ML20147H949
| ML20147H949 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/03/1988 |
| From: | Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20147H956 | List: |
| References | |
| CON-#188-5773 OL-1, NUDOCS 8803090130 | |
| Download: ML20147H949 (5) | |
Text
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1 5773 DOCKETED USNF.C March 3, 1988 2 ftAR -7 P4 57 UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDgpqcgc.:3[gggAp,y 00CKETING A GEHviCE BRANCH
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In the Matter of
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Public Service Company of
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DocketNo.50-443OL-14YbOb7 New Hampshire, et al.
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(Seabrook Station, Units 1 & 2)
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ONSITE EMERGENCY
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PLANNING & TECHNICAL
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ISSUES
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NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S REPLY TO APPLICANTS' RESPONSE TO NECNP'S REQUEST FOR ENTRY UPON LAND On February 19, 1988, the New England Coalition On Nuclear Pollution (NECNP) requested, pursuant to 10 C.F.R. 5 741(a) (2),
that the Applicants permit NECNP's counsel and experts to inspect and take notes, samples, and photographs at Seabrook Station, with respect to NECNP Contention IV.
Applicants have objected to this request on the grounds that,NECNP's Request was untimely.
According to Applicants, this Board's December 2, 1988 Scheduling Order, which provided that "Applicants,' NECNP and the Staff shall complete discovery by February 19, 1988," should be interpreted as requiring that all responses to discovery must be received by February 19, 1988.1 NECNP believes that the Licensing Board's December 2, 1987 Scheduling Order establishes February 19, 1988 as the last date 1
Applicants' Response to NECNP's Request For Entry Upon Land, dated February 26, 1988.
8903090130 080303 PDR ADOCK 05000443 3
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a on which recuests for discovery may be served.
Past NRC practice in the Seabrook proceeding has consistently been that the date by which discovery is to be closed has meant the date on which the last discovery request must be filed.2 Where a Licensing Board has intended to impose on parties a specific deadline by which the last discovery response must be received, and depositions must be taken, it has done so explicitly.3 Here, the Board's Scheduling Order did not provide a sepa-rate deadline by which discovery requests must be served, as has been done in the past.
Accordingly, in light of prior Licensing Board scheduling orders in the Seabrook proceeding, the Board's December 2, 1987 Scheduling Order can only be read to require that all requests for discovery must be served on or before Feb-ruary 19, 1988.
Even if the Scheduling Order can be construed as Applicants suggest, NECNP relied in good faith,on the Board's previous prac-tice of providing explicit guidelines and deadlines in such instances where it intended for the deadline for service of dis-covery requests to be different and earlier from deadline for completion or closure of discovery.
Given the serious con-2 "Memorandum & Order - Establishing Hearing Schedule on Offsite Issues Raised By NHRERP," ASLBP No. 82-471-02-OL, dated December 4, 1986; "Memorandum and Order," ASLPBP No. 82-471-02 OL, dated September 13, 1982.
3 "Memorandum and Order," ALBp No. 82-471-02-OL, dated July 25, 1986, at 11-12.
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-3 sequences in terms of NECNP's ability to effectively litigate the important, remanded safety issue of NECNP Contention IV, had the Board intended to establish a separate deadline for serving dis-covery requests crior to February 19th, it was entirely rea-sonable for NECNP to assume that the Board would have been explicit as to what that deadline was.
A ruling that NECNP's Request for Entry Upon Land is timely will result in no interference with or delay to this proceeding.
To the contrary, a site visit which occurs later on in this pro-ceeding would be more efficient, and conservative of the parties' time and resources.
NECNP requested a site visit for after Feb-ruary 19th because it wished to await resolution of the dispute concerning the scope of NECNP Contention IV, and the receipt of responses to all outstanding discovery requests, including those requests that were the subject of NECNP's Motion to Compel.4 Accordingly, deferral of the site visit until after these issues were resolved would be conservative of the time and rescurces of the parties and the Board.
Moreover, NECNP's request for a site visit will in no way interfere with or delay summary disposition of NECNP Contention IV.
NECNP has no wish to conduct the site visit until after sum-mary disposition proceedings on Contention IV.
If, at that
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4 NECNP's Motion to Compel Applicants to Repond to NECNP's Sec-ond Set of Interrogatories and Request for Production of Docu-ments to Applicants on NECNP Contention IV, filed December 23, 1987.
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-4 point, NECNP Contention IV is resolved on summary disposition, there will be no need to conduct the site visit at all.
If, in fact,-the Board did intend for February is, 1988 to be the deadline for completion of all site visits, and the receipt of all interrogatory responses, NECNP hereby requests an extension of this deadline.
