ML20204B625

Response of FEMA to New England Coalition on Nuclear Pollution First Set of Interrogatories & Requests for Production of Documents to FEMA on State of Nh Radiological Emergency Response Plan (Rev 2).* Related Correspondence

ML20204B625
Person / Time
Site:	Seabrook
Issue date:	03/18/1987
From:	Eric Thomas Federal Emergency Management Agency
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION
Shared Package
ML20204B533	List: ML20204B528 ML20204B587 ML20204B625 ML20204B669
References
OL, NUDOCS 8703250114
Download: ML20204B625 (8)

Text

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.. EELATED COMNO

- 00cMETED 3/18/87 us s UNITED ST/TES OF AMERICA N NUCLEAR REGt,LATORY COMMISSION

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: w BEFORETHEATONliSAFETYLICENSINGBOARD I)0C$ET i,(('A l In the Matter of )

Public Service Co. of New Hampshire, )) Docket No. 50-443 et al. 50-444

) (Offsite)

(Seabrook Station, Units 1 & 2)

RESPONSE OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE NEW ENGLAND COALITION ON J N' CLEAR POLLUTION'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO FEMA ON THE NEW JAMPSHIRE RERP (REVISION 2)

The Federal Emergency Managenint Agency (FEMA) is not a party to the above-captioned proceeding and it is, for that resson, not obligated to respond to the interrogatories propounded by any intervenors. FEMA voluntarily provides the information supplied below, but reserves the right to object to future discovery requests.

INTERROGATORY No. 1 In accordance with 10. C.F.R, r; 2.740(c), please supplement your answers to NECNP's First Set of Interrogatories anf Request for the Production of Documents to the Federal Emergercy Management Agency, filed April 30, 1986.

Interrogatory No. 1 Served on FEMI._4/30/86 With respect to each contention are subpart thereof admitted by the Licensing Board's order of April 1,1986, please provide the following information:

a) What is FEMA's position with respect to each contention and its subparts? Describe in detail the reasons fer your position. Identify any

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-[ relevant portions of state and lccal plans t7at are under revision or which the state expects to change at any time fr the future.

b)

Identify and provide access to all documents on which you rely during this proceeding to support your posit 1'on on each of these contentions.

This includes all documents used in answer to these interrogatories, sumary disposition, testimony, and cross exaltination of witnesses during nearings, c)

Identify all persons on whose factual krowledge, opinions, or technical expertise you rely for your positions on each contention and subpart thereof.

d) Identify all persons you may call as witnesses on each of these contentions during these proceedings; describe the substance of their testimony; and identify and describe any documents and the portions thereof that they may rely on for their tistimony.

( A) Supplementary Answer to Interrogatory 1 served on_ fiMA 4/30/86 FEMA still has not developec a specific sosicion regarding the admit-ted contentions or subparts. To the extent that the issues raised therein 4

have been considered, FEMA's position may be reflected in the documents iden-ified in our Supplementary Answer to Interrogatory 2 served on FEMA 4/30/86 FEMA has no specific knowledge of the portions of the state or local plans that are under revision or which the State of New Hampshire expects to l change at any time in the future other than that provided by the status reports served on the parties by t1e Attorney General of New Hampshire.

A) See answer No. 1(A)

C) See answer No 1(A) 0)

l To date, FEMA has not identiffed tne witnesses it will or may call t

en the admitted contentions.

3 (S) Interrc33_ tory _No. 2 S e 'vid FEliA 4/38.i/8'i .

'(dt nti fy and provide acct'.:s 40 311 e.cc't..e.1ts in whid. FEt% or its co.1 tractors nas assessed tita ad2quecy of th*t steht en.' local curgwcy ple tes -

pith resptet to any of the issons edi11tsce for litigatioq by the Liceor,in.l Poard's order of April 1,1985.

