ML20206M927

Town of West Newbury Response to NRC Staff Motion to Compel Answers to Interrogatories & Production of Documents by Town of West Newbury.* Certificate of Svc Encl

ML20206M927
Person / Time
Site:	Seabrook
Issue date:	11/22/1988
From:	Mizner J WEST NEWBURY, MA
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#488-7553 OL, NUDOCS 8812020074
Download: ML20206M927 (9)

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. _YY CgEi,EO November U22, 1988 UNITED STATES OF AMERICA  !

NUCLEAR REGULA."ORY COMMISSION, < '

ATOMIC SAFETY LICENSING BOARD 5 -

• In the Matter of )

) Docket No. 50-443-OL PUBLIC SERVICE COMPANY OF ) Docket No. 50-444-OL NEW HAMPSHIRE, 31 al. ) (Off-site EP)

(Seabrook Station, Units 1 and 2 )

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TOWN OF WEST NEWBURY'S RESPONSE TO NRC STAFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS BY THE TOWN OF WEST NEWBURY The Town of West Newbury (TOWN) filos the following responso to the Staff's motion to compel further answers to interrogatories and for the production of documents.

TOWN provided what the Staff terms partial answers to the interrogatories. TOWN submits that it has made a good faith effort to respond fully to what it believed to be the nonobjectionable requests by the Staff, and that the Staff has perhaps misconstrued some of TOWN's responses in characterizing those responses as ovasivo -- a charactorization which TOWN disputes.

! Responso to Motion to Coppel Production of Documents at the Office of the General Counsol of the NRC TOWN's objection to the production of documonts at the offices of the Staff as unduly burdensomo was based on the burdon of duplicating such documents for production to the entiro l service list. Without waiving that objection, TOWN is providing

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the Staff with a copy of the document referred to in its answer to interrogatory 1, and will provide the Staff with copies of any additional documents responsivo to its diccovery requests.

Engponse to Motion to comnel Answers to Specific Interrocatories A. General Resnonso concernino Overbreadth and Undue Durden TOWN has objected to a number of the interrogatoriec as overbroad and unduly burdonsome. The Staff's interrogatorios request jnformatJon concerning not only TOWN documents, personnel and resources, but also concerning documents, personnel and resources of all other intervonors. TOWN doet, not have the information concerning documents, personnel and resources of all other intervonors in its possession, and objects to requiring TOWN to affirmatively sock to obtain and reproduce such information as overbroad and unduly burdensomo in light of the

fact that the interrogatories have also boon aduressed directly to the other intervenors -- those with first hand information, I and the fact that TOWN is a small municipality with limited

[ resources. TOWN has responded to the interrogatorios with the information requestod insofar as it concerns TOWN, and submits i that that is all it should bo required to do.

B. Interrocatory 1 i 1. At the timo of TOWN's responso, the Savoro Storms t

l Emergency Responso plan was the only document prepared by TOWN concerning omorgencios of which TOWN was aware. The responso noted that the plan had boon approved by the Board of Selectman

only as a point of information. TOWN is not concealing unapproved plans. Since the filing of TOWN's initial responso, counsel has been advised by the Staff that tno Applicant has received from the commonwealth of Massachusetts a document entitled Wost Newbury Comprehensivo Emorgency Managemont Plan.

TOWN has not located a copy of that document in its possession, and bolloves that it was compiled by the Commonwealth of Massachusetts on the b, sis of information provided by TOWN to the Commonwoalth. TOWN did not retain a copy of the information so provided to the Commonwealth. TOWN has contacted the Commonwealth of Massachusotts concerning that document and will obtain and provido a copy to the Staff next wook.

2. TOWN's objection to 'nterrogatory 1 as overbroad and unduly burdensome is based on the intorrogatory's socking to obtain from TOWN the production of documento prepared by other inte rvonors . The Staff addressed this samo interrogatory to all intervonorn; it can obtain the documents prepared by other intervonore directly from them. TOWN is not in possesulon of plans prepared by other intervonors, with tho exception of the drafts of emorgoney responso plans provided to the TOWN by tho 1

applicants prior to TOWN's withdrawal from omorgency planning.

