ML20071C795

Answers to New England Coalition on Nuclear Pollution 830216 Motion to Compel Applicant Answers to Coalition Second Set of Interrogatories on Contentions I.D.1,I.D.4,I.F,I.I,I.L & Ii.B.Certificate of Svc Encl

ML20071C795
Person / Time
Site:	Seabrook
Issue date:	02/28/1983
From:	Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20071C771	List: ML20071C770 ML20071C776 ML20071C795
References
ISSUANCES-OL, NUDOCS 8303080106
Download: ML20071C795 (5)

Text

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Filsd: February 28, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O 4 before the g 4 D ATOMIC SAFETY AND LICENSING BOARD 2 Nv 1.

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'TV In the Matter of ) . D-

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PUBLIC SERVICE COMPANY OF NEW ) Docket Nos. 50-443 OL HAMPSHIRE, et al. ) 50-444 OL

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(Seabrook Station, Units 1 & 2) )

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APPLICANTS' ANSWERS TO'"NECNP MOTION TO COMPEL ANSWERS BY APPLICANTS TO NECNP SECOND SET OF INTERROGATORIES ON CONTENTIONS I.D.1, I.D.4, I.F, I.I., I.L, AND II.B" Pursuant to 10 CFR $$ 2.730(c) and 2.740(f), the Applicants' hereby answer the "NECNP Motion to Compel Answers by Applicants to NECNP Second Set'of Interrogatories on Contentions I.D.1, I.D.4, I.F, I.I.,

f I.L, and II.B" served upon them by NECNP on February 16, 1983.

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8303080106 830228 PDR ADOCK 05000443 O PDR

Interrogatory No. 3 There are two problems with this request, which is for a draft of an operational document prepared by someone else which the Applicants have not yet determined suffices as even a draft of the operational document to be used at Seabrook. The first is that, at least until the draft ha,been accepted by the Applicants, at least preliminarily, for use at Seabrook, it is not relevant to any issue 4.n this case

-- bearing in mind that the document in question is not evidentiary in the traditional testimonial sense, but rather constituues (or, more precisely, will constitute when and if adopted by the Applicants) an operational document containing procedures the adequacy of which might be relevent. Prior to the time the document is so approved, its production is not only a waste of time, it presents the potential for confusion and distraction that would be counterproductive to the orderly conduct of this proceeding.

The second difficulty is that NECNP has indicated that it intends to withdraw the contention on which this question is based. If the contention is no longer viable, the interrogatory is not relevant to any issue in the proceeding.

Interrogatory No. 7 This interrogatory, which is arguably an attempt to "back door" questions dealing with the rejected contentions on " systems interaction," was (consistent with this Board's ruling on documents relating to the PRA) answered insofar as the Applicants believe that they have any existing documents that are described in the question. The fact that NECNP believes that additional studies should have been made is-immaterial; and the fact that NECNP believas that the studies to which the Applicants referred need not have been identified renders the answer simply an excess of caution. The Applicants have no additional studies to identify.

Respectfully submitted,

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t Thomas G. Di an, Jr.

R. K. Gad I Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Telephone: 423-6100 Dated: February 28, 1983 i

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1 CERTIFICATE OF SERVICE I, Robert K. Gad III, one of the attorneys for the Applicants herein, hereby certify that on February 28, 1983, I made service of the within " Applicants' Answers to 'NECNP 4

Motion-to Compel Answers by Applicants to NECNP Second Set 4

of Interrogatories on Contentions I.D.1,-I.D.4, I.F, I.I.,

I.L, and II.B'" by mailing copies thereof, postage prepaid, to:

Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety and Licensing Coastal Chamber-of_ Commerce Board Panel 209 Winnacunnet Road U.S. Nuclear Regulatory Commission Hamptcn, NH 03842 Washington, DC 20555

Dr. Emmeth A. Luebke William S. Jordan, III, Esquire Atomic Safety and' Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.

] U.S. Nuclear Regulatory Commission Suite 506 ,

, - Washington, DC 20555 Washington, DC 20006 Dr. Jerry Harbour E. Tupper Kinder, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General

{ U.S. Nuclear Regulatory Commission 208 State House Annex Washington, DC 20555 Concord, NH 03301

- Atomic Safety and Licensing Roy P. Lessy, Jr., Esquire Board Panel . Office of the Executive Legal U.S. Nuclear Regulatory Commission Director l

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Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 i

Atomic Safety-and Licensing Appeal Robert A. Backus, Esquire Eoard Panel- 116 Lowell Street U.S. Nuclear Regulatory Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 i

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Philip Ahrens, Esquire Edward J. McDermott, Esquire Assistant Attorney General Sanders and McDermott Department of the Attorney Professional Association General 408 Lafayette Road Augusta, ME 04333 Hampton, NH 03842

, David L. Lewis Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission Department-of the Attorney General Rm. E/W-439 One Ashburton Place, 19th Floor Washington, DC 20555 Boston, MA 02108 Mr. John B. Tanzer Ms. Olive L. Tash Designated Representative of Designated Representative of the Town of Hampton the Town of Brentwood 5 Morningside Drive R.F.D. 1, Dalton Road Hampton, NH 03842 Brentwood, NH 03833 Roberta C. Pevear Edward F. Meany Designated Representative of Designated Representative of '.

the. Town of Hampton Falls the Town of Rye Drinkwater Road 155 Washington Road Hampton Falls, NH 03844 Rye, NH 03870 Mrs. Sandra Gavutis Calvin A. Canney  !

Designated Representative of City Manager the Town of Kensington City Hall RED 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Patrick J. McKeon Selectmen's Office 10 Central Road Rye, NH 03870 3

Robert K. Gad I I

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