Su.p, lei.tentary Answer to Interro3Ltor1 2 Larrtd on FEMA 4/30/8f As indicated in Aasuar 1(f.), FiltA h.as not developed sp2cific positions

1th respect to the ad>.1itted contention 1. Since our previous raspor,sa to this interrogatory FEMA ha*. developed and released addditional revi[w documtnts. I understand that all these revicvs h tve been sirvad on the partins. Tnese docume,its which see specifically listed below represent thr) only publicly released evaluations by FEt!A Its con

ractors, and the P,3utorral Assist.v.ca coitoltres of the tieu i:wp3 hire piens end pecpatt:.insi-for r. spondi09 to a ra 'inio1' cal r.r.cid:nt at tite 'Eabrud tioci far Pc'a.;r-Pl;nt-

1) FIin c port .;f ..l.o dtfic13nc!1 s obs n 'tsd doria.' th0 ,

123.'ua,'y 2r,1933 En cine of ima t t s'.: .uid lo::.1 plan to s

prot' cc th ; public in t:in tycar. of an accidynt at 3033rcot, tcgath 3r with c. cover 1 itter d<tto1 Api'11 4.19'3fi f.*tta I t'e'rd /.. ~lhc.acs 10 !?ichted H. Stren,3 cc:n s.1itting n<3 c;',)li.it11 a j tha r ' port .

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[* ' fli) Final Report of the exercise of the emergency plans j for Seabrook held February 26, 1986, together with a cov3r 2- letter. dated June 6.1986 from Edward A. Thomas to Richard H. Strome.-

3 iv) Final review by FEMA and Regional Assistance Committee Ji (RAC) of'the state and local plans submitted by New Hampshire

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, in December 1985, together with a cover letter dated April 30, 1986 from Edward A. Thomas to Richard H. Strome.

v) Draft FEMA and RAC Review of the state and local plans submitted by New Hampshire in February 1986, together with a cover letter dated April 30, 1986 from Edward A, Thomas to Richard H. Strome.

vi) Final FEHA/RAC Review of the state and local plans submitted by New Hampshire in February 1986 togethar with a cover letter dated April 30, 1986 from Edward A. Thenas to Richard H. Strome, vii) Draft FEMA /RAC Raviau of the flow Hampshire submission of April 16, 1985, together with a cover letter dated Jtn? 2, 1985 from Edward A. Thomas to Richard H. Strome.

v111) Final FEifA/RAC Review of the Ncw Haapshire subttis tion on April 16,193i, togather with a cover letter dat ed A91:5t 8, 1985 frcm Edward A. Thor:s s to Richard H. $5ro n' .

ix) Final FErA/RAC Review of the stLte On1 local plans submitted by Newt Hampshire Septed)cr 8,193'i topt' or vti r.h a cavar latter fecn Ed.ord A. Thoss to Riche.cd ::. Strtua i datad acco.. mar 12,1. 4 3.

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5-INTERROGATORY No._2 _

What is FEMA's position on each of the contentions that nave been admitted in this proceeding with respect to Revision 2 of the New Hampshire Radiological Enorgency Response Plan? What is the basis for your position?

Answer to Interrogatory No. 2 To date FEMA has not yet developed a position on any of the contentions which have been admitted to the proceeding with respect to Revisten 2 of the New Hampshire Radiological Response Plan. Empirically, the FEMA /RAC Review coments which are listed 'in response to Interrogatory 1 supra u may address e

many of the issues raised by the admitted contentions. Since we have not developed a' position on the contentions, we cannot articulate a basis for y our position. '

INTERROGATORY-No. 3 r

f /J Ploase identify and produce at the offices of Harmon & heiss, on or before March 19, 1987, all documents on which you rely or intend to rely s

during this proceeding to support your position on each of the contentions

that have been admitted in this proceeding with respect to Revision 2_of the New Hampshire Radiological Emergency Response Plan. This includes but

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L is not limited to all documents used in answers to these interrogatories, j sunnary disposition notions, testimony, and cross-examination of witnesses L

during licarings.

- Answer to Interroustory rio. 3 l Since FEMA has not yet developed a position on the contentions, we l

cannct proriace docur. ants in support of a position. We note, h3 wever. that l

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the FEMA /RAC Review comments and documents referenced in these reviews may be pertinent to this line of inquiry. .

