ML20196F190

Atty General Jm Shannon Offsite Emergency Planning Interrogatories & Request for Production of Documents to State of Nh (Set 3).* Interrogatories Should Be Answered by 880328.Certificate of Svc Encl.Related Correspondence

ML20196F190
Person / Time
Site:	Seabrook
Issue date:	02/24/1988
From:	Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	NEW HAMPSHIRE, STATE OF
Shared Package
ML20196F194	List: ML20196F190 ML20196F219
References
CON-#188-5712 OL, NUDOCS 8803020077
Download: ML20196F190 (17)

Text

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+67? .A RELATED CORRES.P.OyDM

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00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION is F03 29 P5:58 ATOMIC SAFETY AND LICENSING BOARD GrFICE Ci1ECH itF!

Before Administrative Judges: 00CXtljS':/,

Ivan W. . Smith, Chairman " ID^ via.f.

Gustave A. Linenberger, Jr. '

Dr. Jerry Harbour

)

In the Matter of )

)

PUBLIC SERVICE COMPANY OF NEW ) Docket Nos.

HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) (Off-Site EP)

)

) February 24, 1989 ATTORNEY GENERAL JAMES M. SHANNON'S OFF-SITE EP INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE STATE OF NEW HAMPSHIRE (SET NO. 3)

Pursuant to 10 C.F.R. $2.740 and 2.740b, Attorney General James M. Shannon hereby propounds the following interrogatories

' o the State of New Hampshire.

These interrogatories are to be answered in writing on or before March 28, 1988 and under oath by an employee, representative, or agent with personal knowledge of the facts or information requested in each interrogatory.

Definitions i=

As used in these interrogatories, the following terns have the following meanings:

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1. "Litigate" with regard to a topic or contention means to offer direct testimony relating to, to cross-examine on, to offer proposed findings or rulings regarding, or to urge t'e n denial (or allowance subject to conditions) of the pending application on the basis of the topic or contention.

2. "Document" means any written or grapnic matter of communication, however produced or reproduced, and in intended to oe comprenensive and include without limitation any and all correspondence, letters, telegrams, agreements, notes, contracts, instructions, reports, demands, memoranda, data, senedules, notices, work papers, recordings, whether electronic or oy otner means, computer data, computer printouts, pnocographs, microfilm, microfiche, charts, analyses, intra-corporate or intra-office communications, notebooks, diaries, s<ecches, diagrams, forms, manuals, brochutes, lists, pJblications, drafts, telepnone minutes, minutes of meetings, statements, calendars, journals, orders, confirmations and all other aritten or graphic materials of any nature whatsoever.

3. ":dentify" with respect to any document means to state une following respecting the document: its title, its date, tne autnor of cne document, the person to whom the document was sent, all persons who received or reviewed the docunent, the suostance and nature of the document, and the present custodian of tne document and of any and all copies of the document.

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4. ":dentify" with respecr. to any action or conduct mains to state One following regarding any such action or conduct:

cne person or persons proposing and taking such action; the dato auch action was proposed and/or taken; all persons with

<nowledge or infornation about such action; the outpose or proposed effect of sucn action; any document recording or documenting sucn action.

5. "Descrioe" with respect to any action or natter .means to state the following regarding such action or matter: the suostance or nature of such action or matter; the persons participating in or naving knowledge of such action or matter; une current and past business positions and addresses of such persons; tne existence and location of any and all docunents rel3 ting to suCn 3Ction or matter.

6. "Identify" aith respect to an expert witness means to state:

(a) The name, mailing address, age and present professional or employment affiliation of the person; (c) Tne profession or occupation and field of clainei expertise of the person; (c) Ine history of formal education or training of the person, including, but not linited to, (i) the name and address of each school where the person received special education or training, (ii) the date those schools were attended, and (iii) a description of each degree earned, including the date and granting institution 3-

b (d) Ine history af specialized training in the irea of claimed expertise, including, but not limited to, (i) the type of training received, (ii) the nane and address of the institution providing this training, and (iii) the dates of sucn training; (e) A list of publications of any kind by the person in ene area of claimed expertise, including, but not limited to, (i) the title and subject natter, (ii) the nane and address of toe puolisher, and (iii) the date of puolication; (f) A list of any and all licenses in the area of claimed expertise, including, but not limited to, (i) the designation of the authority by which the license was issued, (ii) the date(s) of the licensing, (iii) the requirements for obtaining each license, and (iv) the manner oy wnien these requirements were met; (3) Tne amount of time the person nas worked in the field of claimed expertise, stating periods where work was other enan on a full-time oasis; (n) The name and address of every person, or every corporation or other institution, that has employed the person ainnin the last ten years of employment; (i) All periods of claimed self-employment, including a

• description of all duties and responsibilities thereof; (j) All previous experience in the field of clained expertise which involved problems, analyses or studies similar to those concerning which the person is expected to testify in this proceeding;

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(<) All other litigation in wnich the person has been consulted, specifying those matters in which the person has testified, including the name of the case or matter and the court or other forum in which testimony was given; and (1) Any other experience in the field of claimed expertise.

