ML20212P273

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

ML20212P273
Person / Time
Site:	Seabrook
Issue date:	03/05/1987
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	NRC, NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20212P218	List: ML20212P215 ML20212P238 ML20212P273 ML20212P292 ML20212P320 ML20212P331
References
OL, NUDOCS 8703160051
Download: ML20212P273 (6)

Text

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March 5,1987 UNITED STATES NUCLEAR FEGULATOPY COMMISSICH BEFORE THE ATCMIC SAFETY AND LICENSING EOARD

)

In the Matter of )

)

Public Service Company of )

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

) 50-444 OL (Seatrook Station, Units 1 & 2) ) OFFISTE EMEPGENCY

) PLANNING ISSUES

)

t;EW ENGLAND CCALITION CD NUCLEAP PCLLUTION'S FIDST SET OF INTERFCCATCRIES AND PEQUEST FCR Ti!E FPCCUCTICH CF ECCCt'ENTS TO THE NEC STAFF AND T!!E EXECUTIVE DIFECTCF FOR CPERATICNS l CN PEVISICN 2 TO THL' NEW IIAMPSiiIPE PADIOLCGICAL EMEPGEt!CY PESPONSE PLAN

ntroduction The t;ew Encland Coalition on Nuclear Pollution ("NECNP")

.ubmits the following interrogatories ano requests for the pro-

uction ot documents to the Executive Director ano the NFC Staf f.

The requests for production of oocuments are submitted to the NBC Staff and the Executive Director for Operations pursuant to 10 CFR 5 2.744.

The interrogatories are being filed with the Licensing Board pursuant to 10 C.F.R. S 2. 720( h) (2 ) (ii) . NECNP requests that the Licensing Board find that answers to these interrogatories are necessary to a proper decision in this proceeding and that ans-wers to the interrogatories are not reasonably obtainable from any other source. These interrogatories seek to discern the position that the Staf f will take in hearings on the adequacy of the New Hampshire Radiological Emergency Response Plan, and the 3703160051 B70305 DR A OCK O 4j3

. basis for their position. As the agency's representative in this-proceeding, the Staf f takes an extremely important role in the litigation of the safety issues that are before the Licensing Board.

In its answer to NECNP's first set of interrogatories on the New Hampshire plans, dated May 13, 1986, the NRC Staf f informed NECNP that it had not developed any positions that were different f rom those of the Federal Emergency Management Agency (" FEMA"),

which is the NBC's chief witness in the emergency planning pro-ceeding. NECNF has served interrogatories on Fevision 2 on FEMA through the hPC Staf f.1 Nevertheless, interrogatories against tne NPC Staff are necessary to determine wnether the NBC Staff's posttion on the issues under littgation differ f rom F EMA's , and to aiscover any information in the Staff's possession that is not also in FEMA'c possession.

INSTP.UCTICNS FGP USE The f ollow ing interrogatories are to be answered in writing and under oath by an employee, representative or agent of the NRC Staff with personal knowledge of the tacts or information requested in each interrogatory. We remind you of your obliga-tion to supplement answers to interrogatories, under 10 C .F.R. S 2.740(e).

1 Although it is not compelled to answer NECNP's interrogatories under the NBC's rules, FEMA has in the past agreed to answer interrogatories that were similar to the ones filed today.

Should FEMA refuse to answer these interrogatories, NECNP would seek an order f rom the Board requiring the NBC Staf f to answer them pursuant to 10 CFR S 2.70(h)(2)(ii) .

.- l The following cefinitions shall apply to these inter-rogatories:

1) "cocument" shall mean any written or graphic matter of communication, however produced 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, comp uter pr intouts, photographs, microfilm,

.T. i c r o f ic h e , charts, analy ses , intra-corporate or intra-office c ommu n i ca t t o n s , notecooks, c iaries, sketches, ciagrams, forms, manuals, brochures, lists, r.uc licat ions , d ra f ts, telephone T i nutes , tinutes a t .Teetincs , statenents, calendars, Journals, Jrcers, confirmations and all other written or graphic naterials of any nature wnatsoever.

2) " Identify" w ith 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 receiveo or reviewed the document, the substance and nature of the document, and the present custodian of the document and of any and all copies of the document.

3) " Identify" with respect to any action or conduct shall mean state the following regarding any such action or conduct:

the person or persons proposing and taking such action; the date such action was proposed and/or taken; all persons with knowledge or information about such action; the purpose or proposed effect

6-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.

5) "Identi f y" w ith respect to an individual shall mean state the individual's nane, acdress, employer, occupation, and zitle.

"hTERPCGATOFIES

1) In accordance with 10 C . F . E . 5 2. 74 0(e) , please supple-cent your answers to NECNF's Fir st Set of Interrogatories and Requests for the Production of Cocuments to the NPC Staf f on New Hampshire Radiological Emergency Kesponse Plans, filed April 3 0, 1986.

2) What is the NBC Staf f's position on each of the conten-tions that has been admitted in this proceeding with respect to Revision 2 of the New Hampshire Radiological Emergency Pesponse Plan? What is the basis for your position?

3) Please identify all documents on which you rely or intend to rely curing this proceeding to support your position on each of the contentions that has been admitted in this proceeding with respect to Revisicn 2 of the New Hampshire Radiological

5-Emergency Response Plan. This includes but is not limited to all documents used in answers to these interrogatories, sunmary dis-position motions, testimony, and cross-examination of witnesses during hearings.

For any such documents that are not available to the public pursuant to 10 C .F.R. S 2.790, NECNP requests that the EEO pro-duce those documents at the offices of Harmon & heiss on or before March 19, 1987.

4) Please identify all documents not identified in response to the previous inter rogatory whicn analyze or evaluate in'any way the adequacy ot the New Hampshire FEPP or New Hampshire's state of prepareoness in the event of a radiological emergency. In so coina, please state whether these accurents are available to the public pursuant to 10 C.F.P. S 2.790.

For any such cocurents that are not availaole to the public pursuant to 10 C . F.R. S 2.790, UECMP requests that the EDO p ro-duce those documents at the of fice of Harmon & Weiss on or before March 19, 1987.

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 has been admitted in this proceeding with respect to Revision 2 of the New Hampshire Radiological Emergency Response Plan.

6) Please identify all persons you may call as witnesses on each of the contentions that have been admitted in this pro-ceeding with respect to Revision 2 of the New Hampshire

Radiological Emergency Response Plan. Please describe the sub-stance of their testimony; and identify and describe any docu-ments and the portions thereof that they may rely on for their

-testimony.

Respectfully submitted, Diane Curran HARMCN & WEISS 2 0 01 "S" S t r eet - N. W. Su ite 4 30 Washington, D. C . 20009 (202) 328-3500 Ma rch 5, 1987 I certify that on Ma rch 5, 1987, copies of the foregoing interrogatories were servea by Federal Express or by hand on the NBC Staff, the Executive Director - for Gperations, the Licensing Goard, the State of New Ha rtp s h i r e , FEMA, and Applicants; and by

'irst-class nail on all other parties listed on the attachec ser-vice list. .

f _-

Clane Curran i

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