ML19354D534

Requests Determination of Commissioner Roberts Intentions,If Any,To Abstain from Voting on Matters Pending Before Commission Re Adquacy of Emergency Planning at Plant Due to Conflict of Interest.Related Info & Svc List Encl

ML19354D534
Person / Time
Site:	Seabrook
Issue date:	11/08/1989
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#489-9432 ALAB-922, OL, NUDOCS 8911160100
Download: ML19354D534 (10)

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November 8, 1909 Mr. William Earler General Counsel Nuclear Regulatory Commission Washington, DC 20555 , Re: In the Matter of Public Service Company of New Hampshire, et al. (Seabrook Station, Unit 1) Docket No. 50-443-OL 4 (Offsite Emergency Planning and Safety Issues)

Dear Mr. Parler:

As you may know, I represent the Seacoast Anti-Pollution League, one of a number of intervenors who are participating in issues  ; concerning emergency planning for the Seabrook nuclear plant, including an issue now pending before the Commission as a result of an Appeal Board's certification. (ALAB-922, October 11, 1989) It has recently come to my attention that one of the commissioners, Commissioner James R. Curtiss, made a commitment to the Senate at the time of his confirmation that he would " abstain from participating in Commission decisions on contested issues that have arisen or might arise in this proceeding involving . adequacy of the Emergency Preparedness Plan for the Seabrook facility." (See encerpt from the Congressional Record, for ' October 14, 1988, S 16264). I note Mr. Curtiss made this commitment because "as an attorney and former Senate employee, I am extremely sensitive to the importance of avoiding the appearance of conflict of interest or impropriety for subsequent decisions I might make on matters previously within my responsibility." In view of the foregoing, I would like to inquire if you would bring to the attention of Commissioner Thomas Roberts the enclosed excerpts from the deposition of Edward A. Thomas, a FEMA employee formerly involved with reviewing the Seabrook emergency plans, who subsequently appeared as a witness in the licensing proceedings for Seabrook Station. In Mr. Thomas' deposition, (Volume 1, page 96), he was discussing development of an alert and notification u 8911160100 091108 PDR ADOCK 05000443' G PDR p9 _ - _ _ _ - _ __ _ _ O

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Mr. William Parler Page 2  ; November 8, 1989 l f systehi for Seabrook Station in 1982. Mr. Thomas deposed as follows:  !

                             "The issues that started coming up as early as           !

1982. And not just with respect to the beach l population, but throughout the Seabrook  ; emergency planning process, was that the i Seabrook containment was quite special and i deserved special consideration. That would  ! come up in the context of meetings that we have 1 to talk about what needed to be done with  ; respect to the emergency planing at Seabrook  ! and occasionally, NRC staff or more frequently  ! the personnel representing the utility would , indicate that Seabrook deserved special i consideration. This came up in the context also of the design of the alerting and notification system for Seabrook. When that was in process, we became aware l of some informal communication between Commissioner Thomas Roberts to Governor John Sununu, which we understood second-hand Governor Sununu understood to indicate that there was now a technical basis for a reduction in the size of emergency planning zones; and that, the.refore, the design and the construction of the Seabrook alerting and , notification system, perhaps, should be l deferred until such time as the one-mile i emergency planing zone was resolved either with I respect to Seabrook or with respect to plants I generally." (Emphasis added.) As you can see, Mr. Thomas was speaking on the basis of second-l hand knowledge, or hearsay, regarding this matter. Nonetheless, l it seems appropriate to ask that you present this matter to Commission Roberts, and advise us if he can state whether he has, in the past, had any discussions with Governor Sununu of the 1

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r Mr. William Parler >

                                                                         'e Page 3 November 8, 1989                           ,

type mentioned, or otherwise expressed opinio's n on either the adequacy of, or the requirements for, an emergency plan around the Seabrook nuclear power plant, and if so whether he feels, as did Commissioner Curtiss, that in order to avoid the appearance of conflict of interest or improprietp he should abstain from voting on the matters now pending before the Commission regarding the adequacy of emergency planning at Seabrook. Thank you very much for your attention. Very truly yours, e . rl .h?g, g .

