ML20215J910
| ML20215J910 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/15/1987 |
| From: | Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20215J802 | List: |
| References | |
| OL, NUDOCS 8706250149 | |
| Download: ML20215J910 (6) | |
Text
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June 15,1987 00CK!;.iED U3Nm UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Public Service Company of
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New Hampshire, et al.
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Docket Nos. 5 0-443 OL
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50-444 OL (Seabrook Station, Units 1 & 2)
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OFFSITE EMERGENCY
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PLANNING ISSUES
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NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION TO COMP EL ANSWERS TO NECNP' S THIRD SET OF INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO APPLICANTS ON REVISION 2 TO THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY PESPONSE PLAN The New England Coalition on Nuclear Pollution ("NECNP")
hereby requests that the Licensing Board order the Applicants to
~ iscussed below, answer NECNP's Interrogatories 16 and 17.
As d
Applicant's answer to Interrogatory 16 was evasive and incom-plete.
Applicants also fail to make a sustainable objection to Interrogatory 17.
Interrogatory 16 r equests the f ollowing information:
Please identify all plans for continuing work on-the
" program," as discussed at page 2-3 of the Personnel Summary.
Have these plans been implemented?
If so, how and when.
Please identify and provide access to all documents that reflect continued work or plans for continued work on the " program."
This _ interrogatory refers to the " Personnel Resource Assessment Summary" which was prepared by Applicants and served on the parties in April,1987.
Applicants answered that they intended to " continue to provide support to the State of New Hampshire 8706250149 870615 PDR ADOCK 05000443 0
1 i '
with respect to the personnel resource assessment program in order to ensure the availability of personnel resources within the various state agencies and supporting organizations and within the local municipalities."
Applicants' Response to Inter-rogatories, filed June 4, 1987.
According to Applicants, they i
plan-to " maintain an open dialogue with key persons from various
' organizations so that any pertinent inforraation on personnel availabilities may be incorporated as it is made available."-
i Applicants. identified no documents that are responsive to the i
interrogatory, nor did they state that no relevant documents j
I exist.
1 I
s Applicants' answer is vague and misleading.
It implies that
.the State of New Hampshire is responsible for the personnel resources assessment, and that Applicants' principal goal is to support the State in its continuing assessment.
It is obvious i
f rom the language used in Section 2 of the Personnel Resources 1
Assessment Summary, however, that Applicants, and not the State
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of New Hampshire, carried out the personnel survey sunmarized in Applicants' report.
In fact, in its answers to NECNP's inter-rogatories, the State of New Hampshire claims not to 'have the
" backup" information supporting Applicants' swnmary.
State of New Hampshire's Response to NECNP's Third Set of Interrogatories, filed June 4,1987, at 1-2.
Applicants should be required-to i
state whether they have any plans to complete their own program; describe specifically what those plans are; and provide copies of any relevant documents.
.. )
Interroaatory 17 which also relates to the Personnel Resources Assessment Summary, reads as follows:
Please provide the names, titles, and work and home addresses of a11' personnel who are listed as " Avail-able" in Table 3.1-3, entitled " Overview of Personnel Requirements for State Agencies Required to Assist Municipalities Unable to Respond to an Emergency," Sec-tion 3. of the Personnel Sumn.ary, page 1 of 3.
For each individual identified above, please provide the following information:
a.
Has that person been assigned to a specific local emergency response function?
If so, what are his or her responsibilities?
b.
Has that individual bEen informed of his or her responsibilities during a radiological response l
at Seabrook?
If so, how was he or she informed?
c.
Has that individual consented to carry out his or her responsibilities?
If so, how was the consent obtained?
d.
Please identify those inoividuals who have been trained for an emergency response, and state when that training took place and by whom the train-ing was conducted.
Was the training focused on the l
individual's specific responsibilities?
l Applicants object that this entire interrogatory seeks a level of detail not required by the regulations or NUREG-0654.
The pools which will be drawn upon are listed in the NHRERP Volume 2,.
Appendix G.
No more is required."
Applicants are incorrect.
The standard for discovery is not what is required ultimately to satisfy the regulations, but whether the information requested is " relevant"~to the litiga-tion.
10 CFR S 2. 740( b) (1).
Applicants recently served on the parties a " Personnel Resources Assessment Summary" that purports
l
. i to: demonstrate that the State of New Hampshire has adequate per-sonnel to respond promptly to an accident at Seabrook.
The information about the study which NECNP requests in this inter-rogatory is' highly relevant to the litigation of NECNP Contention NHLP-2, which contests the adequacy of emergency responseLstaff-ing.-
It is also relevant to the litigation of evacuation time.
estimates.
Information about whether employees understand and agree to their roles, and have been trained to carry them out, is directly' relevant to the question of whether emergency response personnel "can ana-will"' carry out1their responsibilitie,s.
1 Information about where New' Hampshire employees work and ' live is also relevant to the question of how long it might'take for them
'to get to the EPZ and undertake their roles.
