ML20082P734
| ML20082P734 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/05/1983 |
| From: | Shotwell J MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8312090161 | |
| Download: ML20082P734 (6) | |
Text
,
.#.r*
a.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION beforo the ATOMIC SAFETY AND LICENSING BOARD OXnETEE Uhr
'83 OEC -8 A!0 :28
)
1"
)
Docket Qos. 50.443-OL U NifMc Op FUELIC SERVICE COMPANY OF 124 HAMPSHIRE, et al.
December 5, 19 (Seabrook Station, Units 1 & 2)
)
)
ATTORUEY GENERAL.BELLOTTI'S MOTION TO STRIKE " FEDERAL EMERGENCY MANAGEMENT AGENCY 'S
.EMORANDUM IN OPPOSITION TO ATTORNEY GENERAL BELLOTTI'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES" As indicated in a Certificate of Service previously filed in this proceeding, a copy of which is attached hereto, FEMA received a copy of " Attorney General Bellotti's Motion to Compel Answers to Attorney General Bellotti's Interrogatories and Rrquest for Documents to the Federal' Emergency Management Agency on Energency Planning for the State of New Hampshire" on November 16, 1983.
On December 1, 1983, FEMA filed an answer to that motion entitled " Federal Emergency Management Agency's Mernorandum in. Opposition 'to Attorney General Bellotti's Motion to Cor:pel Answers to Interrogatories. "
That filing is untimely.
Tae Commission's rules require that any answer to a motion be filed within ten days of service, unless service is by mail.
See 10 C.F.R.
- 52. 730 (c).
Attorney General Bellotti moves, therefore, that FEMA's answer be struck as untimely.
o!oo$$jg~
C PDR 3503
.~/~O 1
~
Quito apart from the timeliness of the filing of this s.
pleading, it is far too late for FEMA to assert the defense which it attempts to raise.
FEMA rests its objection to the Attorney General's Motion to Compel exclusively on its alleged non-party status in this proceeding.
However, FEMA filed no motion for a protective order on that basis when it received the interrogatories and has, therefore, waived any such objection.
Fur thermore, Massachusetts counsel consulted with Brian Cassidy, FEMA counsel, before directing the Attorney General's interrogatories to FEMA, as opposed to the NRC Staff.
FEMA counsel indicated at that time that the agency's status in NRC licensing proceedings is unclear and that he and other members of his agency were engaged in discussions with NRC personnel on issues related to FEMA's status at that very time.
Massachusetts counsel proposed, given such un-certainty, filing the interrogatories directly with FEMA and reserving the right to redirect them to the NRC Staff should it later be determined that such was the proper approach.
Mr. Cassidy indicated agreement with that course.
The most that FEMA's opposition to the Attorney General's Motion to Compel can accomplish, therefore, is to relieve FEMA of the burden of actually preparing. and filing the response to the Attorney General's interrogatories.
In no event can FEMA's asserted non-party status deprive the Attorney General of answers to the interrogatories.
If FEMA wishes to suggest that it has now become clear that FEMA is not a party for purposes of discovery, then the Attorney General must be given the opportunity to
~
addrase his interrogatories and document requests to the NRC Staff, which will then be obliged to respond'to them af ter consultation with FEMA personnel.
Finally, this Department has always been willing to attempt to resolve this discovery dispute informally with FEMA counsel, and so indicated to him at the time it filed the Motion to Compel.
We have now agreed upon a date for such discussions (Wednesday, December 7) and will promptly notify the Board of the' results thereof.
Respectfully submitted, FRANCIS X. BELLOTTI ATTORNEY GENERAL By:
A Ah[
JQj nn Shotwell' A
Assistant Attorney General Environmental Protection Division One Ashburton Place Boston, Massachusetts 02108 (617) 727-2265 9
4 e
e w
,p
+ >
su.
DCLfETED
' ~
CERTIFICATE OF SERVICE UiMC I,..Jo Ann shotwell, Esquire, counsel for MassacWseEEs-8Atidi&y Ge'neral Francis X.
Cellotti, hereby certify that on December 5, 1983, I made service of Attorney General Bellotti's Motion,To Strike,." Federal Emergency Management Agency's Memorandum In Oppositiiohl.To; Atfo'rney
~
General Bellotti's. Motion To Compel Answers To Interrogst6Fi'es" by mailing copies thereof, postage prepaid, to the parties named below:
Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety ant li Licensing Coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S.
Nuclear Regulatory Commission Hampton, NH 03842 Washington, DC 20555 i
Dr. Emceth 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. Jerry Harbour Edward L.
Cross, Jr., Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Dana Bisbee, Esquire U.S. -Nuclear. Regulatory Commission Assistant Attorney General Wash'ington, 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 L
Washington, D C 20555 U.S.N.R.C.
Washington, DC 20555 I
I L
l l
_ _. - ~., -
e Atomic'Sa'fety 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 I
Philip l Ahrens, Esquire Dr. Mauray Tye
-Assistant Attorney General Sun Valley Association Department of the Attorney 209 Summer Street i
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
^
' Char 1es Cross, Esquire Ms. Olive L. Tash Shaines,fMadrigan, & 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 4
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
~
RFD 1 126 Daniel Street East Kingston, NH 103827.
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 Commission Washington, DC 20555 e
i, _.
~
Brian P. Cassidy Representative Nicholas J.
Costel Regional Counsel 1st Essex District FEMA Region 1 Whitehall Road John W.-McCormack Post Office Amesbury, MA 01913
& Co urthouse Boston, MA 02109 Mr. Angie Machiros, Chairman Diana P.
Randall Newbury 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 Hampton, 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 Pi,llsbury Street U.S. Senate Concord, NE 03302 Washington, D.C.
20510 (Attn:
Herb Boynton)
(Attn:
Tom Burack)
Signed under the pains and penalties of perjury, this 5th day of December, 1983.
~
AA-o Ann ShotwellN '
sistant Attorney General Environmental Protection Division Public Protection Bureau One Ashburton Place Boston, MA 02108
.