ML20206G903

Applicant Answer in Opposition to New England Coalition on Nuclear Pollution (Necnp) Motion to Compel Answers to Necnp First Set of Interrogatories & Request for Production of Documents....* W/Certificate of Svc.Related Correspondence

ML20206G903
Person / Time
Site:	Seabrook
Issue date:	04/08/1987
From:	Lewald G PUBLIC SERVICE CO. OF NEW HAMPSHIRE
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-3055 OL, NUDOCS 8704150194
Download: ML20206G903 (9)

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, , ggg g Q ESP TGEftC' 000KETED USNRC Dated: April 8, 1987

'87 APR 13 p4 :j7

UNITED STATES OF AMERICA ,

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NUCLEAR REGULATORY COMMISSION OhIdag.YSj".l '

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before the ATOMIC SAFETY AND LICENSING BOARD j

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency

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

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i APPLICANTS' ANSWER IN OPPOSITION TO

' "NEW ENGLAND COALITION ON NUCLEAR '

POLLUTION'S MOTION-TO COMPEL ANSWERS TO NECNP'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO 3 APPLICANTS ON REVISION 2 TO NHRERP" New England Coalition on Nuclear Pollution ("NECNP"), in I

its motion datec .hrch 27, 1987, requests that this Board j order Applicants to provide answers or further answers to Interrogatories 2, 7, 10, 11, 14, and 15 propounded by NECNP.

Interrogatory 2 requests Applicants' position on each contention relating to NHRERP Revision 2 ("NHRERP 2") that has been admitted by the Board. NECNP contends that- --

Applicants' Interrogatory 2 answers limited to NECNP l

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O contentions and those of other Intervenors in which the Board has permitted NECNP to join, do not satisfy 10 CFR 2.740(b)(1).

Prescinding from whether NECNP correctly reads the -

Commission's Practice Rules, Applicants, in further answer -

to NECNP Interrogatory 2 as to their position on each Intervenor NHRERP 2 contention, incorporate herein by reference their positions as pleaded in Applicants' Motions for Summary Disposition of March 25, 1987, with supporting Affidavits and Statements filed in respect to each of the NHRERP 2 contentions admitted by the Board, copies of which were served on NECNP on March 25, 1987, by overnight express mail. .

Interrogatory 7. NECNP contends that in response to Interrogatory 7 inquiring as to who participated in the development and drafting of NHRERP 2, Applicants' Participant Schedule (7.1) fails to give individual company l

titles in addition to company affiliations. Irrespective of l whether participants' titles are made known elsewhere in

, answers to NECNP interrogatories, Applicants resubmit Schedule 7.1 with participants' titles herewith. l l

Interrogatories 10 and 11. Interrogatory 10 seeks an identification, description and production of any communications or agreements between the Teamsters Union and l

its member drivers regarding NHRERP 2. Interrogatory 11 requests copies of regular employment contracts of drive [s

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in the Teamsters Union who will be relied on during a radiological emergency.

Applicants read Interrogatories 10 and 11 as seeking

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individual Teamster Union driver " Letters of Agreement"- and associated materials and object to the interrogatories as -

calling for information beyond the scope of litigable issues under the law of the case as developed in Board decisions.

See, e.g., ASLB Memorandum and Order of April 29, 1986 at 19 (Town of Kensington Contention 6) and at 33 (Town of South Hampton Contention 3); ASLB Memorandum and Order of May 21, 1986 at 6 (Seacoast Anti-Pollution League ("SAPL")

Contention 8A); ASLB Memorandum and Order of November 4, 1986 at 5-6; and ASLB_ Memorandum and Order of February 18, 1987 at 4 (SAPL Contention 15.).

NECNP contends in its motion to compel that the interrogatories have a wider purpose. Whatever the case, while Applicants stand on their objections to the interrogatories as propounded, NECNP is advised that Applicants have no Teamster contracts in their custody or possession.

Interrogatories 14 and 15. NECNP's instant motion to compel contends, inter alia, that Interrogatory 14 seeks

Applicants' calculations of dose savings from the range of accidents considered in developing NHRERP 2 and that Interrogatory 15 seeks Applicants' calculations (and their bases) of potential dose consequences to the public in the 1

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event of a radiological emergency at Seabrook. Actually NECNP Interrogatory 14 asks something quite different:

14. Assuming that dose reductions are achieved, describe the health effects

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associated with each of the accidents -

that you considered in developing Revision 2 to the RERP. .

What NECNP's motion to compel seemingly intends to address i

is Applicants' answers to Interrogatories 13 and 15.

Apparently NECNP is satisfied with Applicants' answer to Interrogatory 14 which incorporates their response to Interrogatory 13.

