ML20028D271

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Order Granting Applicant 821216 Motion for Protective Order from Answering New England Coalition on Nuclear Pollution Interrogatories 5 & 6(a).Interrogatory 5 Irrelevant & Both Interrogatories Seek Legal Opinions from Applicant Counsel
ML20028D271
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 01/13/1983
From: Hoyt H
Atomic Safety and Licensing Board Panel
To:
PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
ISSUANCES-OL, NUDOCS 8301170278
Download: ML20028D271 (2)


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4 DX hETED UNITED STATES OF AMERICA i

NUCLEAR REGULATORY COMMISSION 03 M ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

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Helen F. Hoyt, Chairperson

[Ctr" IM i SE8Y" BRANCH r

Dr. Emmeth A. Luebke 1

Dr. Oscar H. Paris

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Dockat Nos. 50-443 OL In the Matter of

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50-444 OL

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PUBLIC SERVICE COMPANY OF

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NEW HAMPSHIRE, et al.

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(Seabrook Station, Units 1

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and 2)

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January 13, 1983

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ORDER (Granting Applicants' Motion for Protective Order) l On December 16, 1982, Applicants filed " Applicants' Answers to

'NECNP Second Set of Interrogatories and Request For Production of l

Documents to Applicants on Contentions I.A.2, I.B.1, I.B.2, and I.C' and i

Motion For Protective Order." Therein, Applicants object to l

Interrogatories No. 5 and No. 6(a) and seek protective orders with regard to each.

I By letter dated December 23, the NRC Staff declined to take a i

position on the Motion.

NECNP has filed no response, and the Board f

deems NECNP not in opposition to Applicants' Motion.

1 Applicants object to Interrogatory No. 5 on the grounds that it is irrelevcnt and calls for a legal opinion from Applicants' counsel, i

and to Interrogatory No. 6 on the grounds that it is nonsensical and 1

calls for a legal opinion from Applicants' counsel.

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(:3301170278 830113 PDR ADOCK 050004" m<oz o

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d The Board agrees with Applicant that Interrogatory No. 5 is irrelevant. Moreover, the Board finds that both interrogatories in question seek legal opinions from Applicants' counsel; and the mental impressions and legal theories of an attorney are not discoverable.

Accordingly, Applicants' Motion is granted.

1 IT IS SO ORDERED.

FOR THE ATOMIC SAFET*1* AND LICENSING BOARD

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J. e/

se si Helen F. Hoyt

ADMINISTRATIVE LAW JUDGE

i Dated at Bethesda, Maryland this 13th day of January, 1983.

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