INTERROGATORY No. 4 Please identify and produce at the office of Harmon & Weiss on or before itarch 19, 1987, copies of all documents in which FEMA or its con-tractors has assessed the adequacy of the New Hampshire RERP with respect to any of the issues admitted for litigation by the Licensing Board's order of February 18, 1987.

Answer to Interrogatory __No. 4 Our Supplementary Answer to NECNP Interrogatory 2 served on FEMA

-April 30, 1986 lists all publicly released documents'in which FEMA or its contractors has assessed the adequacy of the New Hampshire plans. As '

indicated previously, in our Supplementary Answer to NECNP Interrogatory 1 of 4/30/86, ang in our answer to Interrogatory 2 FEMA has not yet developed a specific position with respect to any of the contentions admitted in this p roceedi ng. Empirically FEMA /RAC reviews may assess the adeq'ncy of the New Hampshire RERP with respect to many of the issues admitted for litigation by the Licensing Board's order of February 18, 1987.

INTERROGATORY No.__5 Please identify all persons on whose factual knowledge, opintons, or technical expertiso you rely or intend to rely for your position on each of of the contentions that have been admitted in this proceeding with respect to Revision 2 of the New Hampshire Radiological Emergency Response Plan.

Ant.ar to Interro_qatory rio._ 5 Since FEMA has not yet developed a  ::!:1en on tne conteations admitted to this procGeding, it is not able to ide.,ti'y persons whose f actual kn0Wiedge, opinions, or technic 0 e.tportise we rely or or intend to rely f or our posit 191

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on the contentions that have been admitted to this proceeding with respect to Revision 2 of the New Hampshire RERP. ,

, INTERROGATORY No. 6 Please identify all FEMA personnel or contractors who may testf ry

-l as witnesses on each of the contentions that have been admitted in this proceeding with respect to Revision 2 of the New Hampshire Radiological Emergency Response Plan. Please describe the substance of their testimony; and identify and describe any documents and the portions thereof that'they may rely on for their testimony.

Answer to_ Interrogatory No. 6 Since FEMA has not yet developed a position on the contentions admf tted to this proceeding, it is not able to identify persons who may be called upon as witnesses in this proceeding. Similarly, we are unable to describa their testimony or identify documents which may be used in this testimeny.

DECLARATION I declare, under penalty or perjury, that the foregoing responses to the New England Coalition on Nuclear Pollution's Second Set of Interrogateries and Request for Production of documents are true.

. ,1(P Edward A. Incmas, Division Chief Natural & Technological Hazards Federal Emergency Management Agency R;jion I Dated March 18, 1937 at Boston, Massachusetts

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', OBJECTION

' The Federal Emergency Management. Agency.(FEMA) objects generally _to_ the.

foregoing. interrogatories to the extent that~they call for the production or disclosure' of the contents- of draf t or privileged documents, except .to the .

'. Textent that.such documents have already-been identified or disclosed'in the foregoing answers. 'See 10 C.F.R. $ 2.740(b)(1); cf. 10 C.F.R. 5 2.790(a).

Respectfully submitted,

^ WI C:- d W -

HG-3osep Flyn,7 Assistant Genfral Counsel Federal-Emergency Management Agency 500 C Street S.W.

Washington, D.C. 204721-s.

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OBJECTION

'The Federal Emergency Management Agency (FEMA) objects' generally to the foregoing.laterrogatories to the extent that ttiey call for the production or

-disclosure of the contents of draft or privileged documents,-except to the

~ extent that such_ documents have already been identified or disclosed in the foregoing answers. See 10 C.F.R. 2.740(b)(1); cf.' 10 C.F.R.. 2.790(a).

Respectfully submitted,-

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W$= d'91-H M ose h Flyn,37 Assista)nt GenFral Counsel l Federal Emergency Management Agency 500 C Street S.W.

-Hashington, D.C. 20472 s'

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