     /         ert A. Backus f

RABijst Enclosures cc: Service List e g f % y (,

 ""T16M4                                    CONGRESSIONAL RF. CORD -SENATE                                              Oct3cr d. ISFS
   + hu ' tipr'nir attel, the matter sas roing investiration that th3 had cf that Cf Several cther individutls sh) drophed until non. lin years lat:r. htr. Noble Beasley.** htr. Colem&3 stited claimed an int: rest in the croperty. As Traus. for sore.e unknoa'n reasort, felt that he had heard this nf ter the meet. n tesult of the sult the etreult court Ing rtth lat. Butlet but belote the found that flutter r.nd the other indi.

compelled to f aite the matter train. t ene saunta writen case trial of Barbatt Wrtcht.11e also stated viduals should be entitled to recover  : hit. Tratis stan alleged that Mr. that ht thourht that Mr. 'Itavis had the property. After the opinton Butler l Futitt declined to let las. Estbara told htm about this Fedetti investiga. filed a petition whh tlie Board of . Wrght, who had been arrested and Don. - Equaltr.atton in blobile to loser the , charged tvith robbery, s tar a ten, hit. Travis himtell unwittmgly sup. tat assessment on the property. There cetded miernphone dartr g an meesti, ports h!r. Butler's usessment that tre some who now &lltre that Dutler ration < f Mr. Noble BeaMeV for brib. there tu an ongoing investigation talled to notify the defendants el the i try and liltral dnic tra!! eking. h!r. When he told the committec: petition End that he was somehow in

      ; ctL r accordmg 1o Travis was trymg           At that ttrne one et the efficers htr. Dutler violation of ethick) coralderattettt.        .
    < to protect law enforcement efficers '"enuoned.-his narne thpa one-he su the                  First. I would like to state lot the and En "unnameel public of fielkl." The Internt) Revenue Derartment s constien to record that at no time during thl3 suit J:diciary Committee hu regelved in. ' h' L"5 0 8 0"'. ""8 ' *l1 **' k'8 5'F't h- hu there bttn a complaint filed with f ormation from his. Wrignt that Idt.           gg Ng'" Mon'. 9 e s #7 ' '" 11el        . the bat regniding idt. Dutler's han.

i utler had attempted to centinee her spey,"es,cev,af i ns. twl re ditng easteelle koetr erhof of this matter.

    ' to cooperate witti the pohte by intro, each er' ace raa dotar, and this I cannot un.         Second, A ler.rned real estatt End during aft undercover arent to various cerr.tsnd. the need for secreet or not ustne ethles lawyer tnd professor in tne                            !'

andiv6 duals tru olved with druct. itaroars. beenute she v'as scinne us trhof cli State of Alabama. Prc!. littry Cohen. At his hearing, htr. Butler respendeg of 6: vas tooretor e4 reviewed thu matter. Prof essor Cohen 3 13 this thatte by stattr.g that there 14r. President. it is obvious from hit. advised the committee: I sta sti f act an of:roing inves.tsatien by Travis' own statement to the corrtmit. I have tes tewed the matter &nd in my j leocral autho!!ttes and tut'. or ustr.g tet when he said *we did not tell ev. ootnion there is no imprepriety or bresen of - Larbara Wright in an undercover ca. erybody everything" that Idr. Butler, any neral etnies Me on htr. butier a part . t L&esty could noutb!y jeccardae f.n en. u he testified. did not disclose the unntsoever, in rnt com!on there su no j m'ing Federnt im esticatter.. Federal investination because it wu lecht outr te notify anvor'e el Mr. Butler s , Trie committet hu received infor. held on a riced to know bula Just t e. thent's actiord 6fter the' oermon or tne cit.

                                                                                                                              '8i

• enat6:n that there was indeed a sttb. cause htr. Travis thought Bntbara Q' g'thte $

l $ e I d ty to r stantive investigation taking place .n Wright should be used in the investi. under these etrcumstances to Mr. Lantan or n

                                                                                                                                                  '     f 1912 r;garding Beulty. and that a ration did not make at correct. Mr. antene else of the arnett to the bottd of                                   i Eteliminary imestigation took place Travts just did not know everythLng equahr.auen ty Mr. huuer s chents ' ' '.

