ML20245E729
| ML20245E729 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/20/1989 |
| From: | Donovan R Federal Emergency Management Agency |
| To: | |
| Shared Package | |
| ML20245E725 | List: |
| References | |
| OL, NUDOCS 8905020117 | |
| Download: ML20245E729 (9) | |
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AFFIDAVIT OF RICHARD W. DONOVAN Richard W. Donovan, being first duly sworn, deposes and says:
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I am an employee of the Federal Emergency Management Agency and, as one of my official responsibilities, serve as RAC Chairman for the Seabrook Site.
I make this affidavit in connection with FEMA's response to the
' Massachusetts's Attorney General's Motion to Compel Production of Documents from FEMA, dated April 5, 1989.
2.
On December 16, 1988, I'sent to'H. Joseph Flynn, Esq., the attorney in FEMA's Office of General Counsel assigned to Seabrook matters, a memorandum entitled "MA AG Motion regarding the FEMA Post-Exercise Evaluation and Assessment Report dated December 13, 1988."
The purpose of the memorandum was to provide information to Mr. Flynn, at his request for use'in representation of FEMA in the Seabrook litigation, regarding my customary practices in regard to retention of exercise evaluation materials and superseded drafts after I have completed a final exercise report.
Although preparation of the i
memorandum was prompted by the Massachusetts Attorney General's motion.in the
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Seabrook litigation, the subject matter of the memorandum was my general
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practices not confined to the Seabrook litigation.
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3.
I disclosed this information to Mr. Flynn with the expectation that it was protected as an attorney / client communication from disclosure to anyone
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I outside FEMA's Office of General Counsel, and recited this expectation in the memorandum.
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Affidavit of Richard W. Donovan, p. 1.
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4.
At my deposition by the Massachusetts Attorney General on January 10, j
1988, I responded to questions regarding my communications with counsel prior to discarding superseded drafts and underlying evaluator materials pertaining to FEMA's final exercise report.
In my deposition, I did not discuss any communications I made to counsel regarding these materials subsequent to approximately September 7, 1988, the date on which I discarded these i
materials.
I did not discuss the contents of or disclose the existence of my
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December 16, 1988 memorandum to Mr. Flynn.
5.
At my depos tion, I did not intend to waive nor do I believe that I inadvertently waived my attorney / client privilege against disclosure of my confidential communication to Mr. Flynn in the memorandum of December 16, 1988.
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RICHARD W.
DONOVAN Subscribed and sworn to before me this fd day of
_ 1989.
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l Affidavit of Richard W.
Donovan, p. 2 i
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CERTIFICATE OF.H. JOSEPH FLYNN 1
H. JOSEPH FLYNN certifies to the Board as follows:
I am an attorney employed in the Office of the General Counsel of the 1.
l Federal Emergency Management Agency (FEMA).
I am the. principal attorney assigned by FEMA to matters relating to the Radiological Emergency Preparedness Program and for the Nuclear Regulatory Commission licensing hearing for.the Seabrook Nuclear Power Station.
2.
On December 29, 1988, I prepared and sent a memorandum to Grant C.
Peterson, FEMA Associate Director for State and Local Programs and Support',
i Mr.
. entitled " Preservation of Records Pertaining to Seabrook Stat on.
Peterson is a presidential appointee and is the FEMA official with overall responsibility for radiological emergency preparedness at commercial nuclear The memorandum was copied to Richard W. Krimm, Henry Vickers, power plants.
Richard W. Donovan, Craig Wingo, Margaret Lawless, Marshall Sanders, William Each of these individuals Cumming, Edward A. Tanzman, and Joseph H. Keller.
is a FEMA official, program officer, attorney, or contractor with responsibilities involving Seabrook Station and radiological emergency preparedness in general.
I intended the memorandum to be a confidential attorney / client 3.
communication to Mr. Peterson and the other FEMA employees and contractors So far as I am aware, the memorandum has been handled within i
indicated above.
as a confidential attorney / client the agency (including its contractors) l communication and has not been disclosed to any person outside the agency or i
b its contractors, t
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4.
Contrary to the assertion in the motion of the Massachusetts Attorney General, the subject matter of the memorandum is not " opinion or advice regarding the interpretation of FEMN s own regulations as to document retention." In the memorandum, I disclosed to Mr. Peterson confidential information I learned in the course of my representation of FEMA in Seabrook-related matters and provided legal advice to be used in the formation of agency policy. As such, I believe that the memorandum is protected from disclosure to outside parties by the deliberative process privilege as well as the attorney / client privilege.
H.JOSEyFLYNN u
r, l %I,199f Date:
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April 21, 1989
'89 APR 25 PS :55 0F; UNITED STATES OF AMERICA OUCr.
a NUCLEAR REGULATOW COMMISSION W
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD JUDGE IVAN W. SMITH, CHAIRMAN JUDGE RICHARD F. COLE JUDGE KENNETH A. McCOLLOM l
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In the Matter of
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Public Service Co. of New Hampshire,
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Docket No. 50-443-OL et al.
