ML20082J494

Affidavit of Ja Shotwell Re Inaccurate Transcript of Judge Hoyt Recital of State of Ma Prefiled cross-examination Plan at 830817-19,23 & 31 Hearings.Certificate of Svc Encl

ML20082J494
Person / Time
Site:	Seabrook
Issue date:	11/28/1983
From:	Shotwell J MASSACHUSETTS, COMMONWEALTH OF
To:
Shared Package
ML20082J493	List: ML20082J488 ML20082J494
References
ISSUANCES-OL, NUDOCS 8312020186
Download: ML20082J494 (7)

Text

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DOCKETED DOCKETED USNRC ggge UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .. . . .

before the 1 33 Ec -1 A969 ATOMIC SAFETY AND LICENSING BOARI G OfflCE OF SECRETI#

D 00CKETIMG & SDVIEl ERANCH

)

In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, et al. ) November 28, 1983 (Seabrook Station, )

Units 1 and 2) )

)

AFFIDAVIT OF JO ANN SHOTWELL I, Jo Ann Shotwell, being duly sworn, hereby depose and say as follows:

1., I am an Assistani, Attorney General in the Department of the Attorney General for the Commonwealth of Massachusetts and the counsel of record for the Department in this proceeding. I was'present at and participated in the hearings before the ASLB

<fhich were held on August 17 - 19, 23, and 31, 1983.

2. During my cross-examination of Applicants' witnesses in the afternoon of August 17, Judge Hoyt began to read from the Department's pre-filed cross-examination p. tan. The transcript of the August 17 hearing does not accurately reflect Judge Hoyt's reading Fro- t3 e plan. That portion of the August 17 transcript-appeccins .c. page 1063, lines 17-18, which reads

B312020186 831128 PDR ADOCK 05000443 O PDR t

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" Judge Hoyt: I believe we're into adverse weather effect?"

should read " Judge Hoyt: I believe we're into adverse weather affects . . . .

3. The transcript of the August 17 hearing is further inaccurate in its trar :cription of a statement made by Judge Hoyt later in the day with respect to her earlier reading from the Commonwealth's cross-examination plan. The transcript, at ,

page 1159, line 21, has Judge Hoyt denying that she had revealed the Commonwealth's " cross-examination status." In fact, Judge Hoyt denied having revealed the Commonwealth's

" cross-examination strategy." This fact is further confirmed by a report of Judge Hoyt's statement which appeared in The Boston Globe on the morning of August 18, 1983. A true copy of that article is attached hereto.

t 4. The transcript of the August 18 hearing is inaccurate in its report of a statement which I made with respect to what arguments relative to the admissibility of the Commonwealth's testimony I had addressed in my arguments the previous day.  !

indicated, in response to Judge Hoyt's inquiry, that I had no further response to the arguments made "to date," not "today" as indicated in the transcript, at page 1165, line 7. In fact, no arguments on testimony had even been made on August 18 prior to my statement.

5. The transcript of the August 18, 1983 hearing is inaccurate in its record of testimony given by the Commonwealth's witness. That portion of the witness' testimony transcribed at Page 1216, lines 18-20, should read as follows to correctly reflect what was in fact said: "I'm glad Chief Mark is no longer here -- I parked illegally because I was unable to find short-term, available parking. I live-parked."

And that portion of the witness' testimony transcribed at Page 1246, lines 5-7, should read as follows to accurately reflect his testimony: "Yes, with some frequency -- reteorological phenomena, in particular as they relate to storm warning, are an important consideration in land planning work...".

Signed under the pains and penalties of perjury this 28th day of November, 1983.

• dL --

o Ann Shotwbfl a , DO ~'

COMMONWEALTH OF MASSACHUSETTS Suffolk, ss.

Jo Ann Shotwell, appeared before me and swore that she has read this affidavit and that the statements contained in it are true to the best of her knowledge and belief.

