ML20216D107

Applicant Answer to Motion to Compel of Town of Hampton.* Town of Hampton 870611 Motion to Compel Answers to Listed Supplemental Interrogatories Re Personnel Resource Assessment Summary Should Be Dismissed.W/Certificate of Svc

ML20216D107
Person / Time
Site:	Seabrook
Issue date:	06/22/1987
From:	Steenland D PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-3858 OL, NUDOCS 8706300454
Download: ML20216D107 (10)

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i UNITED' STATES OF AMERICA prte , j UGO:: ~ m 3, ;

NUCLEAR REGULATORY COMMISSION before the' ] 1 ATOMIC: SAFETY,AND LICENSING BOARD k i

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In the Matter'of -)

.)- Docket'Nos. 50-443-OL .)

PUBLIC SERVICE COMPANY _OF )' 50-444-OL ]

.NEW HAMPSHIRE, et al. ) Off-site Emergency  ?

) Planning Issues ,

'(Seabrook Station, Units 1 and-2)

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i APPLICANTS ANSWER TO-MOTION

'TO COMPEL OF TOWN OF HAMPTON In'its Motion to Compel filed under'date of.' June 11,.

1987, Town.of Hampton (TOH) seeks to. compel answers to certain of its supplemental interrogatories regarding Applicants' Personnel-Resource Assessmenc Summary (Summary).

.1. Interrogatory S-2 q

TOH's first complaint concerns Applicants' answer to interrogatory S-2 wherein TOH inquiredfas to thf identity'of-persons referenced at page 2-2 of the Summary. !Regarding each person identified, TOH requested that Applicants provide:

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.1) the date of communication with that person;

2) the person conducting.or. involved in the

< communication; 3)' the subject-matter;

4) -thekinformation obtained; and

5) 'whether theLinformation was relied upon or' incorporated into the Summary.

A plain reading of the Applicants' response demonstrates that Applicants' fully' answered interrogatory'S-2 and in' fact provided additional'information.not;specifically requested.

Applicants named and indicated the titles of-the.TOH persons

.who;were contacted, gave the date of'the interviews, provided the locations where the interviews took place,-

specified the topics of the discussions and identified the .

persons who conducted the interviews. In addition, Applicants stated that the information obtained was relied on in the development of the Summary,..and is contained in:

the Summary.

Contrary to TOH's motion, TOH is in no way left to guess.

as to what information was obtained. The information obtained from the persons identified is provided in.the Summary. TOH further complains that'" Applicants' statement of the ' topic' under discussion (e.g., ' Resource Survey'),.

is plainly evasive and incomplete." Yet, the matters listed.

under the headin'g " topic"'are clearly and fully-responsive-

'to'TOH's request.for a listing of subject matters.

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1 Finally, TOH argues "[i]f Applicants maintain that the Town l of Hampton identified specific persons, departments, And/or resources regarding the RERP, that information shou]d be specifically provided to the Town." The simple answer is j I

that the Summary and Applicants' answer to interrogatory S-2 provide TOH with exactly that information.

2. Interrogatory S-3 i

TOH has two quarrels with Applicants' answer to j interrogatory S-3. First, TOH is dissatisfied with Applicants' response to the inquiry "what step were taken

'to identify personnel resources available to fill the i i

emergency response positions for each municipality j identified in the procedural walk-throughs.'" TOH mischaracterizes Applicants' response, stating that Applicants "merely" quoted " vague language" from.the Summary. In fact, a review of Applicants' actual response reveals that they fully answered the question posed. 1 Applicants stated, 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.

The reference to the Summary at 2-2 provides:

The next step in this proce was to identify personnel resources available to fill the emergency response positions for each municipality identified in the procedural walk-throughs. This was done through the

analysis of available background documentation which included specific data sources including Town Plan Appendices; Town Annual Reports; New Hampshire public records, such as the New Hampshire Police Standards and Training Commission, the New Hampshire Fire Standards  ;

and Training Commission, and'the Bureau of Emergency l Medical Service, and other available sources, such as I' the New Hampshire Firemen's Association. In addition, surveys were conducted with persons' knowledgeable about the specific town to verify and adjust the numbers of i required and available personnel resources. Various I individuals such as Selectmen, Town Managers, Civil  ;

' Defense Directors, Police Chiefs, Fire Chiefs, and )

Health officials within the towns were contacted by j representatives of NHCDA. )!

