ML20236C430
| ML20236C430 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/08/1989 |
| From: | Traficonte J MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#189-8266 OL, NUDOCS 8903220146 | |
| Download: ML20236C430 (13) | |
Text
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- 4 ft UNITED STATES OF' AMERICA.
g NUCLEAR REGULATORY COMMISSION
. ATOMIC SAFETY AND LICENSING BOARD *89 f,$ 13 N0:29 Before the Administrative Judges:F R ci..
..,an'
.m Ivan W.
Smith, Chairman
[$Q Dr. Richard F. Cole KennethLA. McCollom L
In the Matter of
)
Docket Nos. 50-443-OL
)
50-444-OL PUBLIC SERVICE COMPANY
)
(Off-Site EP)
OF NEW HAMPSHIRE,.ET AL.
)
)
(Seabrook Station, Units 1 and 2)
)
March 8',
1989
)
MOTION OF THE' MASSACHUSETTS ATTORNEY GENERAL TO EXTEND THE DUE DATE FOR FILING TESTIMONY ON MAG EX-19 DUE TO NRC STAFF'S FAILURE TO RESPOND PROMPTLY TO INFORMAL DISCOVERY REQUESTS The Massachusetts Attorney General (" Mass AG") hereby moves that the Board extend the time for the Mass AG to file testimony on one of its Exercise contentions, MAG EX-19, because the NRC Staff 'has failed to respond promptly, or at all, to the Mass AG's informal discovery request on this contention.
The Mass AG specifically asks that the due date i
for this testimony be extended two weeks, to April 17, 1989, or t.
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8903220146 890308 PDR ADOCK 05000443 G
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o five weeks from the date when the NRC Staff. finally serves the
.I Mass AG with this information, whichever is later.
1 MAG EX-19 is a contention'which challenges the ability of R
the Seabrook Station' Emergency Response Organization-("SS-ERO")
to issue appropriate PARS to offsite officials.
This organization's performance during the Exercise was reviewed by the NRC~ Staff, not FEMA, and FEMA's Exercise Report provides us-with no information whatsoever concerning the SS-ERO.
On January 24, 19.89, the Mass AG telefaxed an informal discovery request to counsel for the NRC Staff.
A copy of this request is attached to this motion.
In the six weeks that have expired since then, Mass AG attorney Allan Fierce has spoken to the NRC Staff counsel, Sherwin Turk, on repeated occasions to remind NRC Staff of our interest in getting this information promptly.
To date, not one shred of information has been received, not even the names requested in the second to last-paragraph of the request.
These names were sought on an expedited basis in order to schedule depositions that must be taken to adequately prepare this testimony.
Now, it is simply too late to schedule these depositions and still have time for experts to review these depositions and all documents produced (if any) and prepare testimony prior to April 3.
At this point in time, at least two extra weeks are necessitated by this gross and inexcusable delay by the NRC Staff, which has I
severely prejudiced our ability to prepare testimony on this 1
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1 contention.
Further delay should be discouraged by-permitting-the Mass AG to file this testimony five weeks after we receive t
the full set of NRC Staff. responses.
We ask that this motion be. heard on'an expedited basis with all appositions to be filed'within two days.
Respectfully submitted, j
COMMONWEALTH OF MASSACHUSETTS JAMES M. SHANNON ATTORNEY GENERAL l
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n Traficonte lan Fierce amela Talbot Matthew Brock Leslie Greer Assistant Attorneys General Nuclear Safety Unit One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated:
March 8, 1989 l
k3 UNITED STATES OF. AMERICA-00LKE til L
. NUCLEAR REGULATORY COMMISSION U9EP AIOMIC SAFETY AND LICENSING BOARD,
,9 13 N029 Before the Administrative Judges:
gnct c
,.. +.
Ivan W.
Smith, Chairman DOCKEl ^ ^ a i V R f.