On information and belief, thoso documents are already in the possession of the Staff. TOWN maintains that it is unduly j burdensomo and overbroad to requiro TOWN, which is a small l

municipality with limited resources, to investigate the actions i

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of other intervenors and to obtain all documents prepared by other intervenors in order to copy them for the Staff when the Staff can obtain them directly from the other intervonors.

C. Interroaatory 2 Interrogatory 2 refers to each document set out in response to interrogatory 3 and asks for a description of the functions of personnel with regard to each such document. TOWN is providing the Staff with a copy of the document; the document will set forth the functions of personnel required by the plan.

D. Interrocatory 3 See Responses to Interrogatory 1 and 2, suora. In addition, TOWN states that it has responded substantively to interrogatory 3 concerning the training of TOWN personnel and has no knowledge of the training of personnel of other intervonors.

E. Interroaatory 15 TOWN is not prosently aware of provisions of fodoral or stato law which either preclude or permit activation of the EDS at the discretion of management of radio or television stations.

See also, responso to interrogatories 18-20, infra.

F. Interrocatories 17-20 With respect to Interrogatory 17, TOWN is providing the Staff with a copy of the document referred to in Interrogatory 1.

With respect to Intorrogatories 18-20, the Staff's contention that it is not socking TOWN's legal conclusions or work product cannot withstand scrutiny. To answer thoso

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• e interrogatories would clearly require TOWN to conduct legal research and then determine which, if any, of the laws researched would, in TOWN's opinion, portain to actions which state or local officials might or might not take under certain circumstances. j TOWN has not conducted the legal research necessary to answer the ,

interrogatories. As set forth in TOWN's initial response, the Staff has greater capacity to conduct the legal research necessary to answer these questions than does TOWN. Moreover,  ;

TOWN submits that it is impropor to require TOWN to conduct that extensive independent research. [

TOWN further answers that it believes that the contentions challenging the SPMC's legal authority are those sponsored by the Commonwealth of Massachusotts and NECNP, not TOWN. The legal support relied on by TOWN for challenging th9 SPMC has been identified by TOWN in its contentions and is derived from Commission regulations and NUREG 0654. ,

i G. Jnterrocatories 23 and 24 TOWN has answered that it has not conducted any of the ,

studies requested in interrogatories 23 and 24 and, thorofore, has no such information to provido. TOWN has no first hand knowledge of the studies conducted by other intervonors. For tho

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reasons set forth abovo in paragraphs A and B, TOWN objects to

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the imposition of a duty to investigate what other intervenors have done as unduly burdonsomo. ,

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H. Interroaatory 25 See response to Interrogatories 18-20.

I. Interroaatory Rg TOWN has answorod that it has not conducted any of the studies requested in interrogatory 26 and, therefore, has no such information to provido. For the reasons set forth above in paragraphs A and B, TOWN objects to the imposition of a duty to investigate what other intervonors have done as unduly burdensome. TOWN further states that it is aware that sirens have been the subject of litigation in the onsite proceedings in which the Staff, but not TOWN, has been a participant. Documents relevant to this interrogatory may have been filed in those proceedings and, on information and belief, are already'in possession of the Staff.

J. Interroaatory 27 TOWN has set forth its knowledge of all sirons or other means of emergency communication within TOWN. TOWN is not aware of what sirens or other means of emergency communication are possessed by other intorvonors or in the Soabrook EPZ generally.

TOWN is aware that issues involving sirons and other means of l emorgency communications are being litigated in the onsito I

proceedings and that documents filed in those procoodings, which,

) on information and bellof, have boon sorved on the Staf f, may be relevant. TOWN has not reviewod those documents to the extent l that it can make that dotormination of relevanco, since it is not I

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l' participating in those proceedings. For the reasons set forth above in paragraphs A and B, TOWN objects to the imposition of a duty to investigate the sirens or other means of emergency communications possessed by other intervenors or in the Seabrook EPZ generally as unduly burdensome.

