ML20212P292

New England Coalition on Nuclear Pollution First Set of Interrogatories & Request for Production of Documents to FEMA on Rev 2 to Util Radiological Emergency Response Plan.* Related Correspondence

ML20212P292
Person / Time
Site:	Seabrook
Issue date:	03/05/1987
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Federal Emergency Management Agency
Shared Package
ML20212P218	List: ML20212P215 ML20212P238 ML20212P273 ML20212P292 ML20212P320 ML20212P331
References
OL, NUDOCS 8703160058
Download: ML20212P292 (5)

Text

.' !g, k March 5, 1987 UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND~ LICENSING BOARD

)

In the Matter of )

)

Public Service Company of )

New Hampshire, et al. ) Docket Nos. 5 0-443 OL

) 50-444 OL (Seabrook Station, Units 1 & 2) ) CFFSITE EMERCENCY

) PLAlfilING ISSUES

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flew EP:CLAND CCALITION CN NUCLEAR FOLLUTIGN'S FIRST SET OF INTFEFCGATORIES A!!D PECUEST FCR THE FFCDUCTICtl OF ECCUMENTS TC FEMA Ct! EEVISIGN 2 TO THE !.EW HAMFSHIPE FACICLCGICAL EMEPGENCY FEEPCNSE PLAT:

'ntroduction Al t noug h the Federal Emergency Management Acency ( " FEMA") is rot technically'a party to this proceeoinc, it plays a major role in the review and littoation of the emeroency planning process.

The Nuclear Pegulatory Commission ( "!!F C" or " Commission") regula-tions require it to rely on fella for its own findings regarding the adequacy of emergency planning and preparedness. 10 C . F . R . S 50.47(a)(2). FENA's findings constitute " rebuttable presump-tions" in NRC proceedings. Id . A 1980 Memorandum of Understand-ing between FEMA and the NRC further requires FEMA to "take the lead in offsite emergency planning and assess state and local emergency plans for adequacy." 45 Fed. Peg. 82,713 (December 16, 1980). The Memorandum of Understanding also provides that FEMA will make expert witnesses available in NRC proceedings, includ-ing discovery proceedings. Id.

8703160058 870305 3 PDR ADOCK 05 9

~i In light of FEMA's central role in the litigation of emer-gency _ planning at Seabrookk, discovery of FEMA's position on the issues raised-in this litigation and the basis for its-position, including documents and experts it relies on, is essential to meaningf ul participation by the New England Coalition on Nuclear Pollution in this case. Therefore NECNP directs these inter-rogatories to FEMA. Since the Commission is responsible for presenting FEMA's testimony, the interrogatories are being served on the NPC for referral to F EMA.

INSTFUCTIONS FOE USE The.followino interrogatories are to be answered in writing inc ancer oath ty an employee, terresentative or acent of FEPA with personal knowlecce of the facts or intorration reouested in sach interrogatory. ile reminc you of your obligation to supple-

ent answers to interrogatories, unce r 10 C . F.B . S 2. 740(e) .

The following detinitions shall apply to these inter-rogatories:

1) "cocument" shall mean any written or graphic matter of communication, however produceo or reproduced, and is intended to be comprehensive and include without limitation any and all cor-respondence, letters, telegrams, agreements, notes, contracts, instructions, reports, demands, memoranda, data, schedules, notices, work papers, recordings, whether electronic or by other means, computer data, corputer printouts, photographs, microfilm, microfiche, charts, analyses, intra-corporate or intr a-o f fice A

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.. - c, , *-

3-communications, notebooks, diaries, sketches, diagrams , forms, manuals, brochures, lists, publications, drafts, telephone minutes, minutes of meetings, statements, calendars, j ournals, ,

orders, confirmations and all other written or graphic materials of any nature whatsoever.

2) " Identify" with respect to any document shall mean to state the following: the document's title, its date, the author of the document, the person to whom to document was sent, all

, persons who recetved or revieweo the document, the substance and r.ature of the document, ano the present custodian of the document anc of any and all copies of the document.

3) "Id en t i f'/" w t tn r espect to any action or conduct shall ean state the following regarding any such action or conduct:

ine perscn or persons proposing anc taking sucn action; the cate such action was proposec anc/or taken; all persons with knowl edge-cc information about such action; the purpose or proposed effect of such action; and any document recording or documenting such action.

4) " Describe" with respect to any action or matter shall mean state the following regarding such action or matter: the substance or nature of such action or matter; the persons partic-ipating in or having knowledge of such action or matter; the cur-rent and past business positions and addresses of such persons; and the existence and location of any and all documents relating to such action or matter.

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5) " Identify" with respect to an individual shall mean state the individual's name, address, employer, occupation, and title.

INTEFFOGATORIES

1) In accordance with 10 C.F.R. 5 2.740(e), please supple-nent your answers to NECt:F's First Set of Interrogatories and Requests for the Production of Documents to the Federal Emergency Management Agency, filed April 30, 1986.

2) Uhat is EEMA' s position on each each of the conten-

-ions that have been aomitted in this proceeding with respect to revision 2 of the !;ew flampshire Paoiological Emeroency Pesponse Plan? What is the casis for your position?

3) Please identify anc produce at the of fices of !!a rmon &

heiss, on or bef ore :'a rch 19, 1967, all documents on which you rely or intend to rely during this proceeding to support your position on each of the contentions that have been admitted in this proceeding with respect to Revision 2 of the New Hamp shire Fadiological Emergency Response Plan. This includes but is not limited to all documents used in answers to these inter-rogatories, summary disposition motions, testimony, and cross-examination of witnesses during hearings.

4) Please ioentify and produce at the of fice of Harmon &

heiss on or before Ma rch 19, 1987, copies of all documents in which FEMA or its contractors has assessed the adequacy of the New Hampshire RERP with respect to any of the issues admitted for litigation by the Licensing Board's order of February 18, 1987.

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5) Please identify all persons on whose factual knowledge, opinions, or technical expertise you rely or intend to rely for your position on each of the contentions that have been admitted in this proceeding with respect to Bevision 2 of the New Hampshire Radiological Emergency Pesponse Plan.

6) Please identify all FEMA personnel or contractors who may testify as witnesses on each of the contentions that have been admitted in this proceeding with respect to Revision 2 of the New flampshire Padiological Emergency Response Plan. Please cescribe the substance of their testimony; and identify and viescribe any documents and the portions thereof that they may rely on for their testimony.

Fesnectfully submitted, (f

ciane Curran PARMCN & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009 (202) 328-3500 Ma rch 5,1987 I certify that on March 5, 1987, copies of the foregoing interrogatories were served by Federal Express or by hand on FEMA, the NRC Staff, the Executive Director for Operations, the Licensing Doard, the State of New Hampshire, and Applicants; and by first-class mail on all other ties listed on the attached service list. ,

fJ -

Diane Curran

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