7 "Identify" with respect to a non-expert witness means to state:

(a) Tne name, mailin) address, age and present professional or employment affiliation of the witness; (c) The profession or occupation or the witness; (c) The name of the supervisor and department of the witness; (d) The current employment or professional relationship, if any, between the witness and you; (e) Tne past employment or professional relationship between tne witness and you, including the dates of that relationship; and (f) All litigation in which the person has tese.ified on any matter in which you have had an interest, including the name of the case or matter and the court or other forum in snicn testimony was given.

Wnerever appearing in these interrogatories, the masculine form is defined to include une feminine and/or the neuter and une singular form is defined to include the plural wherever necessary to apply tne context to any factual situation that may exist or to render the interrogatory more inclusive in ecope.

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Jonice Regarding Supplementation Your attention is called to the provisions of 10 C.R.9.

S 2.740(e) regarding your obligation to suoplement interrogatories and requests for the production of documen'_s.

Request for the Production of Documents Pursuant to 10 C.F.R. S 2.741, you are nereby req.'estei to produce, for inspection and copying, each document identified in response to unese interrogatories and eacn document required to ce identified in response to these interrogatories, at the offices of Attorney General James M. Shannon, Room 1902, one Astourton Place, Boston, MA 02108 on March 29, 1988 a: 10:n0 o'cloc< a.m., attn.: Carol Sneider, Assistant Attorney General. Eacn document produced in response to this request should oe laveled to indicate the interrogatory or interrogar.ories in response to which it is produced.

INTERROGATORIES

1. Identify all documents on which you will rely to supoort your position an the sneltering contentions, and oroduce all such documents not previously produced. Identify the information in each document on which you will rely and the specific subpart of each contention which that information Concern 3.

2. State snether you have relied, do rely, or will rely on any study, calculation, or analysis to support your position on the sheltering contentions. If so, to the extent you have no already done so, please:

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a. Describe th'e nature of'the study,'calculatioa.or

, analysis and identify any documents that.disedss;or

' describe the study, calculation: or analysis; +

o. I'dentify-the persons who performed the~ study, calculation or analysis;

c. State when and where the study, calculation or-. analysis was performed;

d. Describe.in detail the informati6nLor data that was

. studied, calculated or analyzed;

e. Descrioe the results of the study, calculation or analysis;

f. Explain how sucn study, calculation, or analysis provides support for your position on each of these

-contentions.

3. Do you intend to offer the' testimony of any expert witness wita respect to sheltering contentions? If so, please:

a. Identify each expert witness who you intend to cresent with respect to each subpart of each such contention;

o. State the substance of the facts to which each expert witness is expected to testify;

c. State the substance of the opinion or opinions to which j each expert witness is expected to testify;

d. Provide a summary of the grounds for each opinion to wnich each expert witness is expected to testify;

e. State whether the facts and opinions listed in response to the foregoing are contained in any document;

f. State whetner the opinion of any expert witness is

based in whole or in part on any scientific rule or principle, and, if so, set forth such rule or princiole; 4

g. State whether the ooinion of any expert witness is cased in whole or in part on any code or regulation, governmental or otherwise, and, if so, identify each such code or regulation and the specific section or portion thereof relied upon; and 4

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n. State wnetner the opinion of any expert ainness is based in whole or in part upon any scientific or engineering book or other publication, and, if so, identify the book or puolication.

4. Do you intend to offer the testimony of any non-expert aitness sich respect to the sneltering contentions to be litigated by tne Attorney. General? If so, please:

a. Identify each non-expert witness who you intend to present with respect to each suboart of each such contention;

b. State the substance of the facts to which each non-expert witness is expected to testify; and

c. State whether the facts listed in resoonse to the foregoing are contained in any document, and produce the same.

5. Identify, as defined in paragraph 4, all experts and other persons you have retained to prepare testimony on the sneltering contentions and all experts and other persons witn snom you have consulted in preparation of any testinony on ene sheltering contentions, whether or not you have decided to introduce such testimony, and for each such person, please:

a. Identify the contention or subpart of the contention on wnich he was consulted, or on which he has or is preparing testimony;

b. State the substance of the facts to which each expert may testify:

c. State the substance of the opinion or opinions to which each expert may testify;

d. Provide a summary of the grounds for each opinion to wnien each expert may testify;

e. State whenner the facts and opinions listed in response to the foregoing are contained in any document; L

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f. . State whether the opinion of any expert is based in whole or in.part.on any scientific rule or principle, a n d ', s if so, set forth sach rule or principle;

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g. . State wnether the opinion of any expert is based in.