But just what relief NECNP seeks of the Board in regard to Applicants' answers to Interrogatories 13-15 is far from clear. Applicants have in essence objected to each of these interrogatories for reason that the information (i.e.

calculations) sought concerns matters beyond the purview of NRC emergency planning regulations. Because of this, NECNP is advised in the answers that the materials looked for have never been generated. More complete responses to these interrogatories would be difficult to imagine. Yet, NECNP i continues to press for additional answers.

1 Wherefore, Applicants say New England Coalition on Nuclear Pollution's Motion to Compel Answers to NECNP's First Set of Interrogatories and Request for Production of Documents to Applicants on Revision 2 to NHRERP, directed to Applicants' responses to Interrogatories 2, 7, 10, 11, 14, t

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3 and 15 should be denied for reason of mootness and groundlessness.

By their attorneys,

, ,,2 G a !b - L .

ThomaY G. Dignan, Jr.

George H. Lewald -

Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 4

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ATTAC15 TENT 7-1 PERSONNEL ASSISTING NHCDA WITH DEVELOPMENT CF REV. 2 0F THE NHRERP New Hampshire Yankee interstate Technical Services Inc. P.O. Box 300 ALLCOMM Rgute 32 P.O. Box 901 Seabrook, NH 03874 ,

Nashua, NH 03061 Homectead Higway S= nzey, NH 03431 '

Callendrello A.- Preparedness Chetwynd S. - Graphic Artist Harpater T.L.

Catapano, G. - President Mankow, J. -

-Di[anningoYDnergency P

Crawford, S. - Field Engineer Salth L. - Staff Liason Schneider Impell Corporation EC Planning and Management Services 225 Broad Hollow Road Melville. NY 11747 Riverside Office Center 3 BMC Strategies 2101 North Front Street 1C26 Mass. Avenue Suite 11 Bisson, J. - Emergency Planner Harrisburg, PA 17110 L xington, MA 02173 Capone, P. -

- Project m nager Baer, J. - Sr. Dnergency Planner Chin, D.

Thurler K. - Public Relation Chu, S. - Dnergency Planner Dunlap, W. - Emergency Planner Consultant Conklin, C.- Word Processor Dunn. D. -

Cotter, T. - Technical Supervisor Enoch, J. -

Ebarco Services Inc. Frechette P.- Dnergency Planner Hetzer, B. -

Hanson, S. - Word Processor Lloyd, C. -

Elvirosphere " "

Krasner, K.- Dnergency Planner Long, J. -

160 Chubb Avenue Musico, B. -, " " Steele. T. -

Ly;dhurst, NJ 07071 Starkman, C. - " " VonWald, K. - " "

Weber, R. - Technical Supervisor Filipowicz, D. - Licensing Engineer Kollar, W. - Tech. Aide Wi1Iant. G. - Emergency Planner KLD Associates P.O. Box 2325 300 Broadway Boston, MA 02107 HMM 336 Baker Avenue Huntington Station, NY 11746 Ahern. D. - Project Controls Specialist C:ncord, MA 01742 Leiberman, E. - Vice President County, E. - Word Processor Fairclough, D. - Editor / Writer Berens, R. - Sr. Acoustical Eng'r. " "

Smallcomb. J. -

Lischinsky, L.- Emergency Planner NH Civil Defense Agency Walker, A. - l'tinager McCandless, S.- Vice President State Office Park South Rainey, J. - Dnergency Planner 107 Pleasant Street Young. L. - Editor / Writer Renz, W. - Sr. Dnergency Planner Concord, NH 03301 Sinclair, M. - Emergency Planner C/LS1244 Swiren, B. - Sr. Dnergency Planner ennvan. G. - Planner 8 -

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00LFEIED USNRC CERTIFICATE OF SERVICE l

I, Kathryn A. Selleck, one of the attorneys for th47 AR113 P4 :17 Applicants herein, hereby certify that on April 8, 1987, I

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madeserviceofthewithindocumentbymailingcopies[0 thereof, postage prepaid, to: b BRANCH i Administrative Judge Helen Hoyt, Stephen E. Merrill, Esquire  !

Chairperson Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Judge Gustave A. Linenberger, Jr. Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen . Andrea C. Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W. l Washington, DC 20009 Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel - Office of the Executive Legal  !

U.S. Nuclear Regulatory Director  !

Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J. P. Nadeau ,

Assistant Attorney General Selectmen's Office l Department of the Attorney 10 Central Road l General Rye, NH 03870 Augusta, ME 04333 1

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Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O. Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager -

RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senater Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen s (Attn: Tom Burack) Town of Newbury c Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Thomas F. Powers, III. Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.

Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Es' quire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109

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, Charles P. Graham, Esquire ,

McKay, Murphy and Graham {

100 Main Street  !

Amesbury, MA 01913 Kath2/yn A. Selleck -

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