ML20008E392
| ML20008E392 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/21/1980 |
| From: | Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8010270513 | |
| Download: ML20008E392 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION 4
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ro before the ATOMIC SAFETY AND LICENSING APPEAL 30ARD
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In the Matter of
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P03LIC SERVICE COMPANY OF NEW
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Docket No. 50-443 HAMPSHIRE, et al.,
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50-4t4
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(Seabrook Station, Units 1 & 2)
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RESPONSE OF THE PERMITTEES TO THE REQUEST THAT DR. TRIFUNAC BE CALLED AS A BOARD WITNESS Public Service Company of New Hampshire (PSCO) on behalf of itself and its joint owners responds to the NECNP request that Dr. Trifunac be called as a board witness as follows:
In its request, NECNP characterizes the attitude of Dr. Trifunac in this matter as follows:
"Since presenting that testimony several years ago, Dr. Trifunac has become a consultant to the Advisory Committee on Reactor Safeguards with respect to these issues.
He has informed NECNP that he has, in that capacity, consulted with the ACRS on the question of seismic hazards at the Seabrook site itself.
As a result, in order to protect his own scientific integrity and the collegial nature of the ACRS, he does not wish to testify on behalf of any adversary parties to NRC proceedings.
Instead, he would 9503 8010270518 h
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prefer to be called by the Board itself and to provide his testimony in the spirit of assist-ing the Board in achieving scientific _objectiv-ity and a complete record rather than in the-adversary spirit inherent in appearing on behalf of one of the parties."
NECNP Memo at 3.
Whatever his wishes or regrets presently, the fact is that Dr. Trifunac has testified in an adversary role in this very proceeding.
His new' role at ACRS cannot change this bit of history.
If he is to ccme on at this time as a Board witness, NECNP will undoubtedly argue that they have the right to cross-examine (complete with leading questions) NECNPds former expert.
This being the case, and at the same time fully recognizing that the resolution of this request is essentially one committed to the sound discretion of the Appeal Board, PSCO states that it would object to Dr. Trifunac being called as a Board witness unless it is specifically understood that:
1.
The fact that Dr. Trifunac is called as a Board witness will affect no abridgment of PSCO's rights and manner of cross-examination as to his direct testimony; 2.
NECNP will-have no right of cross-examination and will be assigned the task of protecting Dr. Trifunac l
while he undergoes cross-examination by PSCO and the staff.
Respectfully submitted,
-Thomas G.'Dignan,~Jr.
R. K. Gad III Thomas G. Dignan, Jr.
lR. K. Gad III L
Ropes & Gray Attorneys for Permittees.
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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the applicants herein, hereby certify.that on October 21, 1980, I made service of the within document by mailing copies thereof, postage prepaid, first class or airmail, to:
Alan S. Rosenthal, Chairman Ellyn R. Weiss, Esquire Atomic Safety and Licensing Harmon & Weiss Appeal Board Suite 506 U.S. Nuclear Regulatory Commission 1725 I Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20006 Dr. John H. Buck Robert A. Backus, Esquire Atomic Safety and Licensing O'Neill Backus Spielman Appeal Board 116 Lowell Street U.S. Nuclear Regulatory Commission Manchester, New Hampshire 03105 Washington, D.C.
20555 Office of the Attorney General Ms. Elizabeth H. Weinhold Commonwealth of Massachusetts 3 Godfrey Avenue One Ashburton Place Hampton, New Hampshire 03342 Boston, Massachusetts 02108 Atomic Safety and Licensing Edwin T. Reis, Esquire Soard Panel Assistant Chief Hearing Counsel U.S. Nuclear Regulatory Office of the Executive Legal Commission Director Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Office of the Attorney General 208 State House Annex Concord, New Hampshire 03301 Thomas G.
Dignan, Jr.
Thomas G.
Dignan, Jr.
.