Dr. Richard F. Cole M A K" '
Kenneth A. McCollom.
)
In the Matter of
)
Docket Nos. 50-443-OL
)
50-444-OL PUBLIC SERVICE. COMPANY
)
(Off-Site EP)
Or NEW HAMPSHIRE, ET AL.
)
)
(Seabrook Station, Units 1 and 2)
)
March 8, 1989
)
CERTIFICATE OF SERVICE I,
Allan R. Pierce, hereby certify that on March 8,-1989, I made service of.the= MOTION OF THE MASSACHUSETTS ATTORNEY GENERAL
'TO' EXTEND THE DUE DATE FOR FILING TESTIMONY ON MAG EX-19 DUE TO NRC STAFF'S FAILURE TO RESPOND PROMPTLY TO INFORMAL DISCOVERY REQUESTS by first class mail or by telefax as indicated by (*],
to:
- Ivan W.
Smith, Chairman
- Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W.
Knapp St.
U.S.
Nuclear Regulatory Stillwater, OK 74075 Commission East West Towers Building 4350 East West Highway q
Bethesda, MD 20814
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- Dr.: Richard F. Cole Docketing and Service Atomic Safety & Licensiny Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission East West Towers Building Washington, DC 20555 1
4350 East West Highway I
.bethesda, MD 20814 I
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- Robert R.
Pierce, Esq.
- Thomas G.
Dignan, Jr.,
Esq.
Atomic Safety & Licensing Board Katherine Selleck, Esq.
U.S. Nuclear Regulatory Commission Ropes & Gray East West Towers Building One International Place 4350 East West Highway Boston, MA 02110 Bethesda, MD 20814 H. Joseph Flynn, Esq.
- Sherwin E.
Turk, Esq.
Assistant General Counsel U.S.
Nuclear Regulatory Office of General Counsel Commission Federal Emergency Management Office of the General Counsel Agency 15th Floor 500 C Street, S.W.
11555 Rockville Pike Washington, DC 20472 Rockville, MD 20852 l
Atomic Safety & Licensing Robert A.
Backus, Esq.
l Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Board Jane Doughty U.S.
Nuclear Regulatory Commission Seacoast Anti-Pollution League Washington, DC 20555 5 Market Street Portsmouth, NH 03801 Charles P.
Graham, Esq.
Barbara St. Andre, Esq.
Murphy & Graham Kopelman & Paige, P.C.
33 Low Street 77 Franklin Street Newburyport, MA 01950 Boston, MA 02110 Judith H.
Mizner, Esq.
R.
Scott Hill-Whilton, Esq.
79 State Street Lagoulis. Hill-Whilton 2nd Floor
& Rotondi Newburyport, MA 01950 79 State Street Newburyport, MA 01950 Dianne Curran, Esq.
Ashod N.
Amirian, Esq.
Harmon, Curran, & Towsley 145 South Main Street Suite 430 P.O.
Box 38 2001 S Street, N.W.
Bradford, MA 01835 Washington, DC 20008 Senator Gordon J.
Humphrey Senator Gordon J.
Humphrey U.S.
Senate One Eagle Squtre, Suite 507 Washington, DC 20510 Concord, NH 03J01 (Attn: Tom Burack)
(Attn: Herb Boynton)
George Dana Bisbee, Esq.
Phillip Ahrens, Esq.
Assistant Attorney General Assistant Attorney General OfficeLof the Attorney General.
. Department of the Attorney 25 Capitol Street General Concord, tlH ^ 03301 Augusta, ME 04333 Sandra Gavutis, Chairperson CalvinLA. Canney Board 1of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 4
Gary W. Holmes, Esq.
Richard A.
Hampe, Esq.
Holmes.& Ellis Hampe & McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03842 Concord, NH 03301 Robert Carrigg,' Chairman J.P.
