esq.
Dept. of the Attorney General One Ashburton Place 1
Stanley W. Knowles 19th Floor Board of Selectmen Boston, MA 02108 P.O. Box 710 North Hampton, NH 03862 J.
P.
Nadeau,-Selectman Richard E.
Sullivan Selectmen's Office Mayor 10 Central Road City Hall Rye, NH 03870 Newburyport, MA 01950 Alfred V.
Sargent, Chairman Senator Gordon J. Humphrey Board of Selectmen U.S.
Senate Town of Salisbury Washington, DC 20510 Salisbury, MA 01950 (Attn:
Tom Burack)
Michael Santosuosso, Chairman Allen Lampert Board of Selectmen Civil Defense Director Jewell St.,
RFD 2 Town of Brentwood So. Hampton, NH 03827 Exeter, NH 03833 Richard A.
Hampe, Esq.
Gary W.
Holmes, Esq.
Hampe and McNicholas Holmes and Ellis 35 Pleasant Street 47 Winnacunnet Road Concord, NH 03301 Hampton, NH 03842 William Armstrong Calvin A. Canney, City Manager Civil Defense Director City Hall 10 Front Street 126 Daniel Street Exeter, NH 03833 Portsmouth, NH 03801
- Edward A.
Thomas Sandra Gavutis Federal Emergency Mgmt. Agency Town of Kensington 442 J.W.
McCormack (POCH)
RFD 1, Box 1154 Boston, MA 02109 East Kensington, NH 03827 f
Charles P.
Graham, Esq.
- Diane Curran, Esq.
McKay, Murphy & Graham Andrea C.
Ferster, Esq.
100 Main Street Harmon & Weiss Amesbury, MA 01913 Suite 430 2001 S Street, N.W.
Washington, DC 20009-1125 SHAINES (n McEACHERN. PROFES$10NAL ASSOCIATION 25 MAPLEWOOD AVENUE P O. Box 360 PORT $ MOUTH, N.H. 03801
Robert Carrigg, Chairman Senator Gordon J.
Humphrey Board of-Selectmen One Eagle Square, Suite 507 Town Office Concord, NH 03301 Atlantic Avenue (Attn:
Herb Boynton)
North Hampton, NH 03862 Mr. Thomas H.
Powers, III Mr. Peter Matthews Town Manager.
Mayor Town of Exeter City Hall 10 Front Street Newburyport, MA 01950 Exeter, NH 03833 Brentwood Board of Selectmen Judith H. Mizner, Esq.
RFD Dalton Road Silvergate, Gertner, Baker, Brentwood, NH 03833 Fine, Good & Mizner 88 Broad Street Boston, MA 02110
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Matthew T.
Brock
- UPS NEXT DAY AIR l
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SHAINES G McEACHERN PRC: ESSONAL ASSOQATON 25 MAPLEWOOO AVENUE P. O. BOX 160 - PORT 5 MOUTH. N H 03801