ML20151T601

Application for Subpoenas Requiring Attendance & Testimony of FEMA & NRC Employees & Memorandum of Law in Support.* Subpoenas Requested for M Lawless & F Congel.Related Correspondence

ML20151T601
Person / Time
Site:	Seabrook
Issue date:	04/21/1988
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20151T605	List: ML20151T601 ML20151T649
References
CON-#288-6170 OL, NUDOCS 8804290082
Download: ML20151T601 (4)

Text

4/74 REIAIED CORRESPONDENcg

, 00LKETE0 USNRC 18 Am 25 PS :38 UNITED STATES OF AMERICA

, FFfCE Of ihA% f NUCLEAR REGULATORY COMMISSION OCKET i LPVif;f.

Before Administrative Judges:

Ivan W. Smith, Chairman Gustave A. Linenberger, Jr.

Dr. Jerry Harbour In the matter of: )

) Docket Nos. 50-443-OL Public Service Company of ) 50-444-OL New Hampshire, et al. )

)

(Seabrook Station, ) (Offsite Emergency Units 1 and 2) ) Planning Issues)

APPLICATION FOR SUBPOENAS REQUIRING ATTENDANCE AND TESTIMONY OF FEMA AND HEC _EUELOXEES_AER_MEMOEAUDUM_DE._L6W_lH_SUEEDET NOW COMES the Seacoast Anti-Pollution League, New England Coalition of Nuclear Pollution, the Towns of Hampton, New Hampshire and Amesbury, Massachusetts, and the Massachusetts Attorney General and apply to this Board for two further Subpoenas for witnesses to appear at the next Board hearing, now scheduled for May 2,1988, in Concord, New Hampshire. A Subpoena is requested for Margaret Lawless, Emargency Management Specialist, Directorate of State and Local Programs and Support, FEMA, and Frank Congel, Director Division of Radiation Protection and Emergency Preparedness, Office of Nuclear Reactor Regulation, US NRC, Washington, for the reasons set out herein, and as advanced in these Intervenors ' April 14th Application for Subpoenas, and as set forth in the attached Memorandum of Law.

1. Margaret Lawless, Emergency Management Specialist, is a program person at the FEMA Directorate of State and Local Support, 4

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in Washington. She attended ~the March 4,1988 meeting at which FEMA is said to have formally decided to adopt the position set forth in the March 14, 1988 testimony, end probably has notes of that meeting, along with all other attendees, whose subpoenas were sought by means of the movants ' application of April 14th. She is also to have said to attended the FEMA meeting June 19, 1987, along with Richard Krimm, William Cumming, Craig Wingo, and George Watson, where the former FEMA position was discussed and determined. (Deposition of Edward A. Thomar at Vol. 2-3 5) . She also attended the FEMA /NRC meeting on Junt 2, 1987, involving from the NRC, Mr. Frank Congel, Mr. David Matt'lews, and Victor Nerses.

She is further said to have draf tad a nemorandum of meetings held on October 12 and/or 28,1987, where FEMA dealt with the issue of responding to the NRC's proposed outline of rebuttal testimony to FEMA's former position. (Thomas Deposition, Vol. 2 at page 99)

She also attended meetings in Washington on January 5th, at which the FEMA participants, including Mr. David McLoughlin, Mr. Richard l

Krimm, Attorney H. Joseph Flynn, Ms. Joan Ho;k, and Mr. Grant Peterson, have said to have agreed that a "best ef forts" standard for judging the adequacy of the New Hampshire plans with regard to the beach position was not legally defensible. (Thomas Deposition at Vol. 3, pages 3 8-3 9) She also attended a February 15th meeting in Washington, with Mr. Wir go and Mr. Krimn, to discuss the adequacy of the February lith New lidmpshire submission.

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2. Ms. Lawless ' . testimony is of "general relevance" within the meaning o'f 10 CFR S2.720(a) in that she is a person who would appear to. have knowledge of 'the basis of FEMA's former - and current position regarding the adequacy of the New Hampshire plans for the s beach population.

3. Frank Congel, Director Division of Radiation Protection and Emergency Preparedness, Of fice of Nuclear Reactor Regulation, US NRC , Washing ton, is descr!5ed as the principal contact person f or NRC with F EMA , in regard to Seabrook, by means of communication with Mr. Krimm, who was said to be his counterpart a t F EMA . (Thomas Deposition, Vol.1 at page 21) He is a person who made the NRC 's request to FEMA f or "findings and determinations' as required by 10 CFR 50.47(a) (2) , but which request, according to the testimony of Mr. Thomas, was never pursued when NRC' was informed that the finding would have to be negative. (Thomas Deposition, Vol. 1 at page 75) Mr. Congel also attended the inner agency meeting with FEMA on January 2, 1987.

There are exceptional circumstances requiring Mr. Congel's testimony, in view of the testimony indicating that FE2m may have k

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changed its position, not on the basis of new f acts or testimony ,

on sheltering, but as a result of pressure, or legal or f actual positions taken by NRC, which were not related to the adequacy of the NHRERP. Mr. Congel may also have conveyed theories or f actors to FEMA leading up to FEMA's change of position prior to January, 1988.

Respectfully submitted ,

Seacoast Anti-Pollution League By its Attorneys, BACKUS, MEYER & SOLOMON By: _

[o ert A. Backus, Esquire 116 Lowell Street P .O. Box 516 Manchester, NH 03105 (603) 668-7272 I hereby certify that on the j _ff day of April,1988, copies of the foregoing Application for sue [poenas have been mailed to the attached Service List. Copies have been forwarded to those indicated with an asterisk by Federal Express.

Rob'e A ire I

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