prl:t t3 this time. Idr. President. I that was going on. I have also aneussed the matter sith  ! 7.uld like to point out, that the target 14r. President, after the hearing en Prof. Richttd Thieven of our f aculty ano 1 of the investication. Noble Brasley, hit. Butler's nomination and the testi. &#.o teachts the legal profession cours, at . ens later convicted for drug traffirk. meny riven by Mr. Travis I requested the t'nheratty of Alat:sma School of Law ( t Inc. Hobbs Act violations. as s ell as the FBI to conduel approximntely g and he streed with rey asseument of this l IRS ti;1ations. This convietton cf Mr. doten interviews of attorneys and law 8"""I' ' d Beuley occurred without tne use el enforcement offielats in Idobile re. d,'n $ (" f t re of t m' at er I - (arbara Wright. Additlentity. Mr. rarding the veracity of tar. Travis. cannot contene of any terecularitt er im. l i Uuutt's testimony la corroborated by Without f all, all of those individutts prepnet v bems tHerec tn this ease. ' 5evertl Indtviduals. interviewed stated that Travis is some* Idr. President, the Ju'dtelary Com.

• Iirst Mr. Doyle Coats, a speetti one who cannot be trusted, lie is con.

, . ag;nt 01th the intelligence division of sidered totally unrelisble and 8.n indi. mittee hu thoroughly and laboriously Investigated this n0mination. The the Internal Revenue Servlee. in. vidual that etnnot be believed under ABA. Es well hts conducted an exten. firmed the committee that during the oath. We were advised that any infor. stre imestisdtion of Mr. Butler and

• period 1971 10 when the Beasley in. mation provided by Mr. Travis should they found him to be **Weu.Quklified" '

rettiration was taking place he was u. be Questioned terardmg its validity. for t.5e po f sirned to Mob!!e. AL. to werk on the Also, durms the course of these nommah,sition to which he has been ristcotles - trafflelJng project shich interviews information was obtamed m EMauons ra M wu in effect at that time. Mr. Cetts that completely diseredited anything against Mr. Butler were of a dublous states: *Wuh Mr. Dutler a f ull coep- Mr Travis previously had to say. Mr. nature and primarily came from one Jrstion and help, we successfully iden- Travis was Itted from his position as indhidual who is of very cuestionable , tilitd and prosecuted in Federal Court deputy sheriff of Mobile County as charteter and credibility. Mr. Buuer such individuals u Noble Brasley and the resun of a severe beating that he has responded honestly and forth. . Cther drug conspiracy cr ses.' cave a black prisoner in an attempt to rightly on allissues tr! sed both at his i Second. I* ster Williams. who is now obtain a confession. It was also dis. hearing and in respense to further , a respected police chief frem the city closed that Mr. Travis had crmmitted Questions submitted to hirn. If Dothan. AL.- was the head of the !!!ccal acts by tapinc a marijus.na cica. Mr. President. Mr. Butler is a man of , drur division for the pohee depart. rette behmd a mirror in a black int errity, ability. experience, and i ment Cf the city of Mootle durmg woman's home that was being knowletige. I am confident he will j these etents. Chief Williams ha.s in. searched. No dnics were found, but bring credit to the U.S. District Court , formed the committee that the onto. Mt. Tisvis said that if they came back in the Southern District of Alabamt  ; ing F;deral investigation of Noble they would find something the next and will be known for his f altness and Beuley would have been jeopardaed time. I felt it would be imprudent for sense of equal justice for all who  ; by usint Barbara Wright, the Senate to give any credJbility to appear before hun. I urge my col. . Third. Robert CarnpbeU. who wu a the testimony of Mr. Trsvis in light of leagues to vote in f avor of Charles R. , ichtet eaststant district attorney, sup. the irtfortntilen regardmg his charte. Butler to be a U.S. District Court g ports Mr. Butler's positten on this ter and performance as a deputy sher. Judge for the Southern District of matter. Lf f. Alabamt. F;urth, John Coleman, who wu t.wo utma pournrion or nwu a. evarass Carbart Wright's attorney during this Another matter whleh was raised

• Mr. SIMPSON. Mr. President. I rise time. when interviesed by committee during Mr. Butler's confirmation hetr. today in order to spes.k %out an ex.