Before me, AsD.%

Notary Pupli4/

My commission expires on [Am . /d /f/ '7

18.1983' '

tgages Mass temporarily ousted at Xplant talks By Chris Chinlund .J

i cadbecaine evident. -

'" [u y 2 The sparring crupted into open 'debate wher Globe Correspondent y Iloyt in discussing the schedule for cross-ec St01,e DOVER. N.ll. - An angry exchange between ; }

a blassachusetis assistant attorney general and

,) amination, began to reveal the area In whic!

a Nuclear Regulatory Commission administra- g r . Shotwell intended to direct her next round c tivejudge yesterday led to the temporary expul- y questions to witnesses for Public Service Co EPROGRAM .ston of htassachusetts from the first day of hear- p. '

Shotwell jumped up. Interrupting ihe adminis Ings on an operating license for the Scabrook +,

i traltvejudge..and objected that her cross exam 0

' g.

0 LOWER PAYMENTS ' .  : nation outline had, like that of other lawyere M. (

nuclear power plant.  ? .

j g Judge llelen Iloyt ordered htassachuetts out r been submitted to'the bench with the underr CATION FEE of the proceedings after Jo Ann Shotwell refused q.;;

P. /g j ,) .

d. standing it would Iloyt ordered be kept Shotwell confidential.

to sit down, bul a balloon or vadable to apologize for her strenuous objections to a {3';f.} g.. .

rate first or second comment from the judge thal. she said, under- d'4,. .M ,

g] 4;@; 3 if Shotwell continued to voice her objections, unt' mortgage to a long tenn mined her cross-examination of utility officials. ' 9A .

!' the court baliff walked to her table and ap fixed rate and payment h[L

- Later in the day of tense hearings. Shotwell .

!) . Peared ready to enforce thejudge's order.

g schedule which can apologized for the tone, but not the substance.

' y 4- ,

,Iloyt. saying that "In seven years in admin.

bring peace of nund. of her remarks. That quallfled apology was l' u.d djY lstrative proceedings I've never fun addressed No Lmut-Any Purpose enough to persuade lloyt to reqdmit the state to The Money Store gg.c proceedings, which are bcIng hekt by the /

\7 .dl.1

..in .that tone by counsel." demandext Shotwell

. apologize. Replied Shotwell. "I will not do so.

. makes loans in any NR.'*s Atomic Safety and Licensing Board. Moyt 1, , L, . ! %; madam." With that, she was climinated froni o

tin ate pu os a all, is JO ANN SIIOTWELL I

[ofa a the hottest moment in the

.;S ,f f . Iloyt again demamktl an apol pg ,{oan Info I ftrst f 1I days of technical hearings on whether gers a quaHHed apology .

.i. .; . ogy ar'd Shotwell said: "I will not apologize for the Public Service Company of New Ilampshire ! * < - 1 .

the substance of my objections, although I caid Instant Phone Approval say there was no intent to offend any member of

..g r y " should be granted a license to operate the twin. :liavejoined to question Seabrook's safety.'

owner a d you h e d nuclear reactor it is constructing at Seabrook. In cross-examination. Coalition lawyer . the board. . " Later, in a statement read to to borrow money for The seacoast plant is nehr the borders of both Diane Curran ellcted testimony from a company the court, lloyt answered Shotivell's criticism, any reason at all, a call Afassachusetts and Maine. witness that 20 percent of safety 'related elec.J. denying she has revealerl hfassachusetts to my friends at The Massachusetts entered the case to argue that tronic equipment for Seabrook has not been ; cross-examination strategy." She would not Money Store could save the evacuation plans, submitted by Public Ser- "quallfled." or assured as adequate for the ; discuss the matter with reporters. .

you time and money, vice Co. for use in case of a nuclear accident, are strain it is expected to withstand. She called '. Shotwell, however, said lloyt discriminated

" inaccurate and unre!!able." that a reason for concern but a company law. fagainst Massachusettsin the hearings.She sug-WlE MBHEY STORE- New llampshire has joined the proceedings' yer said most of the necessary assurances are

• gested that the board. which is an appendage of mssemms e.c anmums to question whether Public Service Co.*s plans expected before the first reactor begins operat.. . the NRC, was not interested in hearing chal MMRANDOLPH U!E 986 Torr for notifying state officials of an accident are' ingin 1985.

sufficient. Maine, too. Is a party to the case.

• Ienges to a Scabrook license because the NRC staff has already decided it should be granted.

.BROCKTON 5802550 In addition, two groups skeptical of nuclear. Much of yesterday's proceedings involved _/ She said she decided to offer a partial apology so

. out er Aree can Ton Free

' power - the Scacoast Anti Pollution League and technical arguments, during which the tension she could continue to represent Massach,useti

-me Nu##TsYons ou - the New England Coalition on Nuclear Pollution between lloyt and some of the parties to the in the matter. .

