ML20151X103

Memorandum.* Imposition of Limitation Upon Conduct of Evidentiary Hearing on 880502 Preventing Any Employee or Contractor to FERC from Being Called as Witness Re FEMA Position on Beach Issue.Served on 880429

ML20151X103
Person / Time
Site:	Seabrook
Issue date:	04/29/1988
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
CON-#288-6186 OL, NUDOCS 8805040055
Download: ML20151X103 (2)

Text

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. ,. ~ 6 /96 00LnE iil UNITED STATES OF AMERICA WEC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOAR'E APR 29 A11 :30 Administrative Judges:

OFF (CL Or it titIAr. f Alan S. Rosenthal, Chairman ApriY b M kb Thomas S. Moore Howard A. Wilber 3 SERVED APR 2 9 1983 In the Matter of )

)

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

)

(Seabrook Statien, Units 1 ) (Of fsite Emergency Planning) and 2) )

)

MEMORANDUM In response to its April 28, 1988 certified question, the Licensing Board is advised as follows:

The single limitation we have imposed upon the conduct of the evidentiary hearing scheduled to begin on May 2 is that, pending our further order, no person in the employ of the Federal Emergency Management Agency or under contract to that agency may be called as a witness by any party or the Licensing Board for the purpose of explaining, defending or challenging any FEMA position on the beach sheltering issue.1 Subject to that limitation, the Licensing Board I

We do not know whether the intervenors intend to seek the testimony of one or more FEMA employees who might be in disagreement with the current agency position. Although such an individual would not be appearing "on behalf of FEMA" within the meaning of our April 27, 1988 memorandum, (Footnote Continued) 8805040055 000429 PDR ADOCK 05000443 t/

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remains free to grant such requests, if any, for relief in connection with the hearing as it may deem meritorious in the circumstances.

FOR Ti!E APPEAL BOARD b.bm4N%. -

C. J Secre(an

aryShoemaker to the Appeal Board i

f (Footnote Continued) it nonetheless seems advisable to subject his or her testimony to the limitation, t

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