ML20148L949

Applicant Response to New England Coalition on Nuclear Pollution (Necnp) Motion to Compel Applicant to Respond (Third Set of Interrogatories).* Necnp Present Motion to Compel Must Be Denied.W/Certificate of Svc

ML20148L949
Person / Time
Site:	Seabrook
Issue date:	03/28/1988
From:	Steenland D PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-5968 OL-1, NUDOCS 8804050052
Download: ML20148L949 (5)

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5967 00CHETED Dated: March 28,U20YB 18 AR1 -1 P3 59 UNITED STATES OF AMERICA

- 0FFICE OF SEcf di,u f NUCLEAR REGULATORY OF AMERICA _ 00CCg . m before the ATOMIC SAFETY AND LICENSING BOARD-

)

In the matter of )

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

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

)

APPLICANT'S RESPONSE TO NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION TO COMPEL APPLICANTS TO RESPOND (THIRD SET OF INTERROGATORIES)

On March 22, 1988 New England Coalition on Nuclear Pollution (NECNP) filed a motion to compel Applicants to respond to NECNP's third set of interrogatories and request for production of documents on NECNP Contention IV. The issues raised in this motion are identical to the issues raised in NECNP's motion to compel Applicants to respond to its second set of interrogatories and request for production of documents on NECNP contention IV and its Motion for 1

Reconsideration of the same.

On March 18, 1988, this Board denied NECNP's Motion for

, Reconsideration. The Board held that the issue of I

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microbiologically induced corrosion (MIC) was outside the scope of contention IV; that the definition of "biofouling" was irrelevant since biofouling was not included in the Contention; that the Board's ruling on the issue of MIC was conclusive on the issue of whether Applicants could be compelled to respond to interrogatories regarding circulation water systems; and that pursuant to the Board's order of December 2, 1988, discovery was to have been completed by February 19, 1988 and therefore discovery served on that day (as were the third set of interrogatories) was untimely.

On the basis of the Board's March 18th order, NECNP's present Motion to compel must be denied. i Respectfully submitted Thomas G. Dignan, Jr.

Deborah S. Steenland Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 counsel for Applicants i

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CERTIFICATE OF SERVICE I, Deborah S. Steenland, one of the attorneysFforCthetkiA4f 0

Applicants herein, hereby certify that on March 28,0Cfhg j .gif vicf.

made service of the within document by mailing copies thereof, postage prepaid to:

Administrative Judge Sheldon J. Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney General 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 20815 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 Adjudicatory File Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of the Executive Legal Board Panel Docket (2 copies) Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 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 i

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

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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 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 RCD 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

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Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913 r h1 At s Deborah S. Steenland l

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