Nadeau Board of' Selectmen Selectmen's Office Town Office 10 Central Road Atlantic Avenue Rye, NH 03870 North Hampton, NH 03862 William S.. Lord James H. Carpenter, Alternate Board of Selectmen Technical Member Town Hall - Friend Street-Atomic Safety.& Licensing Amesbury, MA 01913 Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 JAMES M.
SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS AU
// ATYn R.
Fierch Q" '
Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 i
L DATED:
March 8, 1989 l
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y, January 24, 1989 BY TELEFAX
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,Sherwin Turk, Esq.
U.S.. Nuclear' Regulatory Commission office of the General Counsel 15tn Floor 11555 Rockville Pike Rockville, MD 20852 Re:
Informal discovery on MAG Ex-19
Dear Sherwin:
As you know, MAG Ex-19 (except as to Basis C and other references to the State of Maine) has.been admitted as an exercise contention.
A copy is attached hereto for your convenience ~.- This contention concerns the plans and performance, not of offsite response organizations, but of the Seabrook Station Emergency' Response Organization (SS-ERO) during the June 1988 Graded Exercise ("the Exercise").
This organization's performance during the Exercise was reviewed by the NRC staff, and FEMA's exercise report provides'us with no information whatsoever concerning the SS-ERO.
MAG Ex-19 has as its focus the inabil'ity of the SS-ERO to issue appropriate PARS to offsite officials.
We understand that the NRC was evaluating the SS-ERO with respect to a numoer of " objectives" and that some of these objectives pertain.to PAR decision-making.
See 1988 FEMA /NRC Graded' Exercise, 52.2, objectives 10 and 11.
At this time.we are requesting that the NRC staff informally provide us with the following information:
1.
Did the NRC conduct an assessment of the SS-ERO's performance Juring the Exercise?
If so, how was that assessment conducted and who conducted it?
P? ease identify and' produce all documents generated before, duda.ng and after the exercise that are connected to'this assessment.
2.
Did the NRC prepare a written assessment or report on the performance of the SS-ERO during the Sxercise?
If so, please produce the final document and all drafts.
Page Two
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3.
Did the Applicants prepare and forward to the NRC any written materials before or after the exercise concerning the performance of SS-ERO during the Exercise and the NRC's review of that performance?
If so, identify and produce each one.
4.
- dentify and produce any and all evaluation plans or methodologies the NRC followed in evaluating the SS-ERO's performance during the Exercise.
5.
Produce a complete set of Exercise objectives for the SS-ERO.
6.
Identify (by name, employing organization, and normal work location) each of the observers, evaluators, and controllers in each of the following during the Exercise:
a) the Control Room; b) the TSC; c) the EOF; and d) any other location where SS-ERO members were engaged in either (i) assessment of conditions to support the formulation of offsite PARS or (ii) the formulation of offsite PARS.
7.
For each of the evaluators identified in response to #6 above, indicate which of the Exercise objective (s) i they were assigned to evaluate.
8.
For each of the locations described in #6, identify (by name and SS-ERO title) each of the Exercise players who played any role connected to:
a) assessment of conditions to support the formulation of offsite PARS; and/or b) the formulation of offsite PARS.
9.
Produce all documents which set forth or describe the extent of play and/or the scope of the Exercise for the SS-ERO.
13.
Produce all drafts and the final version of all Control Cell Plan (s) used for the SS-ERO portion of the Exercise, 11.
Produce all correspondence, memoranda, and other records of communications regarding the preparation and/or content of the Control Cell Plan (s) for the SS-ERO portion of the Exercise.
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Page Three 12.
Produce all instructions, documents, evaluation
. criteria, and information concerning the Exercise given to federal evaluators, controllers, and observers of the SS-ERO portion of the Exercise prior to and/or during the Exercise.
This, includes instructions, documents,.
and information provided at training sessions'and/or meetings.-
13.
Produce all communications or other documents concerning the hypothetical accident scenario to'be'used, the scope of the Exercise for the SS-ERO, and the extent of play for the SS-ERO (apart from the seven-volume " scenario").