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50-444-OL
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Offsite Emergency (Seabrook Station, Units 1 & 2)
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Planning Issues
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CERTIFICATE OF SERVICE I hr.reby certify that I served by first-class mail copies of the enclosed Federal Emergency Management Agency's Reply to Massachusetts Attorney General's Motion to Compel Production of Documents From FEMA to the persons indicated on the attached service list on April 21, 1989.
Ivan W. Smith, Esq., Chairman Atomic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 Dr. Richard F. Cole Administrative Judge i
Atomic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 1
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Dr. Kenneth A. McCollom Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 Robert R. Pierce, Esq.
l Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary Nuclear Regulatory Commission Bethesda, Maryland 20555 Atomic Safety and Licensing Appeal Panel l
U.S. Nuclear Regulatory Commission' j
I Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i
Thomas G. Dignan, Jr., Esq.*
Ropes & Gray One International Place.
Boston, MA 02110 John Traficonte, Esq.*
Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Dianne Curran, Esq.*
'tlarmon, Curran & Tousley 2001 S Street, N.W.
Suite 430 Washington, D.C. 20009 Robert A. Backus, Esq.*
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 Paul McEachern, Esq.*
Shaines & McEachern Post Office Box 360 Portsmouth, NH 03801 l
Certificate of Service of FEMA's Pretrial Reply to Massachusetts Attorney General's Motion to Compel Production of Documents from FEMA, page 5.
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Barbara St. Andre', Esq.*'
Kopelman & Paige o
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' Boston, MA'02110 R. Scott Hill-Whilton, Esq.*
Lagoulis, Hill-Whilton & Rotondi 79 State Street Newburyport, MA 01950
'Ashod N. Amirian, Esq.*
Town Counsel for Merrimac 376 Main Street Haverhill, MA 08130 Judith H.'Mizner, Esq.*
.79 State Street Newburyport,'MA 01950 Gary W. Holmes, Esq.
Holmes'& Ellis 47 Winnacunnet Road
.Hampton, NH 03842 J.P. Nadeau, Esq..
' Selectmen's Representative Board of Selectmen 10 Central Road' Rye, NH03870 Charles P. Graham, Esq.
Murphy and Graham 33 Low Street Newburyport, MA 01950 Richard A. Hampe, Esq.
.Hampe and McNichols 35 Pleasant Street Concord, NH 03301 Philip Ahrens
. Assistant' Attorney General Office of the Attorney General State House. Station, #6 Augusta, ME 04333
'Geoffrey Huntington*
Assistant Attorney General 25 Capitol Street Concord NH 03301-6397 Certificate of Service of FEMA's Pretrial Reply to Massachusetts Attorney General's Motion to Compel Production of Documents from FEMA, page 6.
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a Sherwin E. Turk, Esq.
- Office of General Counsel U.S. Nuclear Regulatory Commission i
Washington, D.C. 20555 l
l Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 William S. Lord Board of Selectmen i
Town Hall - Friend Street Amesbury, MA 01913 j
Sandra Gavutis, Chairman Board of Selectmen RFD 1, Box 1154 Route 107 Kensington, NH 03827 i
Allen Lampert Civil Defense Director Town of Brentwood 20 Franklin Street Exeter, NH 03833 Angie Machiros, Chairman Board of Selectmen 25 High Road Newbury, MA 01950 Jerard A. Croteau, Constable 82 Beach Road P.O. Box 5501 Salisbury, MA 01950 Michael Santosuosso, Chaire.an Board of Selectmen South Hampton, NH 01913 Calvin A. Canney, City Manager City Hall 126 Daniel Street Portsmouth, NH 03801 Mr. Robert Carrigg, Chai rman Board of Selectmen Town Office Atlantic Avenue North Hampton, tal 03862 l
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Certificate of Service of FEMA's Pretrial Reply to Massachusetts Attorney General's Motion to Compel Production of Documents from FEMA, page 7.
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William ~Armstrong l
Civil Defense Director Town of Exeter 10 Front Street Exeter, NH 03833 Mrs. Anne E. Gor >dman, Chairman Board of Selectmen 13-15 Newmarket Road Durham, NH 03824 Brentwood Board of Selectmen
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RFD Dalton Road Brentwood, NH 03833 Richard R. Donovan Federal Emergency Management Agency Federal Regional Center 130 228th Street, S.W.
l Bothell, Washington 98021-9796 we Senator Gordon J. Humphrey U.S. Senate 531 Hart Senate Office Building Washington, D.C. 20510 Dated: April 21, 1989 LINDA IRIBER MCPHETERS General Attorney Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C. 20472 (202) 646-4105 l
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I Certificate of Service of FEMA's Pretrial Reply to Massachusetts Attorney General's Motion to Compel Production of Document', from FEMA, page 8.
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