ML20154G614

Town of Merrimac Answers to Applicant First Set of Interrogatories & First Request for Production of Documents to All Parties & Participating Local Govts Re Contentions on Seabrook Plan for Massachusetts Communities

ML20154G614
Person / Time
Site:	Seabrook
Issue date:	09/16/1988
From:	Amirian A MERRIMAC, MA
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
Shared Package
ML20154G606	List: ML20154G602 ML20154G614
References
OL, NUDOCS 8809210025
Download: ML20154G614 (8)

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September 16 M {s0 UNITED STATES OF AMERICA '

'88 SEP 19 P3 :40 NUCLEAR REGULATORY COMMISSION ,

c y I hgcdD,e , , , T , . .r!

before the !m +

ATOMIC SAFETY AND LICENSING BOARD

[

) '

In the Matter of )

) Docket Nos. 50-443-OL  ;

PUBLIC SERVICE COMPANY OF ) 50-444-OL HEW HAMPSNIRE, et al. ) Off-site Emergency  !

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

) ,

TOWN OF MERRIMAC SANSWERS To APPLICANTS' l TIitST SET OF INTERROGATORIES AND FIRST REQUEST  :

FOR PRODUCTION OF DOCUMENTS TO ALL PARTIES AND l PARTICIPATING IDCAL GOVERNMENTS REGARDING CONTENTIONS '

ON THE SEABBOOK PLAN FOR_MAESACJ1UAETTS COMMUNI. TIES t i

NOW COMES the TOWN OF MERRIMAC (TOM) and hereby answorn f l APPLICANTS' FIRST SET OF INTERROGATORIES AND FIRST R%UP3T FJR I 1

l PRODUCTION OF DOCUMENTS To ALL PARTIES AND PARTICIPATING JOCAI. i GOVERNMENTS REGARDING CONTENTIONS ON THE SEABROOK PIAN FO P, i MASSACHUSETTS COMMUNITIES dated August 31, 1988 as fcilows:

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QJhlECTION TO_ PRODUCTION _OF DOCUMENTS TOMobjects to Applicants' request that any documents to be

,. produced by TOM must be provided at the of fices of Applicants' i attorneys in Haverhil1 Massachusetts. The request .is unduly 5

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burdensome and costly to TOM ' , is disruptive of recordkeeping  !

l maintained by the Town, and could unreasonably compel TON, to i l

8809210025 080916 L PDR ADOCK 05000443  !

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transfer documents outside the EPZ. consistent with Applicants' past practice of making its own documants available for inspection to Intervenors at Seabrook Station, Applicants may oimilarly assume the burden of coming to TOM to inspect any relevant documents of TOM , provided, however, that said inspection is conducted during the discovery period, during normal business hours, at a mutually agreeable time, following reasonable notice to TOM.

1RTEREQQATQRIES QUESTION:

1. please identify the person (s) answering or substantially contributing to the answer to each of the following interrogatories.

ANSWER:

Ashed N. Amirian, Esquire, Attorney (Town Counsel) for the Town of Morrimac, Mass.

QUESTION:

2. Please identify and produce all documents, and describe in detail all conversations not otherwise reflected in such documents, which reflect or refer to what actions any Massachusetts state or local government entity or official would, could, might, would not, could not, or might not take in the l

cvent of an actual radiological emergency at Seabrook Station.

ANSWER:

This interrogatory is objected to on grounds of attorney-

, client privilege and work product. This interrogatory is further objected to on grounds that it is so overly broad and.

vague as to be incomprehensible. Whatever actions a TOM official *

'might agt take in the event of an actual radiological emergency at Seabrook Station

• could include a decision to ostnene a luncheon engagement. Obviously the interrogatory Since is thin d[fective for is Interrogatory inquiring into wholly irrelevant matters.

so vague, however, and wholly fails to specify the nature, scope, or

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l extent of the particular ' emergency" at Seabrook Station l

l contemplated by the question, necessarily TOM cannot respond more  :

l specifically to this question.

QUESTION i

3. Please identify and produce all documents, and describe l in detail all conversations not otherwise reflected in such  !

documents, which reflect, refer to, or relate in any way to any  !

action by any Massachusetts state or local government official or l entity to block, hinder or delay the licensing of Seabrook j Station.

l ANSWER:

This interrogatory is objected to on grounds it is vague, l i

overly broad, argumentative, and, even if more properly draf ted, appears to seek communications and documents not subject to  ;

discovery by reason of the attorney-clien privilege or work I

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product. TO'M has never undertaken any actions with the fundamental goal merely to "block, hinder or delay the licensing i 1 f i of Seabrook Station". At all times govotning officials of ,

t have taken whatever actions deemed appropriate and necessary to protect the health and safety of their citizens. The intimation  ;

l in the interrogatory that TOM.'s motives or methods have been  !

i purely obstructionist is highly objectionable.

