ML20248J145

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Affidavit of MT Miller.* Discusses Sharing of Info Re Augmented Insp Team Observations of Natural Circulation Test & Manual Reactor Trip W/Atty General Ofc,Per State Liaison Program
ML20248J145
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 09/28/1989
From: Mark Miller
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20248J144 List:
References
OL, NUDOCS 8910130077
Download: ML20248J145 (3)


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a AFFIDAVIT OF MARIE T. MILLER 1)

My name is Marie T. Miller.

I have been the Regional State Liaison Officer for Region I of the U.S. Nuclear Regulatory Commission for over two years.

2)

The state liaison program was instituted in 1976-as a result of state suggestions to provide a means for improving NRC - State communications and to establish closer working relationships with state officials. The State Liaison Officer is appointed by the Governor to serve as a state contact when NRC wishes to provide information to or obtain information from a state about-matters of mutual interest.

Similarly each NRC regional office has an NRC Regional State Liaison.

3)

On October 5,1937, Charles Barry, Secretary of Public Safety was designated the new Massachusetts State Liaison Officer, and Peter Agnes, Jr., the former Assistant Secretary of Public Safety was named his designee.

For working level matters or in their absence, Jeffrey (Buzz) Hausner, Director, Nuclear Safety Emergency Preparedness Program, was identified as the appropriate contact to forward messages to Peter Agnes.

I have communicated with Peter Agnes and Jeffrey Hausner for two years in accordance with the state liaison program.

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4)

On July 11, 1989 Jay Gutierrez, former Regional Attorney for Region I, and I contacted Peter Agnes, Jr. to review NRC documented actions, including the NRC staff observations and chartering of an Augmented Inspection Team (AIT), with regard to the natural circulation test and manual reactor trip on June 22, 1989 at Seabrook; to inform the Commonwealth of Massachusetts that the State of New Hampshire had requested a briefing on these matters; and to offer the same opportunities available to Massachusetts in deference to Governor Dukakis. This offer was contingent upon written confirmation accepting the invitation and agreeing not to disclose this information to the public until the NRC AIT report was released. Copies of the AIT charter and an NRC memorandum documenting NRC observations regarding the Seabrook natural circulation test and manual reactor trip was facsimiled to Peter Agnes at the Civil Defense Agency at his request.

Peter Agnes expressed that he may want to take advantage of this briefing but wanted to discuss the matter with the Governor's Office.

5)

After the July 11, 1989 conversation, I did not receive any pF.one calls from Peter Agnes on this matter. Since he had expressed an interest in attending this briefing, I initiated several calls to his office without receiving a reply. Toward the end of the month I was told he was on vacation, so I placed at least three calls to Jeffrey (Buzz) Hausner or members of his staff to request a decision regarding the offer from NRC Region I.

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day before the NRC staff briefing to the New Hampshire representative I was told by Jeffrey Hausner that no one from Massachusetts would be able to attend the briefing because their staff was working on two drills.

I agreed to express mail the report when released.

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, e 6)

At no time did anyone from the Commonwealth of Massachusetts raise any question with regard to sharing the information with the Attorney General's office. Under the state liaison program, the state representative serves as the contact for the state government as a whole and can share that information with the appropriate state agencies provided they understand the information can't be disclosed to the public until it is released from the NRC.

7)

On August 2, 1989 a representative from the State of New Hampshire, Geoffrey M. Huntington, was loaned the AIT report to review in the Region I Cffice. On August 3, 1989 a briefing on the report was provided by NRC Region I staff. Although invited, no one from the Commonwealth of Massachusetts sought to review the report or attend the briefing.

kOEkM Marie T. Miller Sworn to and subscribed before me this 7t/6 day of September 1989 hY G-NOTARIAL SEAL

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MICHAEL A. PERKINS, Notary Public Upper Menon Twp., Montgomery Co.. PA Wr Commission Empires March 20,1993 l

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