Investigators as to thy Mr. Butler int involved some property that was ceptional young ru tn. I am very O!uld not use Ms. Wrirbt. Mr. Cole. sold in 1980 to individuals at a tax kue. pleased and very proud that President man r:sponded: 'because they were tion for nonpayrnent of tnxes. Mr. Hearan hts nominated Jim Curtiss to atrald it would Interfere sith e.n en. Butler filed suit on his own behttf and the Nuclear Regulatory Commission. I l k______________________._____________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _" 3

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' !'Ortober 8,1##                    '

CONGRESSIONAL RECORD-SENATE S 162 ] l% thete.t'orne is know him well, an Indb is which is sometimes mi sed in thS of prior involvement on Cy part in such j

  . vid6 a1 of entraordinary intelleet, im arena. he C1 ver7 thought.f tti and kind 1: sues dttrtre my preetous capsetty as a start                       ,
      - territy. and , comtnitrant. I think te rther people that he deals with Cn anerober.                                                                   :

- those of you-and 1 know t.htt Sena. stA!!. He has never inade anyone feel ,I I

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tors Morptstu and Dt.s.Strz have lesser in his work, and yet be poucases inade baned upon a inttnal osaunistrathi

      ' worked with hitn-we do ret to know an oterpowertog knos' ledge of his sub. re<Srd, it sound t.e my intention first to                                 ,

people who se refer to as " staffers" ject matter. But I've netet seen him revten the recon!in a tr such prtettdint Ln ~ and we get to know them well. We arrecant, never tude. I don't'say that a thorough taanner prior to partir*rattnt tri know thelt philosophies. their propen. that always occurs in this arena with anr atenet deelstan or tetton intehtet a sities, their habita, their skills, but I regard to sta!! persons. He is a !! rte eentested Luue in such peecedine. In that think that til of us would agree that human beleg, rttard. in eiew of the templeatty of the , thet Pres 6 dent has cominated someone So with regard to his nomination. I shoreham proceedir.s and the contestes Cho is entremely well cuatified to did have a mild chuckle about JL:n Luves that beve arisen in that receeeding. , serve on the Nuclear Rerulatory Cem. Curttas workins so dar11ed hard on the as 3 ,d e h' " Jission, a very fine choice, lertslation that would eliminate the the near future. nd $$ 1 t.e e h r [ I wiu not be in a twuen to t I don't spend any time in the back. Job that he has just been nominated have retiesed this lengthy reeerd a'lth the (titmd of his skills knd hLs rtaduation to, beenute he has been the right thoroughness that would be nuessary for from law school. but he worked en the hemlsphere of my brain for years rs me to participate ut the vrt9 mms Commis. sttLff of the NRC from mp to 1981. It we worked on the single M.ministrator sien review process resarome the t.leens ng Cas in February of IPE1 t hat I came to bill. Beard's Concludtnr Initial Deetaten en knw him. Of course he worked for So here now. he is presented in nom. y.mneener Plannine.1.BP-25-24. (Strttm. 1 tne tnd he worked with Jim Ar.st!st!nt. inntion. Still. I don't think that can t'e ber :3. 19861. Includine any sut$ecuent y;u will recall, uf o werked for the any kind of a confilet of interest a hen ^8'3'eal maro dulsic>ns on wew of that 1.l. committee. It was treme that nt the you're out to knock off the position to ,"r ne cN peomint Co timt when Jim As.telstmt went nr. the wnl:h you have been nominated. but it pen contested traurs that mirbt s dte os true it NRC. Someone actut.!!y ouestionec his says a lot at out Jim. about his com. future titisation regarding Nnc s rettew of eennecticns to the sneustry. We re. mitment to responsible nuclear lertsla. the June.11.ss. emereeney plannme eureue member that. We r.M tr ow how inat tien, that he s withnt to put it Tight on at the Shoreharn inelht). ' or.e worked out. He proved to te a the line Mth this nemication. rmAUy as an attorner ans former Senate e very independent t6nd thought!Lil man. So he remains very comtnitted to the empletee, I am estremely sensitive to Ine i Jim has the same tratts. reguladon el nuclear power in a way importance ci avoidme the appearsnee of ' Durmg the titne that he had fierved that ensures the pinblic heajth stad ##I 'l IM * *% ' *'*"" Y 3 *' ""'* me when I was churrran of the sub' saf ety, e.nd that's the only rnission of i d t in my rescIn eli tk n i a ' committte, and now as renking the entire NRC. Ir e believes in a proc. yggycus ticular. I a.m a are of concems that tme m mber of the Subcommittee on Nu. tss that yields ecsults. He alwans seeks t*en espressed shout rey participation as a . clear Reculation, he Prved witn creftt consensus on the tough issues. And strJf member of the Committee on Emeron. I distinetton. He served me so well en boy. does he know how to work. I can't rnent and Puehe works in matters related ' this committee As we worked thteturn imagme how there could be a finer ap. to etaercency pianning ftir the Seabrook so many imt ottant pletes of lecttla. pointment and the chant:cs he could Fueltar Poser Plant and. because el that, tion reentding epmmeretal nuclear Iny abHuy to anproach Comm63uon onb i power. Those lass are on the ocots make tn the NRC if itwould beinsubstan. Ng I " ttal-espectatly temains its "jg*"g*n'"c'pefand r ttial I with Jim's contnbution stamped all present context of the colleins.1 pet. ,mno  ; ever them. I think of the Nu:' ear sons. They need someone like this man I should saw that writte I hase tan in. Waste Poher Act of 1982, the low there, volved in the broad lettsistne potier u.sves Level Wa.ste Act of 1985. and this year Pinally. Mr. President,in view of the related to emergency piannine for nucient Prite Anoerson, and just a !cw weeks various press reports-some tricom. poun plants in my enoacity rs a staff [ aco the Senate pWed the NRC plete. some inneeurate-concerning memt.er et the Committee en Enutenment t ref orm bill, e uns , I think. Mr. Chairm.tn. any one cf us the futureparticipation by this ennominee in [a.isdopuche wons, mat. [,7[ry.[I tem upuunun Commt351on bustness t ae e co . who a'orked on nuclear reeuistory iag* ters in which he had a sustr.ntial in. think it would te ittprontiate for rte to talation knows that it own t cet cone tolvement t.s a staff member of the hase a stew on the contested issuet in the > tithom teamennous estort beetuse n Comtmttee on Environment and Senerook erceeedme currently r tenirr is an arena just stuffet it'ith crnotton Puoli: Works. I a.ut unanimeus cen. before the NRC. I and fear and htch drama and all the sent to hase prtnteo in the RrroPo at N*etheletS 3 do elits e that the ertaep. things that mnre it 56 *nuen to dtal this pomt the norninee's sistement en l'on of noteettuty at:d i'r.r"trttauty is crittral t with. It has to t:e c onc suth a yeoman tttis suoject. to the irterrity et the Comm:s.uuns caeb  ; effort and it has to be tnne with a on. , sionrrsakma procen. r partsan ef fort. I hau watched Jim D' 2's nastin. I ;nund to aunau. acm worn with Sanator Btrx:x' ecumel- tion, U Iprior