14.
Produce all correspondence and documents concerning the scope, methodology, and implementation of the NRC's evaluation.of the SS-ERO's performance during.the Exercise in (a) assessing conditions to support the formulation of offsite PARS and/or (b) the formulation of offsite PARS.
15.
Produce'all documents and information concerning the SS-ERO's portion of the Exercise or concerning the roles, functions, duties, or events expected to occur during that portion of.the. Exercise that were'provided-by the NRC or NHY to federal evaluators, controllers, simulators, observers, or NRC personnel, or any other persons at any time prior to the exercise.
16.
Produce all documents and information concerning what SS-ERO evaluators and observers should, could, or might do with (1) the original exercise evaluation. forms, (2) copies of these forms, and (3) any personal written, notes of the Exercise.
17.
Produce any and all Exercise evaluation forms in the possession of the NRC, including those which have been retained by any of the observers or evaluators, and which pertain to the SS-ERO's performance in (a) assessing conditions to support the formulation of offsite PARS 1
and/or (b) the formulation of offsite PAR 3.
18.
Produce.any Exercise notes recorded by the NRC's evaluators and observers who evaluated and/or observed the SS-ERO's performance in (a) assessing conditions to support the formulation of offsite PARS and/or (b) the formulation of PARS.
19.
Produce all Objective data forms or other forms generated during or after the Exercise wnich were designed
'j to be urad, or were used, in evaluating the SS-ERO's performance in (a) assessing conditions to support the formulation of offsite PARS and/or (b) the formulation of offsite PARS.
o Page Four 8
20.
Produce all logs generated or maintained by each and every evaluator, controller, observer, or other l
NRC personnel, during or subsequent to the Exercise, including all appendices, comments, and summaries which are a part thereof, and which pertain to the SS-ERO's performance i
in (a) assessing conditions to support the formulation of offsite PARS and/or (b) the formulation of offsite PARS.
21.
Produce all documents telefaxed or otherwise delivered during the Exercise from SS-ERO players to New l
Hampshire state or local government officials, NHY-ORO, or other organizations at the Control Cell (s), and all i
documents telefaxed or otherwise delivered from New Hampshire officials, the NHY-ORO and those in the Control Cell (s) to SS-ERO players.
22.
Produce all audio and/or video recordings, or transcripts of recordings, of conversations SS-ERO players had with those in Control Cell (s) during the Exercise.
23.
Produce all documents, including notes and logs, describing or pertaining to discussions before, during, and after the Exercise between NRC evaluators, controllers, 1
and observers and:
a)
SS-ERO players; and
)
b)
NHY controllers and evaluators, or other NHY personnel or contractors.
24.
Produce all photographs of events occurring during the exercise.
25.
Produce all reproductions of SS-ERO " status boards" as they existed throughout the Exercise.
26.
Produce all time lines prepared by SS-ERO players, evaluators, controllers, or observers of any events occurring during the Exercise.
27.
Produce all charts, graphs, maps, diagrams, drawings, or physical evidence pertaining to events which occurred during the SS-ERO portion of the Exercase.
2d.
Prcduce all information ar.d documents describing or concerning any communications during the Exercise, apart from formal controller messages contained in the seven-volume scenario, between (a) NHY controllers, evaluators, observers, or other NHY personnel or contractors, and (b) SS-ERO Exercise players.
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Page Five
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- 29. ' Produce any and all documents which describe the purpose of the NRC's exercise evaluation processfor l
licensee emergency response organizations.
i 30.
Produce all summaries, notes, or other documents which reflect the consolidation of Exercise observations and other hatters that took place at meeting (s) the NRC evaluators,. controllers, and observers held during the evenings of Day 1 and Day 2 of the Exercise and after the Exercise concluded, and which pertain to the SS-ERO's
. assessment of conditions to support the fomulation of offsite PARS and/or the formulation of offsite PARS.