TOH's second complaint regarding interrogatory S-3 is also readily answerable. TOH states that Applicants did not sufficiently identify the documentation relied on in support s

of the Summary. TOH's concern that it will not be able to adequately critique the plan because it is not informed as j i

to the Summary's documentary basis is misplaced. Not only j i

did Applicants list the documents on which they relied in i producing the Summary, Applicants also made those same documents available through discovery. The answer to interrogatory S-3 indicates that such documents were ,

1 available to the parties. l i

3. Interrogatory S-7  !

I TOH asserts that Applicants' response to interrogatories

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S-7(b), (c), and (f) are deficient. Insofar as TOH's argument reasserts the arguments it propounded regarding interrogatories S-2 and S-3, Applicants rely on their responses made to these arguments, supra.

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TOH criticizes Applicants' answer to S-7(b) wherein TOH l

inquired as to "[h]ow Mr. Callendrello computed that up to i 70 persons are required for Town of Hampton Emergency Response Organization." Applicants' answer informs TCH that daat number was arrived Lat by conducting a walk-through of each implementing procedure. Applicants' answer is fully responsive to the question TOH posed. If, as it' appears, TOH. wished.to know specifically how the walk-through-was  !

conducted (although such a procedure seems )

l self-explanatory), then it should have asked interrogatories 1 l

on that matter. In any event, a motion to compel is not the

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proper vehicle ~to seek previously unrequested information. i

. Applicants objected to interrogatory.S-7(c) which sought i

the name and employment position of the 127 persons  !

available to TOH to serve in an emergency response capacity, on the grounds that the level of detail required to respond' to the interrogatory was beyond that required by pertinent ,

regulations. Instead of demonstrating why Applicants' objection is improper, TOH-argues'in-its motion to compel that it wants the information because it suspects;that "most of the individuals relied on by Applicants will prove either untrained for their duties as assigned under.the RERP, or  ;

will represent only seasonal or part-time employees.not 1

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readily available:to respond to a radiological emergency."  !

Applicants' stand on their objection.

TOH provides no argument as to any issue with Applicants' answer to interrogatory S-7(f) thus. waiving lthis

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aspect of its motion. ]

1 TOH's motion to' compel should be dismissed. l

. By,their attorneys, l

$OTA4 -

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Thomas G. Dignan, Jr. j George H. Lewald' )

Kathryn A. Selleck Deborah S'. Steenland Ropes &' Gray. 3

-225 Franklin Street "

i Boston,.MA 02110 (617) 423-6100-

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.p UNITED STATES OF AMERICA j.g NUCLEAR REGULATORY COMMISSION w l l before the ATOMIC SAFETY AND LICENSING BOARD I

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) i In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency (Seabrogh Station, Units 1 and 2 ) Planning Issues

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CERTIFICATE OF SERVICE I, Deborah S. Steenland, attorney for the applicants herein, hereby certify that on June 22, 1987, I made service of the within document by depositing copies thereof.with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States Mail, first j class postage prepaid, addressed to): 1 i

Administrative Judge Helen Hoyt,. Robert-Carrigg, Chairman ,

Chairperson, Atomic Safety and Board of Selectmen  !

Licensing Board Panel Town. Office U.S. Nuclear Regulatory Atlantic. Avenue Commission North Hampton, NH 03862 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

l 4350 East West Highway i Bethesda, MD .20814 l

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Dr. Jerry Harbour .Stepnen 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 Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Tenth Floor 7735'Old Georgetown Road j Bethesda,'MD 20814 l

• 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 Philip Ahrens, Esquire Mr. J. P. Nadeau Selectmen's Office Assistant Attorney General j Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 2

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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,104 02108 Portsmouth, NH 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 U.S.' Senate- Chairman of the 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 Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833  ;

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H. Joseph Flynn, Esquire Brentwood Board of Selectmen l Office of General Counsel RFD Dalton Road i Federal Emergency Management Brentwood, NHL 03833 i Agency 500 C Street, S.W.

Washington, DC 20472 ,

i Gary W. Holmes, Esquire Richard A. Hampe, Esquire '

Holmes & Ells Hampe and McNicholas l 47 Winnacunnet Road 35 Pleasant Street -

Hampton, NH 03841 Concord, NH 03301 s

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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' i Post Office Square . Boston, MA 02110. l Boston, MA 02109-Charles P. Graham, Esquire McKay, Murphy and Graham -)

100 Main Street Amesbury, MA 01913

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Deborah S. Steenland .

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