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to carticiostme m any stence conte >tec "iu"ses that e"s'*e artsen or misn"t k t Tim Smnh. who has now tone on to sesion or eterioen miolone a entter tuth arise in this preceedir;c innosting the iee-other .tetivities. I hast ratened him rrseert to which I hao a .u:sts.rstial ar.s oPce, cusry et the emerverity sterarenneu plan worr. usth others en betn sides n! ine ment m my pretmus earsacity as a staff for me scadr*k taemt). al.sle, at d all of tho:<e mMts of leensh. me moet f or the Cemmitt** on Enurent-ent There o*ms no v cinnon. the staterrer.t tion I have just tered of f irnoP.ee the an*8 PUDhe Works, to lerst termeer u nether ss.: orcereu to t>e s.rmted at the RtetAD. as i most thouentf ul comnromat s t.rW se. I ran approach any such eeeuon or netten f oues s. i riouinegodahons and ectuensus, w un 'us open and imparnal reind. In tnst Mr. DIDEN. .'.tr. President. I suetest i So this is Jirn Curtisa ! hava a s erv 'c"[', 'r n "'$f!Ne of $erNiio rIet ce$ the wenn of n amum. , creat deal of respect int titis man. He the relevsnt statutory ann ivoeint sinne. The PRESIDING OFT!CER. The is a true techritetan. He is riot a cr.rtl. arein. ntant to res* hine a precment neout clerk will call the roll. rnn-e.nd I would ornt>hastte that. He unetter 6t would be arspeneriste for me to The legislathe clerk procteocc to  ; ts What I would call the ideal de!!nt. partietonte in any such dectsion or action call the re!!. tion et staff, if it sound be oef;ned. I Aodationauy. wnh resocet to any adnictats. Mr. BYRD. Mr. President. I ask haw wat.ched him wor'.t: t e is rtn md,. ton omnoins. a mm et my mienti6n to unanimetis consent that the orcer for f aticable worker. so hna:ht so n.111ed. I" * **'"Ie It'e conttsted tuues be f ore the Quottiin cali Oe resemded. and dilirent. *C""**"I"'""*'"'"d"** The PRESIDING OTTICER. With, lie is a consummate nrofenlenal. He ,7n$r' gY,"'r"e $s"s e$se'n"n$ *>Nin Nr c$eI. out otneetton,it is so ordere is a detnti man. He ttrukrstane.3 the ucture my noihty to cr.nnder ane resobe Mr. UYRD. Mr. President, as I un. , nuclear tr. sues. And one other thmt he suen iuues in an tmsarual manner because derstand it, the nominees that I enu. 1 6...._____. .______- __... .......______..___ ___________._--.._---. .------.