1 whole or in part on any code or regulation, governmental'or othewise, and, if so, identify each such code or regulation ~and cne specific section or portion.thereof relied upon; and

n. ' State whether the opinion of any expert is based ini whole.or in part upon any scientific or engineering book or other publication, and, if so, identify the book or puLlication.

6. In accordance with-10 C.F.R. 5 2.740(e), please supplement your~ answers witn respect to sheltering contentions to Massachusetts Attorney General's Interrogatories and~

Requests for Production of Documents, filed March 5, 1987 and'May 19, 1987.

7. State how-and in what manner, if any, your' current' position with respect to sheltering the summer beach population differs from the position articulated in Applicants'  !

prefiled Direct Testimony No. 6 on Sheltering, dated September 10, 1987, and provide, for each specific change in position, the basis for that change, including all

supporting documentation.

8. on p. 3, at 1 2, of the "New Hampshire Response to FEMA Supplemental Testimony" ['NH Response *} it is stated with i l respect to the State's position on sheltering, "This E position does not preclude the State from considering and selecting sheltering as a protective action for the beach population." Please identify and describe:

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a. under wnar conditions the State would consider and mi3nt select sheltering as a protective action for the ceach population;

b. the means by which the beach population will oe instructed to shelter, including any emergency messages;

c. now ne buildings wnich will shelter the beach population will be identified;

d. the specific buildings which will oe relied upon to shelter the beach population;

e. the personnel vno may be employed to assist the beach population in seeking shelter, including the numbers of such personnel who may be available and a description of any training such personnel will receive certinent to that task; and

f. any agreements, understandings, or other connunications with the owners of buildings that may be used as public shelters relating to the owners' consent to use their buildings as puolic shelters in the event of an accident at Seabrook Station.

9. On page 22 of Applicants' Direct Testimony tio. 6 (Sneltering), dated September 10, 1987, it is stated with respect to tne beach population, that:

Sneltering for example may be the appropriate protective action for a puff release -- a gaseous or gaseous and particulate release -- of less than two nours duration. (Manual of Protective Action Guides, U.S. EPA, p. 129.)

Do you still contend that sheltering of the beach population may be the appropriate protective action for a puff release of less than two hours duration?

10. Do you anticipate that there might be circumstances in anien transients with access to transportation would be instructed to shelter?

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11. please define the' term "transient beach. population" as-used

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in the'NH Response, stating wnether the term applies only to day-trippers-to the beach area _or whether it also includes. overnight visitors staying in motels, hotels or rental cottages.

-12. On page 4 of the NH Response it is stated, "The addition of.

o these precautionary measures alleviates most concerns'about sneltering the beach population."

What Scare concerns does it no tL alleviate? -

-13. On p. 4 of cne NH Response it is stated, "These precautionary actions and the State emphasis'on getting the population out early are consistent with actions planned at

- other nuclear power plant sites with transient populations."

a. What are the "other nuclear power plant sites" referred to in the acove sentence?

b. What is the size of the transient populations at these other sites?

c. What are ene evacuation time estinates for the transient populations at these'other nuclear power plant sites?

d. What is the proximity of the transient populations at enese other sites to the nuclear power plant?

e. Is any sheltering.available for the transient populations at these other sites, and, if so, what are the Dose Reduction Factors (DRF) of ensse shelters?

14. On p. 7 of the NH Response, it is stated: "It [the Shelter Study) identified a large number of shelters that may serve as a pool from which public shelter choices will be made."

please answer:

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a. How and when w'ill-such choices be made?

n. 'On what criteria will the choices be based?

15. provide-copies of all draft.or pronosed amendments to she NHRERP concerning protective actions for the beach population enac'the State is presently considering and for each. proposed amendment:

a. state whether the State has uny present incenrion to adopt such amendment; b, describe the steps that must be taken before such amendment is adopt?d;

c. provide the anticipated date by which such amendment

_ will be adopted;

d. state whether there are any considerations against adopting such amendment, and the basis of such considerations; and

e. provide any proposed changes to the draft amendment.

16. Does.che term "beach population" as used in-the NH Response include petmanent residents of the seabrook and Hampton beach area?

17 Do you foresee any situation in which the transient beach

! population would be instructed to evacuate and the residents of the Seabrook and Hamption beach area instructed to shelter?

13. On page 29 of Applicants' Direct Testimony No. 6 it states:

p The result of the residential survey showed that 34 percent of 3,036 residences in Hampton Beach and 51 percent of 758 residences in Seabrook Beach provide casement and masonry sheltering capability.

Ine remaining percentage of residences provide sheltering characteristics at least as effective as that assumed by the NHRERP.

Tne field survey revealed very few wood frame residences that would not meet these sheltering characteristics.

