ML20148K344
| ML20148K344 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/22/1988 |
| From: | Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5955 OL-1, NUDOCS 8803310086 | |
| Download: ML20148K344 (5) | |
Text
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s C'j55 March 22, 1988 00CKETE0 USNRC UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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F FIE OF Si!:Rii A A '.
In the Matter of
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00CXEitNG & SEitV!Q BRANCH
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Public Service Company of
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New Hampshire, et al.
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Docket No. 50-44 3 OL-1 t/'/N/
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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 MOTION TO COMPEL APPLICANTS TO RESPOND TO NECNP'S THIRD SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ON NECNP CONTENTION IV t
1.
The New England Coalition on Nuclear Pollution ("NECNP")
hereby requests that the Licensing Board order Applicants to pro-vide answers to Interrogatories No.
4, 5,
6, 7,
14, requesting l
information regarding microbiologically induced corrosion.1 Granting this motion would be appropriate should the Board decide that the issue of microbiologically induced corrosion is within j
the scope of NECNP Contention IV.
j 2.
In support of this motion to compel, NECNP refers the i
l Board to the arguments set out in "NECNP's Motion to Compel l
Applicants to Respond NECNP's Second Set of Interrogatories and l
l f
1 NECNP's Third Set of Interrogatories and Request for Produc-l tion of Documents to Applicants on NECNP Contention IV," filed February 19, 1988.
8803310086 880322 PDR ADOCK 05000443 PDR O
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2 -
Request for Production of Documents on NECNP Contention IV,"
dated January 25, 1988" and "NECNP's Motion or Reconsideration of the Board's Denial of NECNP's Motion to Compel, dated February 17, 1988," dated March 1, 1988.
3.
In their response to NECFP's Third Set of Inter-rogatories to Applicants on NECNP Contention IV, Applicants again re-defined "biofouling" as follows:
extensive settlement of fouling organisms, resulting in sig-nificant percentages of the surfaces being covered and thus measurable affecting flow or heat exchanger efficiency.
' Settlement' means colonization on plant surfaces by fouling organisms, primarily mussels and barnacles.
"Applicant's (sic) Responses to NECNP's Third Set of Inter-rogatories and Request for Production of Documents to Applicants on NECNP Contention IV,"
filed March 7, 1988, at 3.
To the extent that Applicants' responses to "NECNP's Third Set of Inter-rogatories and Request for Production of Documents on NECNP Con-tention IV" are based on an improperly narrow definition of "biofouling," their answers to these questions are partially unresponsive.2 Accordingly, NECNP requests that the Board order Applicants to provide answers based on the general definition of 2
See "NECNP's Motion to Compel Applicants to Respond to NECNP's Second Set of Interrogatories and Request for Production of Docu-ments on NECNP Contention IV," dated January 25, 1988, at 13-15, and "NECNP's Motion for Reconsideration of the Board's Denial of NECNP's Motion to Compel, dated February 17, 1988," dated March 1,
1988, at 8-10, and Exhibit A (Affidavit of Dr. James Bryers, at Para. 6.)
o
-3 "biofouling" contained in NECNP's Third Set of Interrogatories and Request for Production of Documents to Applicants on NECNP Contention IV.3 4.
NECNP also requests that the Board order Applicants to provide information with respect to circulating water systems other than cooling systems in response to Interrogatories Nos.
4, 5,
7, 8,
9, 10, 11, 12, 13, 15, 16, 17, on the grounds that these interrogatories are clearly "relevant to the subject matter involved in the proceeding...(or which) appears reasonably calcu-lated to lead to the discovery of admissible evidence." 10 C.F.R. 5 2.740(b) (1).4 Respectfully submitted,
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,,f, Andrea Ferster HARMON & WEISS 2001 "S"
Street N.W.
Suite 430 Washington, D.C.
20009 (202) 328-3500 3
NECNP defined "biofouling" as "any degree of micro-or macr-biologically cell deposition and subsequent biologically mediated corrosion of nuclear power plant cooling systems by aquatic debris, macro-or micro-biological organisms, silt, and mud, or by any other organic or inorganic material." NECNP's Third Set of Interrogatories and Request for Production of Documents to Applicants on NECNP Contention IV,"
filed February 19, 1988, at 3.