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z 9 j/f M  %  ; I M ,hb Volume II- l b Pages 2-1 to 2-108

                                                             \      MId @g        Exhibits See Index i

4 0 t I UNITED STATES OF AMERICA  ! I ( NUCLEAR RE00LATORY COMMISSION [4 Q l p f p@ f{f(Mf BEFORE ADMINISTRATIVE JUDGES: [[' t i p IVAN W. SMITH, CHAIRMAN Yh .

• DR. JERRY HARBOUR d I.\ g l '

CUETAVE A. LINENBERGER, 'J R . @ hp  : I V 3\ Y I 5

                            . . . . . - .. . _ .... - .                        .x                           q ,q           ,

d2 I l 2w IN THE MATTER OP:  : y Y.T f

                   .!       PUBLIC SERVICE COMPANY                                  : Docket No.                            ,

h$ b# OF NEW HAMPSHIRE, et al., (SEABROOK STATION, UNITS 1 and 2) i (s)50-443/44-OL (Off-Site EP) ,

                 <                                                                     March 16, 1988             )

ge . . . . . -- . . -

                                                                                  -x                         g. j  "

l C0 zo CONTINUED DEPOSITION OF EDWARD A. THOMAS, a \ci q

       <      -  %E         witness called on behalf of the Commonwealth of                                            .

I Massachusetts, taken pursuant to the Federal Hules I

l. Ih of Civil Procedure, before Myriam A. Maracas, I i

O5 Z$ Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusette, at the O . h3. Offices of the Attorney General, one Ashburton Place, Boston, Massachusetts, on Thursday, March l

                   .5                                                                                                      :

A,p( O{ A *, 24, 1988, commencing at 10:55 a.m. g l l I P(S V dgd PRESENT: 4z

                 '0 4
                 ~w h                   The Commonwealth of Massachusettt                                  b[gi        I E                             D e p a'r t m e n t of the Attorney General                   (f     i
                                                                                                                  /

i Public Protection Bureau

                        !                             (by Stephen H. Oleskey, Esq.,
                                   ,[# f(             Carol Sneider, Esq., ana                                             l George B. Dean, Esq.)
                        @/ y8 /,(.,                   One Ashburton Place, Boston, MA 02108,                               ;

3 Cy for the commonwealth of Massachusetts. H. Joseph Flynn d O h

                     !                                Office of General Counsel Federal Emergency Manag'ement Agency br ( (#'

500 C Street, s.W., (s/* 1 Washington, D.C. 20472, for g i Federal Emergency Management Agency. f (Continued Next Page) -

