ML20078R866
| ML20078R866 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/08/1983 |
| From: | Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8311150328 | |
| Download: ML20078R866 (5) | |
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Dated:
November 8, 1983 DOCKETED USNRC UNITED STATES OF AMERICA M
53 NUCLEAR REGULATORY COMMISSION OFFL^E OF SECRt:it,v 00CKErinc A signc, before the CRANCH ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF NEW
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Docket Nos. 50-443 HAMPSHIRE, et al.
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50-444
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(Seabrook Station, Units 1 & 2)
)
)
APPLICANTS' RESPONSE TO SAPL'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES INTERROGATORY NO. 1 SAPL's Interrogatory No. 1 is:
"In the opinion of Applicants, does New Hampshire law provide clear authority for the-Governor to order a protective response, including evacuation, in the event of a radiological emergency?
If the answer is in the affirmative, state with particularity the legal analysis upon which that conclusion is based, including the steps the processees utilized in arriving at that conclusion.
Provide all applicable references to existing statutory and case law, and cite i
any and all documents or other informational sources relied upon in your response.
See SAPL interrogatories, page 2."
8311150328 831108 PDR ADOCK 05000443 O
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The Applicants have objected to it on the following basis:
"The question is objected to as being truly a question of law and a request for legal research to be done for SAPL at Applicants' expense.
SAPL has its own counsel which it can ask to provide a legal analysis of the question asked.
Applicants' responses to SAPL interrogatories, page 2."
With no citation of authority SAPL argues that it can, by interrogatory, obtain from Applicants a pure legal opinion.
That SAPL cites no authority is not surprising.
There is none.
Indeed, the law is clear that interrogatories seeking pure legal conclusions are inappropriate even under the broad scope permitted by Federal Practice since the 1970 Rules Amendments.
O'Brien
- v. Brotherhood of' Electrical Workers, 443 F.
Supp. 1182, 1187-88 (N.D. Ga. 1977); 4A Moore, Federal Practice at 33-92--93.
INTERROGATORY NO. 4 Interrogatory No. 4 is:
"Is the Applicant aware of any provision in the NHRERP for any decontamination centers adequately staffed and equipped to perform the numbers of decontaminations that.would be required of emergency personnel and supplies, instruments and equipment?
If so, cite with particularity the provisions and page numbers in the NHRERP which make the above provision.
SAPL interrogatories, page 5."
Applicants' objection and response was:
"The NHRERP is a document.
The document speaks for itself.
Without waiving the foregoing we suggest that Appendix H and 5 2.7.5 eppear to discuss the subject referenced.
See Applicants' responses, page 5."
The law is clear that a party may not interrogate another party on the contents of a document and ask whether in the other party's judgment certain things, regulations or technologies are or are not covered in the document.
E.g.,
SCM Corp. v. Xerox Corp., 21 F.
R. Serv. 2d 1377 (D. Conn.
1975).
Tha document does speak for itself.
Furthermore, SAPL roceived a response that is fully adequate for the purpose of the " preparation of SAPL's case".
CONCLUSION The motion should be denied.
Respectfully submitted,
.p.-
'/.l[. (:wcf tg (%p)
Thomas G.
Dignan, Jr.
R.
K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 4 __.
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CERTIFICATE OF SERVICE
.I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on November 8,
- 1983, I made service of the within document by mailing copies
- thereof, postage prepaid, to:
Helen Hoyt, Chairperson Ms. Diana P.
Randall Atomic Safety.and Licensing 70 Collins Street Board Panel Seabrook, NH 03874 U.S. Nuclear Regulatory.
Commission 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 Suite 506 Commission Washington, DC 20006
' Washington, DC 20555 Dr. Jerry Harbour G. Dana Biebee, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel.
Office of the Attorney General U.S.. Nuclear Regulatory 208 State House Annex Commission Concord, NH 03301 Washington, DC 20555 Atomic Safety and Licensing Roy P. Lessy, Jr., Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington,fDC 20555 t
Atomic Safety and Licensing-Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S.
Nuclear Regulatory P.O.
Box 516 Commission-Manchester, NH 03105 Washington, DC 20555 Philip Ahrens,' Esquire Anne Verge, Chairperson Assistant Attorney General Board of Selectmen a
Department of the Attorney Town Hall General South Hampton, NH 03827 g
Augusta,.ME 04333 David R.
Lewis, Esquire Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U. S '. Nuclear Regulatory Department of the Attorney General Commission One Ashburton Place, 19th Floor i
Rm. E/W-439 Boston, MA 02108 Washington, DC 20555
- Charlac Croco, E quira Brentwood Bocrd of Salectmsn Shninoa, Mndrigen & McEichorn RFD Dalton Rotd 25 Mrplswocd Avenus Brentwood, NH 03833 P. O.
Box 366 Portsmouth, NH 03801 Ms. Roberta C.
Pevear Mr. Patrick J. McKeon Designated Representative of Selectmen's Office the Town of Hampton Falls 10 Central Road Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Designated Representative of City Manager the Town of Kensington City Hall RFD 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, D.C. 20510 Board of Selectmen (Attn:. Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Richard E.
Sullivan 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Donald E. Chick Town Manager's Office Town Manager Town Hall Town of Exeter' Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 Brian P. Cassidy, Esquire F.egional Counsel Federal Emergency Management Agency - Region I 442 POCH Boston, MA 02109
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Th' iha s"G. Di'gngri, Jr.
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