ML20248J016

Expresses Displeasure W/Actions Taken by Recipient Clients at Newington Town Hall on 890927.Restricting Access to Public Facility Deemed Inappropriate & Discriminatory. Related Correspondence

ML20248J016
Person / Time
Site:	Seabrook
Issue date:	09/27/1989
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF
To:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
References
CON-#489-9245 OL, NUDOCS 8910130002
Download: ML20248J016 (2)

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@M~ED CORRESP_ONot3y W0O y 1, 2A THE COMMONWEALTH OF MASSACHUSETTS g 433 1: rn-S Xf3? DEPARTMENT OF THE ATTORNEY GENERAL Ol-

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JAMES M SHANNON w omay oww September 27,h_8.91.',. .'.'m, -of E P. A N :-

BY FAX Thomas G. Dignan, Jr., Esq.

Ropes & Gray One International Place Boston, MA 02110

Dear Mr. Dignan:

I must express my extreme displeasure with actions taken by your clients at the Newington Town Hall on the norning of September 27, 1989. The facts are these:

1. As you are aware, on September 18, 1989 on behalf of the Massachusetts Attorney General and other interveners,

.I requested access to various locations for purposes of observing the on-site emergency plan exercise held on September 27, 1989. On September 20, you responded stating that your clients would not cooperate with intervenor efforts to observe the exercise.

2. Upon receipt of your let.ter, an attorney in this office contacted the Newington Town Hall to inquire whether the Town Hall remained open to the public during its use as a " Media Center" for emergency plan exercises. We stated that we wanted to observe exercise activities on September 27, 1989. We were told by the Town Secretary that the Town Hall does indeed remain open to the public and that there was no reason we could not observe the activities.

3. On the morning of September 27, I arrived at the Town Hall with an associate who was prepared to videotape appropriate portions of the exercise events. I was told initially by consultants to New Hampshire Yankee and then by the Emergency News Director (after he arrived) that I would not be permitted anywhere in the building. A police officer from the Newington Police Department escorted me to the exit. In my efforts to assert my right to enter i the Town Hall and remain there, I contacted by phone the i Town Counsel for Newington, Attorney Peter Loughlin. During l l

discussions between myself, the police officer, the Yankee l consultant and a Yankee spokesperson (Rob Williams), your l clients asserted that they had a written agreement with 8910130002 890927 PDR G

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Thomas G; Dignan, Jr., Esq.

-Page Two September 27, 1989 the' Town of NewingtonLthat permitted them to bar me from the premises doring the exercise. (Town Counsel was not aware of'such an agreement.) Indeed, at one' point a Yankee-

security' guard communicated to the police officer that Lyou-had been contacted and that "Mr. Dignan said keep the Massachusetts 1 Attorney General out."

4. During this entire period - from approximately 9:15 until 9:50 a.m. (and for the entire' day) - the Town Hall remain 2d open tof the public, and no effort was made to prevent other members of the public from entering the building.. Obviously, if the Town Hall remained open to the public, the public had a right to enter'and (if so inclined)1 observe the exercise, as long as such observational activities did not interfere with the conduct of the exercise.

Restricting my access to this public facility was inappropriate and discriminatory and I object to these actions in the strongest terms.

Y rs,

(& J ohn Traficonte

'hief, Nuclear Safety Unit (617) 727-2200 JT/jc cc; Newington Town Counsel Newington Board of Selectmen Newington Chief of Police Seabrook Service List I

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