K. Interrocatory 28 See paragraph A and response to Interrogatory 1.

Dated: November 22, 1988.

Submitted by:

_/ f &/4 s Uudith H. Mlzner Counsel, Town of West Newbury a

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' o ;ip CERTIFICATE OF SERVICE '6 I, Judith 11. tilzner, Counsel for the Town f West Newbury in the above-entitled action, hereby certify th i have caused 63:otTJh23 P4 :19 of the enclosed documents to be served i the persons at the addresses listed below, by first class, satage prepaid, mail and by Federal Express, postage prepaid, mail to thone names s I,4'$ r, ~

which have been marked with an asterisk. .m

• Admin. Judge Ivan W. Smith

• Judge Gustavo A. Linenberger, Jr.

Chairman, Atomic Safety and Atonic Safety and Licensing Board Licensing Doard U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

• Dr. Jerry liarbour

• Docketing and Service Atomic Safety and Licensing Board U.S. Nuclear Regulatory Conmicsion U.S. Nuclear Regulatory Connission 1717 11 Street Washington, D.C. 20555 Washington, D.C. 20555

• Thomas G. Dignan, Esq. A.S.L.A.B. Panel Ropes and Gray U.S. Nuclear Regulatory Commission 225 Franklin Street Washington, D.C. 20555 Boston, MA 02110 Diane Curran, Esq. Stephen B. tie r r i l l , Esq.

Ilarmon, Curran & Tousley Attorney General 2001 S. Street !!.U. Office of the Attorney General Suite 430 concord, Nil 03301 Washington, D.C. 20009-1125 Sherwin E. Turk, Esq. Robert A. Dackus, Esq.

Office of General Counsel 116 Lowell Street fluclear Regulatory Commission P.O. Box 516 Washington, D.C. 20555 11a nche s te r , Nil 03105 Philip Ahrens, Esq. Paul !!cEachern, Esq.

Asst. Attorney General Shaines & ttcEachern Office of the Attorney General 25 !!aplewood Avenue Augusta, itE 04333 Portsmouth, till 03801

!!r s . Sandra Gavutis The lionorable Gordon J. Ilumphrey Chairman United States Senato Board of Selectnen Washington, D.C. 20510 Kensington, Nil 03027 Mr. Thomas Powers  !! . Joseph Flynn, Esq.

Town ttanager office of General Counsel Town of Exeter Federal Energency itanagement Agency Exotor , Nil 03833 Washington, D.C. 20472 1

\

Gary llolmes, Esq. Stephen Jonas, Eng.

llolmes & Ells Assistant Attorney General 47 Winnacunnet Road Office of the Attorney General llampt on , Nil 03041 Doston, f1A 02108 tir. Calvin A. Cannoy Charles P. Graham, Esq.

City rinnager f1urphy and Graham City !!all 33 Low Street Portsnouth, Nil 03001 tiewbu rypor t , !!A 01950 Darbara Saint Andre, Esq.  !!r. William Lord Kopelman & Paige Selectman 77 Franklin Street Board of Selectmen Bos t on , 11A 02110 Amesbury, MA 01913 Drentwood Board of Selectmen Richard A. !!ampe, Esq.

PFD Dalton Road, llampe T. Mc!iichol a s Drentwood, Nil 03833 35 Pleasant Street Concord, N!! 03301 fir . Robert Carrigg, Chairman R. Scott lilli-Whilton, Esq.

Doard of Selectmen Lagoulis, Clark, Ilill-Uhilton Town Office & ticGuire North flampton, Nil 03862 79 State Street tiewburyport, 11A 01950 Robert R. Pierce, Esq. Mr. Richard R. Donovan Atomic Safety and Licenr.ing Federal Emergency Management Agency Doard Panel Federal Regional Center U.S. Iluclear Regulatory Comm, 130 228th Street, S.U.

Washington, D.C. 20555 Bothell, Washington 90021-9796 Signed under seal this 22nd day of November, 1900.

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'D ud i t h 11. Hizner 2

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