MMMhg Chelsea mayor says he'll resign Sept. 7 .

i

CERTIFICATE OF SERVICE

'883 30-1 A'p:01 I, Jo Ann Shotwell, Esquire, counsel for Massachusetts Attorney General Francis X. Bellotti, hereby certify that ,2 8 , 1983, I

%,d made service of Motion For Reconsideration Of Boa tEdrney November 10, 1983 (Sustaining In Part And Denying General Bellotti's Motion For Correction Of Transcript") and Affidavic of Jo Ann Shotwell by mailing copies thereof, postage prepaid, to the parties named below:

Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety and Licensing coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S. Nuclear Regulatory Commission Hampton, NH 03842 Washing ton, DC 20555 Dr. Emmeth A. Luebke William S. Jordan, III, Esquire Atomic Safety and Licensing Diane Curran Board Panel Harmon & Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W.

Washington, DC 20555 Suite 506 Washington, DC 20006 Dr. Jer ry Harbour Eduard L. Cross, Jr., Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Dana Bisbee, Esquire U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, DC 20555 Office of the Attorney General 208 State House Annex Concord, NH 03301 Atomic Safety and Licensing Appeal Roy P..Lessy Board Panel Deputy Assistant Chief U.S. Nuclear Regulatory Commission Hearing Counsel Washington, D C 20555 U.S.N.R.C.

7735 Old Georgetown Road Bethesda, Maryland 20814 Guard Call - X27505

Atomic Safety and Licensing Robert A. Backus, Esquire Board Panel 116 Lowell Street U.S. Nuclear Regulatory Commission P O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Dr. Mauray Tye Assistant Attorney General Sun Valley Association Department of the Attorney 209 Summer Street General Haverhill, MA 01830 Augusta, ME 04333 Carole F. Kagan, Esq. Thomas G. Dignan, Jr., Esquire Atomic Safety and Licensing Robert K. Gad, III, Esquire Board Panel Ropes & Gray U.S. Nuclear Regulatory Commission 225 Franklin Street Washington, DC 20555 Boston, MA 02110 Charles Cross, Esquire Ms. Olive L. Tash Shaines, Madrigan, & McEachern Designated Representative of 25 Maplewood Avenue the Town of Brentwood P.O. Box 366 R.F.D. 1, Dalton Road Portsmouth, NH 03801 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 Mashington Road Hampton Falls, NH 03844 Rye, NH 03870

, Mrs. Sandra Gavutis Calvin A. Canney Designated Representative of City Manager l

the Town of Kensington City Hall

! RFD 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Richard E. Sullivan Jane Doughty Town Hall Field Director Newburyport, MA 01950 Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory l

Commission l Washington, DC 20555 i

f i

Brian P. Cassidy Representative Nicholas J. Costellc Regional Counsel 1st Essex District FEMA Region 1 Whitehall Road John W. McCormack Post Office Amesbury, MA 01913

& Courthouse Boston, MA 02109 Mr. Angie Machiros, Chairman Diana P. Randall 2 Ncwbury Board of Selectmen 70 Collins Street Town of Newbury, MA 01950 Seabrook, NH 03874 Patrick J. McKeon Anne Verge, Chairperson Chairman of Selectmen, Rye, Board of Selectmen New Hampshire Town Hall 10 Central Road South Etmpton, NH 03842 Rye, NH 03870 Donald E. Chick Maynard B. Pearson Town Manager Board of Selectmen Town of Exeter 40 Monroe Street 10 Front Street Amesbury, MA 01913 New Hampshire 03833 Selectmen of North Hampton Mr. Daniel Girard Town of North Hampton Civil Defense Director New Hampshire 03862 25 Washington Street Salisbury, MA 01930 Senator Gordon J. Humphrey Senator Gordon J. Humphrey 1 Pillsbury Street U.S. Senate Concord, NH 03302 Washington, D.C. 20510 (Attn: Herb Boynton) (Attn: Tom Burack)

Signed under the pains and penalties of perjury, this 28th day of November, 1983.

^

Ann Shotwelio/

~

Assistant Attorney General Environmental Protection Division Public Protection Bureau One Ashburton Place Boston, MA 02108

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