4 See "NECNP's Motion to Compel Applicants to Respond to NECNP's Second Set of Interrogatories and Request for Production of Docu-ments on NECNP Contention IV," dated January 25, 1988, at 2-S.
1
. [!)L v.E T Eif us%c CERTIFICATE OF SERVICE
'88 MR 28 P4 :26 I certify that on March 22, 1988, copies of the foregoihg pleading were served by first-class mail on all parties listed on the attached service list.
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0 v E 1 etn L ',t:r,virF.
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vf}BLy Andrea Ferster
l SEABROOK SERVICE LIST ONSITE LICENSING BOARD
- Sheldon J. Wolfe, Chairman 155 Washington Road Office of General Counsel i
U.S. N RC Rye, New Hampshire 03870 U.S. N RC Washington, D.C. 20555 Washington, D.C. 20555 Richard E. Sullivan, hlayer
' By hand
'Dr.Jctry Harbour City Hall Str. Angie hiachiros, U.S. N RC Newburyport, htA 01950 Chairman
" By overnight 51all Washington, D.C. 20555 Town of Newbury l
Alfred V. Sargent, Chairman Town Hall,25 High Road
'Dr. Emmeth A. Luebke Board of Selectmen Newbury, htA 01951 5W Friendship Blvd.
Town of Salisbury,51A 01950 Apartment 1923N George Dana Bisbee, Esq.
Chesy Chase, htD 20S15 Senator Gordon J. Humphrey Geoffrey $1. Huntington, Esq.
1 U.S. Senate Office of the Attorney General Atomic Safety and Licensing Washington, D.C. 20510 State House Annex Board Panel (Attn. Tom Burack)
Concord,NH 03301 U.S. NRC Washington, D.C. 20555 Selectmen of Northampton Allen Lampert Northampton, New Hamp-Chil Defense Director Atomic Safety and Licensing shire 03826 Town of Brentowood Appeal Board Panel Exeter, NH 03833 t
U.S. N RC Senator Gordon J. Humphrey
- Washington, D.C. 20555 1 Eagle Square, Ste 507 Richard A. Hampe, Esq.
Concord,NH 03301 Hampe and hicNicholas Duketing and Service 35 Pleasant Street l
U.S. N RC htichael Santosuosso, Concord,NH 03301 3
Washington, D.C. 20555 Chairman Board of Selectmen Gary W. Holmes, Esq.
Ntrs. Anne E. Goodman Jewell Street, RFD # 2 Holmes & E'lis Board of Selectmen South Hampton, NH 03S42 47 Winnacunnent Road 3
l 1315 New Starket Road Hampton, NH 03S42 j Durham, NH 03842 Judith H. Atiener. Esq.
Sihcrglate, Gertner, et al.
William Armstrong William S. Lord, Selectman SS Broad Street Civil Defense Director
' Town Hall ~ Friend Street Boston, h!A 02110 10 Front Street l
Amesbury,StA 01913 Exeter, NH 03S33 Rep. Roberta C. Pevear
{ Jane Doughty Drinkwater Road Cabin A, Canney SAPL Hampton, Falls, NH 03S44 City $1anager 5 htarket Street City Hall l Portsmouth, NH 03S01 Phillip Ahrens, Esq.
126 Daniel Street Assistant Attorney General Portsmouth, NH 03S01 l
l Carol S. Sneider, Esquire State Ifouse, Station
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Auistant Attorney General Augusta, NIE 04333 Statthew T. Brock, Esq.
i j i Ashburton Place,19th Floor Shaines & 51cEachern timton, StA 02108 "Thomas G. Dignan. Esq.
P.O. Box 360 R.K. Gad 11, Esq.
Staplewood Ave.
I stanley W. Knowles Ropes & Gray Portsmouth, NH 03801 j Board of Selectmen 225 Franklin Street i
i P.O. Box 710 Boston, htA 02110 Sandra Gamtis l North Hampton, NH 03S26 RFD 1 Box 1154
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Robert A. Backus, Esq.
East Kensington, NH OM27 J.P. Nadeau Backus, Nicyst & Solomon
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j Town of R>c 111 Lowell 5treet Charles P. Graham, Esq.
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l hianchester. NH 03105 NicKay. N1urphy and Graham f
I 100 Ntain Street
' Gregory A. Berry, Esq.
Amesbury,51A 01913
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