ML20151G555

New England Coalition on Nuclear Pollution Motion for Extension of Discovery Schedule.* Schedule Should Be Extended to 880815.Certificate of Svc Encl

ML20151G555
Person / Time
Site:	Seabrook
Issue date:	07/21/1988
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20151G553	List: ML20151G550 ML20151G555
References
OL-1, NUDOCS 8807290012
Download: ML20151G555 (6)

Text

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7,. : N* '

s July 21,0gj 0

UNITED STATES- NUCLEAR REGULATORY COMMISSION w n 25 N1 '41 BEFORE THE ATOMIC SAFETY AND LICDS HG BOARD FFICE Cf EkIW'

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'= NU In the Matter of' )

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Public Service Company of )

New Hampshire,-et al. ) Docket Nos. 50-443 0L-1

, ) 50-444 OL-1

.(Seabrook Station, Units 1 & 2) ) ONSITE EMERGENCY

) PLANNING & TECHNICAL

) ISSUES NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOR EXTENSION OF DISCOVERY SCHEDULE By telephrnic order of June 23, 1988, the. Licensing Board established a schedule for litigation of remanded issues relating to NECNP Contention I.B.2. Under the schedule, the time for dis-covery commenced on June 23, and will close on August 15, 1988.

The New England Coalition on Nuclear Pollution ("NECNP") respect-fully esquests an extension of this hearing schedule for the sole  ;

purpose of conducting depositions during the week of August 15, 1988.1 Undersigned counsel seeks this limited exception to the discovery schedule because of long-standing vacation plans for the week of August 9th through 15th.2 1 Based on Applicants' answers to NECNP's first set of inter-(

rogatories, we expect that the depositions could be completed in one day.

2 NECNP has filed today a notice of depositions of the four experts who assisted in the preparation of answers to NECNP's first set of interrogatories, and two of whom have previously filed affidavits before this Board. The depositions are now scheduled for August 12, when undersigned counsel for NECNP will be out of $ '

town. Although another attorney will be available to take the depositions, that attorney lacks equivalent familarity with the complex technical issues involved in this case. Not only will NECNP's attorney's ability to conduct depositions be significantly hampered by lack of full familiarity with these issues,that but attorney undersigned counsel will not be available to prepare 8807290012 890721 PDR ADOCK 05000443 a PDR " .- - ___-__-_ _

'e u-NECNP seeks by this motion to postpone depositions of Applicants' experts until NECNP has had the opportunity to review with its expert consultant Applicants' answers to NECNP's third set of interrogatories, which are due on August 5.3 Because these interrogatories probe the bases for the answers to the extensive questions asked in NECNP's first set of interrogatories, it is inportant that NECNP be able to review them before deposing Applicants' experts.4 Not only will Applicants' answers to NECNP's third set of interrogatories assist NECNP in posing more effective questions to Applicants' experts, but they should make the deposi-tions much more efficient by focusing the issues that NECNP actually needs to pursue. It is also possible that NECNP will find that depositions are unnecessary as a result of Applicants' ans-wers. Finally, Applicants have not yet identified their affiants or witnesses in the case (see Applicants' July 13, 1988, response to Interrogatory Nos. 2 and 3 of NECNP's First Set of Inter-(continued) for the depositions. In particular, undersigned counsel will be unavailable to assist in reviewing with that attorney Applicants' answers for NECNP's Third Set of Interrogatories before the deposi-tions are taken.

3 NECNP's expert consultant, Robert D. Pollard, will be out of town for the entire month of August, without ready access to a tel-ephone. Therefore, special arrangements must be made to send him the answers to interrogatories and contact him by telephone. Given L the complex and technical nature of the RG-58 coaxial cable issue, and the logistical difficulties in communicating with Mr. Pollard, NECNP would require several days following receipt of the inter-rogatory answers in order to prepare for depositions.

4- Some of these interrogatories are addressed to Applicants' very recent assertion that RG-58 cable has been tested and is qualified. See Applicants' Answer to NECNP's First Set of Inter-rogatories, interrogatory No. 16. Clearly, it is important that i

NECNP have an opportunity to explore the basis for this new asser-tion before deposing Applicant's experts.

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rogatories). An; extension of time for depositions might provide sufficient time for Applicants to identify and NECNP to arrange to depose those individuals.

NECNP has been extremely diligent in attempting-to confine discovery to the limits of the Board's schedule. The Coalition served Applicants with its first set of interrogatorie.s and docu-ment requests on June 28. within three working days of the Board's discovery order. NECNP filed a second set of interrogatories to Applicanhs and a first set cf interrogatories to the NRC Staff on July 1.5 Based on Applicants' answers to NECNP's first set of interrogatories, which NECNP received on July 14, NECNP has prepared and filed today a third set of interrogatories to Applicants. Thus, the need for accomodation arises not from any laxity on NECNP's part but from the fact that counsel for NECNP will be out of town during one week of the six-week discovery period.

Such a limited accommodation does not threaten to delay this proceeding or hurt Applicants' interests. The next date in the Board's litigation schedule is August 22, when the parties are required to state whether they intend to file summary disposition mot.lons. NECNP has already stated that it does not believe summary disposition is appropriate in this case; thus, Applicants are on t

1-5 NECNP was informed on July 20 that counsel for Applicants did not receive this second set of interrogatories. The Coalition has sent Applicants another copy of the interrogatories by telefax.

