ML20147D563

Applicant Response to New England Coalition on Nuclear Pollution (Necnp) Motion to Compel Applicant to Respond to Necnp Second Set of Interrogatories & Request for Production of Documents on Necnp Contention Iv.* W/Certificate of Svc

ML20147D563
Person / Time
Site:	Seabrook
Issue date:	02/24/1988
From:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION
References
CON-#188-5723 OL-1, NUDOCS 8803040052
Download: ML20147D563 (5)

Text

472- G DOCKETEp February 24HC1988 UNITED STATES OF AMERICA 3 NAR -1 P3 :52 NUCLEAR REGULATORY COMMISSION before the OFFICE 00CXE7 c5;Drfjjy 3RANCy -

ATOMIC SAFETY AND LICENSING N ARD

)

In the Matter of )

)

PUBLIC SERVICE COMPANY ) Docket Nos. 50-443-OL-1 OF NEW HAMPSHIRE, ET AL. ) 50-444-OL-1

)

(Seabrook Station, Units 1 ) (Onsite Emergency and 2) ) Planning and Safety

) Issues)

)

APPLICANTS' RESPONSE TO (1) NEW ENGLAND COALITION ON NUCLEAR POLLUTION #S MOTION TO COMPEL APPLICANTS TO RESPOND TO NECNP'S SECOND SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ON NECNP CONTENTION I.V. AND (2) MOTION OF WESTINGHOUSE ELECTRIC CORPORATION, APPEARING SPECIALLY, FOR AN EXTENSION OF TIME AND REQUEST FOR AN ORDER AS TO FUTURE ESTOPPEL Under date of February 10, 1988, New England Coalition on Nuclear Pollution (NECNP) filed a motion to compel the production of a document in the possession of Applicants which contains information proprietary to Westinghouse Electric Corporation (Westinghouse). Despite the offer of the Applicants and Westinghouse to make the document available to NECNP under an appropriate protective agreement without prejudice to NECNP to seek full public disclosure of the document, NECNP has refused to accept the document on this basis. Westinghouse has filed a special appearance to defend its assertion that the documentation is proprietary in nature and thus exempt from public disclosure and has requested an extension of time to file appropriate g3040052880224 g ADOCK 05000443 S0 9

PDR 1

~] I pleadings with regard to that matter.

Applicants have no objection to the Westinghouse Motion, and for their reply to the NECNP Motion leave the substantive defense of the assertions as to the proprietary nature of the document to Westinghouse. Applicants, however, note that the effect of NECNP's insistence on litigating the issue of whether the information is proprietary before accepting the document under an appropriate protective agreement may have the effect of providing NECNP an argument that necessary discovery has not been completed with respect to the SGTR issue thus precluding prompt resolution of that issue either by way of summary disposition or trial.

REQUEST FOR ORDER In light of the foregoing, the Applicants request that the Board issue an order to the effect that NECNP's continued refusal to accept the document under an appropriate protective agreement will estop NECNP from seeking any delay in resolution of the SGTR issue on the basis that NECNP has not had discovery of the document.

Respectfully submitted, M

h/

Th6 mas G.<bignan, Jr.

George H. Lewald Kathryn A. Selleck Ropes & Gray 225 Franklin Street

Boston, MA 02110 (617) 423-6100 Counsel for Acolicants 2

l I

~3l CERTIFICATE OF SERVICE hhhgU I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on February 24, 19EB, NM -1 P3.32 I made service of the within document by mailing copies theroof, postage prepaid to:

OFHt.Ec; 35u m s, Stephen E. Merrill, Es M Administrative Judge Sheldon J.

Attorney General rhfdch '

Wolfe, Esquire, Chairman Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Judge Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel 5500 Friendship Boulevard U.S. Nuclear Regulatory Apartment 1923N Commission Chevy Chase, Maryland 2 0 r> 15 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C. Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.

Washington, DC 20009 Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 l

Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333

Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenue General P.O. Box 360 One Ashburton Place, 19th Fir.

Portsmouth NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 l

Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn: Tom Burack) Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.

Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 l

i

k Charles P. Graham, Esquire Barton Z. Cowan, Esquire McKay, Murphy and Graham Eckert Seamans Cherin &

100 Main Street Mellott Amesbury, MA 01913 42nd Floor, 600 Grant Street Pittsburgh, PA 15219

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' Themas WDignan, Jr.

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