ML20030D132
| ML20030D132 | |
| Person / Time | |
|---|---|
| Site: | 05000471 |
| Issue date: | 08/24/1981 |
| From: | Shotwell J MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8108310424 | |
| Download: ML20030D132 (5) | |
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UNITED STATES OF AMERICA 93 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
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BOSTON EDISON COMPANY et al.
)
Docket No. 50-471
)
(Pilgrim Nuclear Generating
)
Station-Unit 2)
)
)
)
MOTION OF THE COMMONWEALTH TO COMPEL ANSWERS TO ITS SECOND SET OF INTERROGATORIES TO BOSTON EDISON COMPANY RELATIVE TO EMERGENCY PLANNING The Commonwealth asked, in interrogatory 8 of its Second Set of Interrogatories to Boston Edison Company Relative to Emergency Planning, for identification of all reports, studies, papers, articles and books on emergency planning prepared by persons whom the Applicants will call as witnesses on that subject.1/
The Applicants objected to this request to the extent it called for the identification or production of reports or studies prepared by HMM Associates for persons not a party to this proceeding.
po?
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The Commonwealth's Second Set of Document Requests calls for production of these documents.
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8108310424 810824 PDR ADOCK 05000471 0
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, The parties are attempting to resolve informally their dispute over identification and production of these materials.
However, in order to preserve its rights, the Commonwealth hereby moves that the Applicants be ordered to produce all such documents, sanitized of client identification, to the extent they deal with any of the following:
1)
The size or configuration of EPZ boundaries or the methodology for establishing such boundaries, includng the manner in which any local or site-specific factors (such as those identified for Pilgrim II in the Commonwealth's Detailed Statement of Emergency Planning Contentions) should be addressed; 2)
The methodology for accounting in evacuation time estimates for any of the factors identified in Section II, Paragraphs F, G, or I of the l
Commonwealth's Detailed Statement of Emergency Planning Contentions.
i The Commonwealth also asks that the Applicants be compelled to I
l produce any such documents, or the relevant portions thereof, (again sanitized of client identification) which their witnesses Robert Merlino or Scott McCandless might rely upon to dispute, in pre-filed written testimony or upon cross-examination, any of the f acts or arguments outlined in the Commonwealth's Detailed Statement of Emergency Planning Contentions.
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, The Commonwealth submits that any documents responsive to its request, as limited above, are directly relevant to this proceeding as they constitute prior pronouncements by individuals who will offer testimony in this proceeding on the very subjects at issue.
No individual who agrees to serve as an expert witness can withhold from the view of other parties documents which are so directly relevant to the proceeding and may well lead to admissible evidence regarding the extent of the witness' experience and qualifications and/or the credibility of his or her testimony.2/
i The Commonwealth notes that the Applicants have already agreed through counsel to provide all documents upon which these two individuals will rely in their general testimony regarding their qualification to serve as expert witnesses in this proceeding.
Respectfully submitted, N/N By: _
V JO ANN SHOTWELL Assistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 l
l (617) 727-2265
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Dated: C[d' fp
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If this matter is to remain contested, the Commonwealth may wish to submit a brief in support of this Motion.
, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
BOSTON EDISON COMPANY et al.
)
Docket No. 50-471
)
(Pilgrim Nuclear Generating
)
Station, Unit 2)
)
)
)
CERTIFICATE OF SERVICE I hereby certify that the within Motion has been served on the following by deposit of copies thereof in the United States Mail, first class mail, postage prepaid this 24th day of August, 1981:
Andrew C. Goodhope, Esq.
Henry Herrman, E.tg.
Chairman Room 1045 Atomic Safety and 50 Congress Street Licensing Board Boston, Massachusetts 02109 3320 Estelle Terrace Wheaton, Maryland 20906 Mr. & Mrs. Alan R. Cleeton 22 Mackintosh Street Dr.
A. Dixon Callihan Franklin, Massachusetts 02038 Union Carbide Corporation P.O.
Box Y William S. Abbot, Esq.
Oak Ridge, Tennessee 37830 Suite 925 50 Congress Street Dr. Richard F. Cole Boston, Massachusetts 02109 Atomic Safety and Licensing Board Thomas G. Dignan, Jr., Esq.
U.S. Nuclear Regulatory Ropes & Gray Comndssion 225 Franklin Street Washington, D.C.
20555 Boston, Massachusetts 02110 l
l
[
Patrick J. Kenny, Esq.
Atomic Safety and Licensing Edward L.
Selgrade, Esq.
Appeal Board Deputy Director U.S.
Nuclear Regulatory Mass. Office of Energy Commission l
Resources Washington, D.C.
20555 i
73 Tremont Street Bos ton, Massachusetts 02108 l
, Atomic Safety and Licensing Office of the Secretary Board Panel Docketing and Service Section U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Chief Librarian Jack R. Goldberg Plymouth Public Library Office of the Executive North Street Legal Director Plymouth, Massachusetts 02360 U.S.
Nuclear Regulatory
mmission William S.
Stowe, -Esqui re WaL.ington, D.C.
20555 Boston Edison Company 800 Boylston Street Thomas S. Moore, Chairman Boston, Massachusetts 02199 Atomic Safety and Licensing Appeal Board Francis S. Wright, Esquire U.S. Nuclear Regulatory Berman & Lewenberg Commission 211 Congress St.
Washington, D.C.
20555 Boston, Massachusetts 02110 Christine N. Kohl, Esquire Dr. John H.
Buck Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Stephen H. Le.!i s R. K. Gad III U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Office of the Executive Boston, Massachusetts 02110 Legal Director Washington, D.C.
20555 Michael Blume U.S.
Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D.C.
20555 s
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STEPHEN M.
LEONARD Assistant gAttorney General Chief, Environmental Protection Division Public Protection Bureau Department of the Attorney General Ont. Ashburton Place,19th Floor Boston, Massachusetts 02108 (617) 727-2265
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