ML20238D153

Forwards Documents Belonging to Categories 2 & 3 & Draft Testimony Prepared for Presentation Before Congressman Markey Subcommittee.Documents in Category 1 Will Still Be Withheld.W/O Encls.Related Correspondence

ML20238D153
Person / Time
Site:	Seabrook
Issue date:	12/24/1987
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Dignan T, Trafficonti J MASSACHUSETTS, COMMONWEALTH OF, ROPES & GRAY
References
CON-#188-5247 OL, NUDOCS 8801040124
Download: ML20238D153 (1)

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00CKETiNG A SEkvi John Trafficonti, Esquire Thomas Dignan, Esquire BRANCH Office of the Attorney General Ropes & Gray One Ashburton Place, 19th Floor 225 Franklin Street Boston, MA 02108 Boston, MA 02110 In the Matter of Public Service Company of New Hampshire, et al.

(Seabrook Station, Units 1 and 2)

Docket Nos. 50-443, 50-444 (Offsite Emergency Planning)0[

s Gentlemen:

As I indicated in my telephone conversations with each of you yesterday, I have been informed by Joseph Flynn, Esq., Counsel for FEMA, that FEMA has determined to waive its deliberative process privilege with respect to the documents I identified as belonging in categories 2 and 3 (Tr. 8343-8355). As I further informed you, despite my assertion of attorney work product privilege with respect to the three factual memos prepared at my request for use in this litigation, I have determined to produce those documents in light of the " good cause" assertions which you raised before the Licensing Board.

Accordingly, enclosed are copies of all the documents I identified as belonging in categories 2 and 3, apart from my telephone conversation notes of July 31, 1987 and the draft testimony prepared for presentation before Congressman Markey's subcommittee -- which documents you have each agreed need not be produced. I am also continuing to withhold all docu-ments identified as belonging in category 1 (Tr. 8340-8343), which I understand you have agreed need not be produced.

This determination to produce the enclosed documents should not be deemed to constitute a waiver of privilege with respect to any other documents which may be created or requested in the future.

Sincerely, gi f -/wl Sherwin E. Turk Senior Supervisory Trial Attorney cc w/out encl.: Service List O fCK0500E43G71224