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hA-i Please produce such survey, and all documentation, notes, calculations and. memoranda pertinent thereto, and for.each residence surveyed:

a. provide the address of the residence;

b. indicate the eype of residence, e~g., whether it is an' apartment, house,. condominium, etc.

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c. indicate whether the residence has a basement or masonry sheltering capability;

d. In'dicate whether the residence does or does not "provide sheltering characteristics at least as effective as that assumed by the NHRERP."

19. On'what basis do you contend that the sirens in the beach area, when used in the voice mode to instruct the beach-population, can-be intelligably heard and-understood by all persons in the beach area? Please provide copies of any and all documentation, calculations and analyses including any acoustical tests, that form, or are in any way relevant to, the basis for your response, whether or not it supports your response.

JAMES M. SHANNON ATTORNEY GE!!ERAL ay: '

Carol S. Sneider Assistant Attorney General Department of the Attorney General One Ashburton Place, Rm. 1902 Boston, Massachusetts 02108 (617)727-2265 Date: February 24, 1988 I ..

3 r GEGTED CORTESJl,Ly,qtgj DOCKEiED UNITED STATES OF AMERICA USNAC NUCLEAR REGULATORY COMMISSION 10 R3 29 P3 58 0FFICE U itedtiu v 00CKEiiNG A SERV!Cf.

) BR W H In the Matter of )

)

PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL dAMPSHIRE, ET AL. )

ISaabrook Station, Units 1 and 2) )

)

)

CERTIFICATE OF SERVICE I, Allan R. Fierce, heteby certify that on February 24, 1988, I made scrvice of the within documents:

(1) Attorney General James M. Shannon's Off-Site EP Interrogatories and Request for the Production of Documents to the Applicants (Set 3); and (2) Attorncy General James M. Shannon's Off-Site EP Interrogatories and Request for the Production of Documents ;o the Applicants (Set 3), by mailing copies thereof, posthge prepaid, by first class rail, by Fed?ral Express to those individuals as indicated by *, o- by hand to those individuals as iadicated by **:

Ivan Smith, Chairman Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West highway Bethesda, MD 20814 Bethesda, MD 20814 Dr. Jerry Harbour Sherwin E. Turk, Esq.

Atomic Safety & Licenqing Board U.S. Nuclear 4.0gulatory Commission U.S. Nuclear Regulatory Office of General Counsel Commission 15th Floor - One White Flint North East West Towers Building 11555 Rockville Pike 4350 East West Highway ~,oexville, MD 20852 Bethesda, MD 20814

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H. Josep'h Flynn,'Esq.

• Stephen E. Merrill Assistant ~ General Counsel l Attorney General '

Office-of General Counsel George Dana Bisbee  !

-Federal Emergency-Management

' Assistant Attorney General Agency. Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC.-20472 Concord, NH 03301

, Docket'ing.and. Service Paul A. Fritzsche, Esq.

U.S.-Nuclear Regulatory Office of the Public Advo'cate Commission State. House Station-112 Washington, DC. 20555- Augusta, ME 04333 Roberta-C.-Pevear Diana P. Randall-State Representative 70 Collins Street Town of'Hampton Falls Seabrook, NH 03874' Drinkwater Road

-Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety.& Licensing Jane Doughty Board. Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commirsion Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Nadeau Matthew T. Btock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin As Cannev '

Board of Selectmen City Manager RFD 1, Box 1154 City Hall R '. e . 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gorden J. Humphrey AngeJa Machiros, Chairman U.S. Senate Board ;2 Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Edward G. Molin

- 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 t:.ty Hall (Attn: Herb Boynton) Wewburyport, MA 01950 L

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.V Donald E. Chick' -William Lord

-Town Manager Board of Selectmen

' Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH- 03833 Amesbury, MA 01913-

'Brentwood Board of Selectmen Gary W. Holmes, Esq.

.RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss Department of-the Attorney Suite-430 General. 20011S Street, N.W.

State House Station #6 Washington, DC 20009

' Augusta, ME 04333

• • Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel

• 20 Franklin Street U.S. Nuclear Regulatory Exeter, NJ 03833 Commission Washington, DC 20555 Dr. Emmeth A. Luebke Charles P. Graham, Esq.

5500 Friendship Boulevard McKay, Murphy & Graham Apartment 1923 Old Post Office Squar:

Chevy Chase, MD 100 Main Street Amesbury, MA 01913

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-Judith.H. Mi?.aer, Esq.

^Silvergate, Gertner, Baker, Ti

-j Fine ~, Good &'Mizner

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88 Broad Street Boston, MA- 02110 l

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Allan R. Fierce 'I Assistant ~ Attorney General Nuclear Safety Unit i Department of the Attorney General '

One Ashburton Place Boston, MA- 02108-1698-(617) 727-2220 -

Dated:- February 24, 1988 i