An extension would be warranted in this-instance, in light of the reasonaaleness of NECNP's reliance on past practice regarding discovery scheduling, and in light of the potential for denying NECNP a meaningful hearing on NEONP Centention IV should this Board determine that NECNP's discovery requests uerved on February 19, 1988 are untimely. Egg Cincinnati Gas and Electric Co. (William H.
Zimmer Nuclear Station), 12 NRC 231, 232 n.1 (1980) (ASLB considered untimely filed response because reluctant to take pocition which minht preclude litiga-tion of safety or envi'tonmental issues without giving every party an opportun3.ty to be heard).
Respectfully submitte i
Andrea Ferster HARMON & WEISS 2001 "S" Street N.W.
Suite 430 Washington, D.C.
20009 (202) 328-3500 CERTIFICATE OF SERVICE
't..t on March 3, 1988, copies of the foregoing
.o'ved by first-class mail on all parties listed on 1
em rio -
'.. Ice list, g
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Andrea Fer"ter e
i r,
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9 SEABROOK SERVICE LIST - ONSITE IJCENSING BOARD Sh:ldon J. Wolfe, Chairman 155 Washington Road Office of General Counsel McKay, Murphy and Graham U.S. NRC Rye, New Hampshire 03870 U.S. NRC 100 Main Street
-. Washington, D.C. 20555 Washington, D.C. 20555 Amesbury,MA 01913 Richard E. Sullivan, Mayor
. Dr. Jerry Harbour City Hall Mr. Angie Machiros, U.S. NRC Newburyport,MA 01950 Chairman Tew of Ne@uty Washington, D.C,20555 Town Hall,25 High Road Alfred V. Sargent, Chairman Dr. Emmeth A. Luebke board of Selectmen Mury, MA 01951 5500 Friendship Blvd.
Town of Salisbury, MA 01950 Apartment 1923N George L na Bisbee, Esq.
Chesy Chase, MD 20815 Senator Gordon J. Humphrey Geoffrey M. Ibtington, Esq.
g% 'g U.S. Senate Office of the Attorney General 9?
Atomic Safety and Licensing Washington, D.C. 20510 State House Annex "l"'
g N.8 Board Panel (Attn. Tom Burack)
Concord,NH 03301 EiE E
U.S. NRC Eh,1 4
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Washington, D.C. 20555 Selectmen of Northampton Allen Lampert Northampton, New Hamp.
Civil Defense Director Atomic Safety and Licensing shire 03826 Town of Brentowood
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Appea) Board Panel Exeter,NH 03833 J
U.S. NRC Senator Gordon J. Humphrey Washington, D.C. 20555 1 Eagle Square, Ste 507 Richard A. Hampe, Esq.
Concord,NH 03301 Hampe and McNicholas Docketing and Senice 35 Heasant Street U.S. NRC Michael Santosuosso, Concord,liH 03301 Washington, D.C. 20555 Chairman Board of Selectmen Gary W. Holmes, Esq.
Mrs. Anne E. Goodman Jewell Street, RFD # 2 Holmes & Ellis Board of Selectmen South Hampton, NH 03842 47 Winnacunnent Road 13-15 New Market Road Hampton, NH 03842 Durham, NH 03842 Judith H. Mizner, Esq.
Siherglate, Gertner, et al.
William Armstrong Willi:m S. Lord, Selectman 88 Broad Street Chil Defense Director Town Hall-Friend Street Boston,MA 02110 10 Front Street Ame.< bury, MA 01913 Exeter,NH 03833 Rep. Roberta C. Pevear Jane Doughty Drinkwater Road CaMn A.Canney SAPL Hampton, Falls, NH 03844 City Manager 5 Marb Street City Hall F'c-tsmouth, NH 03801 Phillip Ahrens, Esq.
126 Daniel Street Assistant Attorney General Portsmouth, NH 03S01 Carol S. Sneider, Esquire State House, Station # 6 Assist nt Attorney General Augusta, ME 04333 Matthew T. Brock, Esq.
1 Ashburton Place,19th Floor Shaines & McEachern Boston, MA 02108 Thomas G. Dignan, Esq.
P.O. Box 360 R.K. Gad II, Esq.
Maplewomi Ave.
Stanley W. Knowles Ropes & Gray Portsmouth, NH 03801 Board oi Selectmen 225 Franklin Street P.O. Box 710 Boston,MA 02110 Sandra Gamtis North Hampton,NH 03826 RFD 1 Box 1154 Robert A. Backus, Esq.
East Kensington,NH 03827 l
J.P. Nadeau Backus, Meyer & Solomon Town of Rye 111 Lowell Street Charles P. Graham, Esq.
l Manchester,NH 03105 Greg Bery
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