• The parties have agreed that Applicants will answer these inter-  !

rogatories by August 4. (

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+ notice of its position. It seems unlikely that one day of deposi-tions during the preceding week would hamper Applicants unduly in deciding whether or not to file a summary judgment motion; in any

-event, such a motion would not de due until 30 days later.

CONCLUSION For the foregoing reasons, NECNP requests that the Licensing Board extend the discovery schedule for the sole purpose of allow-ing NECNP to conduct depositions of, Applicants' experts during the week of August 15, 1988.6 NECNP requests that the Board give expedited consideration to this motion so that counsel has suffi-cient time to prepare another attorney to depose Applicants' experts, if thst proves necessary.

Respectfully submitted, Diane Curran HARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009~

(202) 328-3500 July 21, 1988 6 NECNP has consulted with counsel for Applicants regarding this matter and has been informed that Applicants oppose the requested extension.

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vn CERTIFICATE OF SERVICE w 11. 25 M1:37 I certify that on July 21, 1988, copies of the following documents were served by overnight mail or fjrat. class mail, on the individuals listed on the attached servi W 1 g g j NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S BRIEF IN OPPOSITION TO AUTHORIZATION OF LOW POWER OPERATION AT SEABROOK NUCLEAR POWER PLANT NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S THIRD SET OF INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO APPLICANTS ON NBCNP CONTENTION I.B.2 NOTICE OF DEPOSITIONS NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOR EXTENSION OF DISCOVERY SCHEDULE Diane Curran 1

, SEABROOK SERVICE LIST Onsile Licensing Board g q 3,

~qa George Dana Bisbee, Esq. Judith II. Mir. net, Esq.

• • SheMon J. Wolfe, Chairman Geoffrey M. Ilontington, Esq. 79 State St. 2nd floor Atomic Safery and uansing Ibard US Nuclear Regulatory Commission Office of the Attorney General State llouse Annes Newburyport,MA 01950 MM g',y ,

Washiogton, D.C 20$$$ Concord, N1103301 "Thornas G. Dignan, Esq.

RK. Gad 11. Esq. ,.

• 5 Dr. Emmeth A. Luebte Richard A. llampe, Esq. Rops & Gray , ng Atomic Safety and ucensing Board llampe and McNicholas 225 Franklin Sireet f h-UUCMq ; . ,g f ,,

5500 Friendship Boulevard ,35 Pleasant Street Ikston,MA 02110 Apartment 1923N Concord, N1103301 ChesyChase MD 20815 R. Scott tidi-Whilton Gary W. Ilolmes, Esq. lagoulis. Oark. lidi-%%ilton

• • Dr. Jerry liarbour llolmes & Ellis and McGuire Atomic Safety and ucensing Board 47 Winnac 2nnent Road 79 State Street US Nuclear Regulatory Commission llampton, Nil 03&t2 Nemburyport,MA 01950 Washington, D.C 20555 William Armstrong Leonard Koppelman, Esq.

Atomic Safety and Weening Chil Defense Director Barbara J. St. Andre, Esq.

Board Panel 10 Front Street Kopelman & Paige, PC US Nuclear Regulatory Commission Exeter, Nil 03833 77 Franklin Stree Washi:ston, D.C 20555 Ikston, MA 02110 Carvin A. Canney Docketing and Service Branch Oty Manager US Nuclear Regulatory "ommission Oty 11a11 Washington, D.C 20555 126 Daniel Street " Owrnight Delivery Portsmouth, Nil 03801 Jane Doughty SAPL Charles P. Graham, Esq.

5 M rtet Street Murphy & Graham Portsmouth, bli 03801 33 low Street Newburyport, MA 01750 Stailey W. Knomi-Board of Seicetmen Rep. Roberta C. Fewar P.O. Boa 710 Drinkwater Road North flampton, Nil 03826 llampton Falls, Nil 03M4 J.P. Nadeau Phillip Ahrena, Esq.

Toms of Rye Assistant Attorney General 155 Washington Road State llouse, S:stion #6 Rye,NewIfampshire 03870 Augusta,ME 04333 Senator Gordon J. Ilumphrey "Gregory A. Berry, Esq.

US senate Office of General Counsel Washington, D.C 20510 US Nuclear Regulatory Cornmission (Atta Tom Burock) Washington, D.C 20555 Ctrol S. Sneider, Esquire Allen lampft Assistant Attorney General Chil Defense Director i Ashburton Place,19th floor Town of Brentomocd ILrtoe,MA 021M Exeter, N1103833 Mrs. Anne E.Gocximan Matthew T. Brock, Esq.

Board of Selectmen Shaines & McEachern 13-15 New Mariet Road P.O. Ibn yo Durham,N1I 03M2 Maplescod Awnue Portsmouth, NI103e41 Wdliam S. tord, Selectman Toms flat!- Friend Street Sandra Gavutis i Amesbury,MA 01913 RTT) 1, Box 1154 1 East Kensington, h11 03827 l

Robert A. Backus, Esq Backus, Meyer & Solomon Senator Gordon J. Ilumphrey 111 lomeu Street 1 Eagle Square, Ste 507 Manchester, N11 03105 Concord, N1103301 l

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