31.
Produce all draft Narrative Summaries developed by evaluation Team Members for each assigned objective, including but not limited to objectives 10 and 11, which pertain to the SS-ERO's assessment of conditions to support the formulation'of offsite PARS and/or the formulation of offsite PARS.
32.
Produce all Group Leaders' summaries of field interviews that pertain to SS-ERO's assessment of conditions to support the formulation of offsite PARS.
33.
Produce all consolidated Narrative Summaries, if any, developed by evaluation Group Leaders after meeting the Team Members and which refer to the SS-ERO's assessment of conditions to support the formulation of offsite PARS and/or the formulation of offsite PARS.
34.
Produce any and all information, material, computer runs, and documents provided to or generated by the NRC's evaluators during or after the Exercise upon which the NRC based its judgment (s), if any, that the PARS the SS-ERO issued to offsite authorities during the Exercise were appropriate or not appropriate?
35.
Does the NRC contend that the PARS the SS-ERO issued to offsite authorities during the Exercise were appropriate for the times they were issued?
Please state all facts, observations, and expert judgments underlying your position.
36.
Please produce all analyses, studies, and reports
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bearing on the issues raised in MAG Ex-19.
27.
Please identify each person expecten to be called as an expert witness at the hearing on MAG Ex-19, the subject matter on which he is expected to testify, and the substance of his testimony.
'd Page Six 38.
What efforts, if any, were taken by NRC evaluators to assess whether the SS-ERO was adequately considering a) weather conditions and b) weather forecasts in formulating l
offsite PARS?
39.
What efforts, if any, were taken by the NRC's evaluators to assess whether the SS-ERO was entering up-to-date, and sufficient
- accurate, data into the METPAC computer in order to permit the computer to generate appropriate i
offsite PARS for the conditions at hand throughout 1
the Exercise?
j 40.
What efforts, if any, were taken by the NRC's evaluators to assess whether the SS-ERO's METPAC computer was generating appropriate offsite PARS for the conditions
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at hand throughout the Exercise?
41.
What efforts, if any, were taken by the NRC evaluators to assess whether the SS-ERO was adequately communicating to the offsite authorities its offsite PARS and the degree of confidence to be placed in them.
42.
Please produce all documents, including minutes, transcripts, summaries, or notes, concerning any meetings at which evaluations, critiques, or comments on the SS-ERO's performance regarding offsite PAR decisionmaking were discussed.
1 43.
Please produce all correspondence, memoranda, or other records of communications about the SS-ERO's ability during the Exercise to (a) assess conditions to l
support the formulation of offsite PARS and/or (b) the formulation of PARS and which communications run between the NRC staff and 1.
New Hampshire Yankee 2.
the State of New Hampshire 3.
FEMA; or 4.
evaluators or observers from other agencies.
I am sure that you understand our need to receive this information as soon as possible, and I trust that j
you will do what you can to assist the NRC staff in responding promptly to these requests.
We appreciate your assistance l
t in this regard.
In addition, as I have mentioned to both you and i
to Elaine, we are interested in conducting depositions in the near future of the key NRC evaluators who were responsible for evaluating the SS-ERO's Exercise performance with respect to (a) assessing conditions to support the l
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s Page Seven I
d formulation of offsite PARS and (b) formulating offsite PARS.
Until we receive your answers to requests #6 and
$7 above, we cannot identify these individuals by name.
i Would you kindly call me at the earliest opportunity with i
the answers to these requests so that we can select the l
proper persons to depose without further delay and then try to identify some mutually agreeable dates.
Please call me right away if you have any questions, concerns, or objections so that we may discuss them informally in the first instance.
1 Sincerely, e
L w
Allan R.
Fierce Assistant Attorney General Nuclear Safety Unit (617) 727-2200 ARF /]mc Enclosure cc:
Service List 1
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