QUESTION:

4. please identify and produce all documents generated af ter January 1, 1980 that reflect or refer to any emergency

. planning (other than that engaged in by Applicants) conducted or

, contemplated for the Massachusetts EPZ or any portion thereof, j including but not limited to emergency planning required pursuant i to the Emergency Planning Act. Such documents should include, 9 ,

but not be limited to, documents that reflect or refer to whether the SPMC or any other plan for dealing with a radiological  !

emergency at Seabrook Station has or has not been, or will or ,

will not be, used in planning for emergency situations other than  !

those involving Seabrook Station. l l

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ANSWER This interrogatory is objectionable to the extent it seeks to invade the attorney-client privliege or to obtain work product prepared by or on behalf of counsel for TOM or TOM of ficiala for purposes of litigation. TOM- further objects to this interrogatory on grounds that, to the best of Tok's knowledge and belief, Applicants are already in possession of all planning documents for the Seabrook Epz, and further that Applicants c angaged in',

or were involved with, generating these documents prior to decisions by the commonwealth and Hassachusetta EP2 c:mmunition that emergency planning for Seabrook is not feasible.

Tok is not in possession of any planning documents, within the ccope of the request, generated since that date. TOM teknowledges, however, its responsibilition to the extent -

tcquired under the Emergency Planning Aci, although no such planning document has been approved by the Town.

QUESTION:

5. Please list every admitted SPHC contention which you do n:t intend to participate in litigating, i.e., concerning which ycu will not take discovery, present evidence, make arguments, c:nduct cross-examination, or submit proposed findings.

ANSWER:

As Applicants should be aware, this interrogatory is premature. Presently, the coumonwealth, EPZ Towns in l

Massachusetts, and Applicants, are engaged in stronmlining and s

l c;nsolidating the numerous admitted contentions for submission as joint intervenor' contentions. As of the date of these answers, 1

that process has not been completed. Identification of

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GCntentions that TOM may choose to litigate is wholly preianture cnd speculative.

In addition, any responses Applicants may make to TOM discovery requests may impact on TOR's decision whether to proceed with further litigation of particular contentions .

QUESTION:

6.

cnd do not hereby withdraw,For every admitted SpMC you contention submitted that c ntention that you did not list tbove, and in forresponse every other admitted SPHC individually for each such contention, pleasesto Interrogatory 5 a.

c:ntained in the contentiontState in detail all the facts underlyin:g each assertion b.

State the source of each such fact If the source is tha personal person (s). knowledge of one or more person. s, produce the document (s);If the source is one or more documents, identify and identify the c.

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tho contention, and state the substance offacts theIdentify any expert witness who cnd tCOtifyt grounds for opinions to which the expert is expec,ted opinions, to )

d. {

Identify any non-expert witness who is to testify  !

c:ncerning the contention, and state the substance of the facts to which the witness la expected to testify and e.

Identify and produce any documents which reflect or rotor tho to any type substance ofcontentions.

of the study, calculation or analysis bearing upon ANSWER:

a.

See Answer to Interrogatory 5. By way of further cbjcction, this interrogatory is objected to as vague and unduly burdOnsome. TOM asserts that "the facts underlying each cOOOrtion crecificity contained in the basis in the contention

• are stated with reasonable $

for each contention proffered by TOA.

t Absent a reasonably specific request by Applicants for particular information. TOM objects to Applicants' fishing expedition for l .

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• all the facts" contention. which may possibly pertain to any particular b.

See answer to Interrogatory 5 and 6a. I c.

See answer to Interrogatory 5 and 6a.

ennwer, By way of further TOM has not yet identified any experts cn behalf of TOM. who will testify

d. L See answer to Interrogatory 5 and 6a.

By way of further cnswer, this interrogatory is objected to as outside the scopo o permissible discovery, as premature, and as constituting ,

fishing expedition intended a

to intrude'into the litigation otrategies,e.

and mental impressions ofToM'Scounsels. and official See answers to Interrogatories 5, 6a, and 6d.

By way of further objection, this interrogatory, which seeks cbearing upon* a contention, any document -

is so incomprehensible. bpad and vague as to be

/ l DATED: SEPTEMBER 16, 1988 l

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Asht 4 ' . Amirian, Etiqui re 5

Town Counsel of Merrimac COMMONWEALT!! OF MASSACHUSETTS j ESSEX, SS.

i September 16, 1956  :

Personally appeared the above-named Ashod N l to the truthfulness knowledge,of the foregoing statements b. Amitian and swore personal ased upon information and belief, s Before me, i e

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_ Ctd, N6tary Publict Patricia liarb My commissien expirest Oct. 27, 1989

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• Iva'n W. Smith, Quirnan Acborta Pomar

\tmic Safety an! Licensing Stato Pepresentativo ,,

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<ashington, tc 20555 Dos *rn

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Dr. Jerry flatteur

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!arol Sneider, Esgaire Sherein E. Turk, ra7 aire

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