Moreover, the state employees whom Applicants considers to be available for an emergency response at Seabrook are inherently in possession of " discoverable information" because they can pro-vide. firsthand information as to whether they will be available to respond to an emergency at Seabrook.
The identity of these individuals is discoverable under 10 CFR S 2.740(b)(1).
See 81so 1
U.S. v. Chatham-City Corp., 7 2 F.R.D.
640, 644 (S.D.Ga. 1976),
l t
(Identity of persons having know1cdge of the subject matter of the litigation is " discoverable as a matter of right.")
The
-employee pools listed in Volume 2, Appendix' 6, do not provide this information.
Regardless of how the Board rules on NECNP's motion to compel answers to any other part of this interrogatory, l
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. Applicants should be required to identify all state employees that it considers will be available to respond to an emergency at Seabrook.
Respectfully submitted, (b.<
' Lv Diane Curran HARMON & WEISS 2001 "S"
St reet N.W. Su ite 4 30 Washington, D. C.
20009 (202) 328-3500 June 15, 1987 l
I cer tify that on June 15, 1907, copies of the foregoing Motion to Compel were servec by hand, overnight mail, or first-class mail on all parties to this proceeding, as designated on the attached service list.
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' Diane Curran l
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'87 JUN 18 P4 :26 SEAh001 SERVICE LIST -- OffSliE LICENSING BOARD N.: h, 442 J.W.~fcCormack
- Helen F. Hovt, Chairsan North Haspton, NH 03826 oston,'MA' 02109
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AtostcSafetyandLicensing 8oard J.P. Nadeau rSherwinE. Turk,Esq.
l U.S. CRC Town of Rye Office of General Counsel Sandra Gavut:s i
Washington,D.C. 20555 155 Washingten Road U.S. NRC RfD 1 los 1154 Rye, New Haspshire 03870 Washington. 0.C. 20555 Easttensington,NP 03827
- Dr. Jerry Harbour AtcaicSafetyandLicensing RichardE.Sullivan, Mayor Mr. Angie Machiros, Chairsan CharlesP.Grahas,Esq.
j toard CityHall BoardofSelectaen Mctay, Me phy and Grahas i
U.S. NFC Newburyport,MA 01950 Newbury, MA 01950 100 Main Street j
Washington,D.J. 20555 Asesbury, MA 01913 l
AlfredV.Sargent,Chairsan H. Joseph flynn Esq.
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- GastaveLineneerger loard of Selectsen OfficeofGeneralCounsel t
Atcair. Safety and Licensing TownofSalisbury,MA 01950 FEMA loard 500 C 3treet S.W.
8 By hand U.S. CRC Senator Gordon J. Huaporey Washington,D.C. 20472 Washington,D.C. 20555 U.S. Senate
- 8r federal Express Washington, D,C. 20510 4 6 George Dana Bisbee, Esq.
Alca:c Safeb 4nd Licens1rtg (Attn. los aurack)
Geof frey M. Huntington, Esq.
Wrcranel OfficeoftheAttorneyGeneral U.S. NRC Selectaen of Norttasoton State House Anner dasnirgton, D.C.
20555 Northasoten. New Hasosaire Concord,NH 03301 93926 Atcetc Safet, iS Licensing AllenLaspert Arp m ioari 4nt!
Senator Gordon J. Huschrey CivilDefense01 rector U.S. NRC 1 Eagle Square. Ste 507 Town of frentomood 6sntrigton, 0.0.
20555 Conecro, NH 03301 Efeter,NH 03833 Socket!ng ana Service Michael Santosuosso, Chairsan Richard A. Haspe, Esq.
i U.S. MC leard of Selecteen HaspeandMcNicholas Washir.gon,D.C. 20555 Jewall Street, AFD i 2 35 Pleasant Street South Haspten. NH 03842 Concord, r!H 03301 Grs. Anne E. Goodean Board of Mlectsen Judith H. Milr r, Esq.
GaryW.Holses.Esq.
13 15 New Marvet Road Silvergiate,Gertner,etal.
Holses&Ellis Derhas. NH 03342 88 Broad Street 47 Winnacunnent Road Boston,MA 02110 Haspton, NH 03842 Willias S. Lord, Selectsan founHall--FriendStreet Rep. Rcberta C. Pevear WilliasArestrong Asesbuvy,MA 01913 Drinkwater Road CivilDefenseDirector Haspton, falls, NH 03844 10 front Street JaneDoughty Exeter, NH 03833 SAPL PhillipAhrens.Esq.
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$MarketStreet AssistantAttorneyGeneral CalvinA.Canney l
Portssouth,NH 03801 Statehouse, Station 46 CityManager Augusta. ME 04333
,CltyHall Carols.Sneifer, Esquire
'126 Dasiel Strett n,+M
-7j Assistant Attorney General' 881hosasG.Dignan,Esq.
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1AshburtonPlace,19thFloor R.E. Gad II, Esa.
5-n Vf loston, MA 02108 Bopes & Gray Matthew T. Ireck, Esq.
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j.v;'. N 225FranklinStreet cShaines & McEachern '
'd. E, g? i StanletW.Inowles 805 ton,MA 02110
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