ML20247A712

Informal Discovery Request Re Mag EX-19.* Requests That NRC Provide Commonwealth of Ma W/Listed Addl Info Re June 1988 Exercise.Commonwealth Does Want to Question Perrotti by Deposition or cross-examination.Related Correspondence

ML20247A712
Person / Time
Site:	Seabrook
Issue date:	03/24/1989
From:	Fierce A MASSACHUSETTS, COMMONWEALTH OF
To:	Chan E, Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#189-8351 OL, NUDOCS 8903290174
Download: ML20247A712 (2)

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THE COMMONWEALTH OF MASSACHUbibe h

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DEPARTMENT OF THE ATTORNEY GENERAL lj-j-

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JOHN W. McCoRMACK STATE OFFICE BU LDING

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oNE ASHBURToN PLACE, BOSTON 02108 1698

'89 MAR 27 P4 :10 i

-JAMES M SHANNoN AT?OANEv GENE 8%

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ui< A E March 24, 1989

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-1 BY TELEFAX Sherwin Turk and Elaine Chan, Esq.

Nuclear Regulatory Commission one. White Flint North, 15th floor 11555 Rockville Pike Rockville, MD 20852 RE:

Informal Discovery Request Re MAG EX-19

Dear Mr. Turk and Ms. Chan:

In regard to the Mass A.G.'s ongoing informal discovery with respect to MAG EX-19, we request that tne NRC staff provide us with the following additional information:

1.

What action, if any, did the NRC staff take to follow up'on the " Negative Comments" contained in Mr.

Perrotti's memorandum of July 14, 1988, to Edwin Fox?

2.

Since the June 1988 Graded Exercise, has the NRC staff evaluated any SS-ERO drills or exercises which involved or simulated making offsite PAR's?

If so, state when these drills / exercises occurred, what l

NRC1 staffers were present, and how the drill / exercise was conducted, and how (the methodology) the drill / exercise was evaluated, and what that evaluation was.

Please provide all documents in the possession of the NRC staff which refer or pertain to these drills / exercises and/or the NRC's evaluation of the i

SS-ERO's PAR decision-making.

3.

Please advise us of the date when the 1989 NRC observed exercise for the SS-ERO will be conducted.

We are further requesting that the NRC and the Applicants permit us to have one observer present in 9

the EOF to observe the process by which the SS-ERO formulates offsite PARS.

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Mr. Turk and Ms. Chan March 24, 1989 Page Two I also wish to clarify one aspect of our conversation of March 15, 1989, which you seek to memorialize in your letter of March 20:

One way or the other (by deposition or cross at the hearing) I do want to question Mr. Perrotti, and I want the NRC to produce hTm voluntarily.

In the conversation I said that while my schedule was very tight, if the NRC was unable to get the waiver it was seeking to bring Perrotti in for the hearings, ! would. depose him now, before he left the agency, if that was the only way for the NRC to produce him voluntarily.

Perhaps the-NRC can produce him voluntarily at the hearings after he leaves the agency, even if the waiver is not granted.

Whatever the method, I want the NRC to voluntarily produce Mr.

Perrotti for questioning.

I do not want to be forced to subpoena him to appear at the hearings.

Very truly yours, vDL<>

Allan R.

Pierce Assistant Attorney General Nuclear Safety Unit One Ashburton Place Boston, MA 02108 (617) 727-2200 ARF /jms cc: Service List l

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