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p  : ,I 95 t 1 population, and with respect to the behavior of the 2 drivers on the beach and within sight of Seabrook, 3 they recommended action of sequential evacuation, , 4 sheltering population, building supplemental and  ; 5 evacuating only ramps onto Route 195. i 6 , So we sort of had that as a basic part of 7 { our planning and our thought process in dealing with i B Seabrook. 9 Q. Was that your basic planning document on 10 this issue from 1981 on? 11 A. It certainly served as a starting point in 12 our evaluation. The other starting points in our 13 evaluation came up as we became more and more 1 14  ! familiar with the review of off-site emergency ., i 15 l plans, and also as we got more involved in the 16 Seabrook procecs at the coordination meetings, and 17 the rest of that we had devised in order to 18 aoselerate and promote emergency planning at J 19 Se$ brook. 20 The issues that started coming up as early 21 as 1982. And not just with respect to the beach

     .          22        population, but throughout the Seabrook emergency 23        planning process, was that the Seabrook containment  i 24        was quite special and deserved special gr-- i _ -

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p 1 96 l 1 consideration. That would come up in the context of  ! 2 meetings that we have to talk about what needed to , 3 be done with respect to the emergency planning at , 4 Seabrook and occasionally, NRC staff or more 5 frequently the personnel representing the utility .  ; 6 l would indicate that Seabrook deserved special , 1 7 ,

ensideration. This came up in the context also of ,

I l 8 the design of the alerting and notification system 9 for Seabrook. 10 When that was in process, we became aware [ 11 et some informal communication between Commissioner 12 Thomas Roberts to Governor John Sununu, which we t 13 understood second-hand Governor Sununu understood to 14 , Indicate that there was now a technical basis for a i 15 reduction in the si:e of emergency planning enes; i I 16 and that, therefore, the design and the construction 17 of the Seabrook alerting and notification system, 18 perhaps, should be deferred until such time as the 6 - 19 one-alle emergency planning :one was resolved either 20 with respect to Seabrook or with respect to plants 21 generally. f 22 My office got involved in encouraging 23 communications within the NRC so that this situation  ; 24 was properly explained to Governor Sununu that the i

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LAAadastyative'Judg3 . Administrctive Judge' Docketing Cnd Servica

 -G. Paul Bo11werk, 111 Chran,.

James H.-Carpent r US NRC Atomic Safety and Licensing ' Alternate Technical Member Washington, DC 20555 Atomic Safety and Licensing

   ' Board                                                             . J C M iia lUS.NRC'                             Board                               U*O
 -Washington, DC. 20555~            US NRC Wan.hington, . DC . 20555
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Robert R. Pierce, Esq. Kenneth C. Rogers, Commissione FT4: Atomic Safety & Licensing Atomic Safety and' Licensing US NRC 'O'N ',dppeal' Board Panel Board Washington, DC 20555 US~NRC US NRC Washint, ton, DC 20555

, Washington, DC '20555 Administrative Judge              Thomas M. Roberts.                  SAPL' Thomas S. Moore                     Commissioner                      5 Market Street-US NRC-                           US NRC'                             Portsmouth, NH 03801 Washington,.DC     20555           Washington,'DC 20555
'Adminictrative Judge-              Kenneth M Carr,                   ' John Traficonte, Esquire Alai S. Rosenthal,                   Commissioner                      Assistant Attorney General US NRC       .                     US NRC                              One Ashburton Place-Wa;hington, DC 20555               Washington, DC 20555                19th T1oor Boston, MA 02108 Ad;inistrative Judge                 James R. Curtiss,                  Senator Gordon J. Humphrey.

How:rd A. Wilber Cemmissioner- U.S. Senate US NRC- . US NRC Washington, DC 20510 Washicgton, DC- 20555 Washington, DC -20555 (Attn. Gordon Mcdonald) Administrative Law Judge Peter B. Bloch, Chrmn. Thomas G. Dignan Esquire Ivan W. Smith, Chrmn. Atomic Safety and Licensing Jeffrey P. Trout, Esquire Atomic' Safety and Licensing Board Ropes & Gray Bo:rd. US NRC One International Place US NRC Washington, DC 20555 Boston, MA 02110-2624 Q dhington 'DC,.20555 e Adiluictrative Judge Atomic Safety and Licensing Diane Curran, Esquire .Kenneth A. McCollom Board Panel Harmon, Curran & Tousley 6tomic Safety and Licensing US NRC 20001 "S" Street, N.W. ,' B icrd . Washington, DC 20555 Suite 430 GS'NRC Washington, DC 20009 Ctchington, DC' 20$55 i

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