ML20151Y880
| ML20151Y880 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/28/1988 |
| From: | Flynn H Federal Emergency Management Agency |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20151Y862 | List: |
| References | |
| OL, NUDOCS 8805050137 | |
| Download: ML20151Y880 (9) | |
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April 28, 1988
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UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSICN 4
BEFORE THE ATCHIC SAFETY AND LICDiSING BOARD JUDGE IVAN W. SMITH, CHAIRMRI 4
JUDGE JERRY HARBOUR
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JUDGE GUSTAVE A. LINDIBERGER, JR.
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In the Matter of
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Public Service Co. of New Hampshire,
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Docket No. 50-443-OL 50-444-CL
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et al.
Offsite Emergency
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(Seabrook Station, Units 1 & 2)
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Planning Issues
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)
OV OPPOSITION OF TICE FEDERAL DeIRGDICY MRIAGEMRJT AGDICY (FDeA) TO THE MOTICN CF THE TOWN CF FAMPTCN TO COMPEL ANSWERS OF DEPCflDJT (EDWARD A. THCFAS)
The Federal Emergency Management Agency (FEMA) op;cses the motion of the Town of Harepton to have the deposition of Edward A. Thomas reopened so that the witness may be compelled to answer certain questions which he was directed not to answer by counsel for FD'A.
The bases for the opposition are that the questions will not elicit information which is admissable at hearing or In that reasonably calculated to lead to the discovery of such information.
regard, counsel for FD'A respectfully refers the Atomic Safety and 8805050137 080428 PDR ADOCK 05000443 G
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Licensing Board to FU N s opposition to the Application (of the Intervenors)
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for Subpoenas Requiring Attendance and Testimony of Particular Named TEMA i
Employees, which is filed herewith, and the attached letter of April 20, 1988, j
to Matthew Brock, Esquire.
4 Respectfully submitted,
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H. JOSEPH JL'am f
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Assistant' General Counsel Federal Emergency Management Agency i
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Federal Emergency Management Agency
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0 April 20, 1988 Matthew T. Brock, Esquire Shaines & McEachern 25 Maplewood Avenue Portsmouth, New Hampshire 03801 Re:
Public Service of New Hampshire Docket Nos. 50-443/444-CL Motion to Compel An=wers
Dear Matt:
This will confirm our telephone conversation of April 18.
I called you in response to your Motion to Compel Answers of the Deponent because I wanted to provide information which was not apparent f rom the transcript of the deposition of Mr. Edward A. Thomas on April 4, 1988.
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In that deposition, at two different places (pages 3-10 and 3-15), I objected and directed Mr. Thomas not to answer the pending qusstion.
The bases for the objection which I announced at the time were that the questions were irrelevant and beyond the proper scope of discovery. My point, on which I elaborated in our telephone conversation, was that the answers would only develop subject matter which is quite beyond the contentions which remain to be heard and the Atomic Safety and Licensing Board has indicated there is no need to go into.
It is my understanding that Mr. Thomas was referring to three onversations on two slightly different subjects.
The first subject was Mr.
Dignan's "blood on the floor" comments, which Mr. Cumming and I reported to Mr. Thocas in separate conversations. The second subject was the conversation in which Mr. Dignan commented to me that the Commonwealth's Attorney might be interested in a transcript of his voir dire examination of Mr. Thomas. George Watson and I discussed this with Mr. Thomas the next morning over breakf ast.
That subject has been brought to the attention of the ASLB twice already, despite my suggestion that it was unnecessary and inappropriate. My recollection is that Chairman Smith was most emphatic in expressing his desire not to revisit that subject.
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In my view, as I exprersed in our conversation, there is no plausible connection between pressure brought to bear on Mr. Thomas and FD%'s change in position since Mr. Thomas's position is essentially unchanged.
I will be e
developing this view further when I respond to your Motion.
I understand your point to be that the pressure was directed at FD% in the first place and not Mr. Thomas or that if the Applicant was trying to pressure Mr. Thomas it may also have been trying to pressure FD%.
I submit that the details vf those two episodes have already been explored to the point of redundancy and I continue to maintain that that is not what the upcoming hearing is about.
I appreciato your courtesy to me throughout this litigation and the cordial manner in which we have been able to discuss our differences.
Sincerely, H. Joseph Flynn, Assistant General Counsel ec: Edward Thomas Stephen Olesky Robert Backus Ellyn Weiss Thomas Dignan Sherwin Turk i
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00t.KETE0 UWC
'88 MY -3 P6 '41 April 29, 1988 0FFICE M ii Jr.W '
00CKli4G A M"*di UNITED STATES dNMIRICA E
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICDJSING BOARD JUDGE IVAN W. SMITH, CHAIRPRJ JUDGE JERRY HARBOUR JUDGE GUSTAVE A. LINENBERGER, JR.
)
In the Matter of
)
)
Public Service Co. of New Hampshire,
)
Docket No. 50-443-OL et al.
)
50-444-OL
)
Offsite Dnergency (Seabrook Station, Units 1 f, 2)
)
Planning Issues
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Opposition of the Federal Emergency Management Agency (FEMA) to the Application (of the Intervenors] for Subpoenas Requiring Attendance and Testimony of Particular Named FD'.A Dnployees and Opposition of the Federal Emergency Management Agency to the Motion (of the Town of Hampton] to 0,octpel Answers of the Deponent have been served on the following by depositing them with the U.S. postal Service on this 29th day of April, 1988.
In addition, a copy was hand-delivered to Ellyn Weiss, Esquire on April 28, 1988.
Ivan W. Smith Esq., Chairman Atomic Safety and Licensing Board Nuclear Regulatory Connission East West Towers Building 4350 East West Highway Bethesda, Maryland 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Cocrnission Bethesda, Marylacti 20555 L
4
.0 Paul McEachern, Esq.
Mathew T. Brock, Esq.
Shaines & McEachern Post Office Box 360 Portsmouth, NH 03801 Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (PCCH)
Boston, MA 02109 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Allen Lampert Civil Defense Director Town of Brentwood 20 Franklin Street Exeter, NH 03833 Angie Machiros, Chairman Board of Selectmen 25 High Road Newbury, MA 01950 Jerard A. Croteau, Constable 82 Beach Road P.O. Box 5501 Salisbury, MA 01950 Diane Curran. Esq.
Harmon & Weiss 2001 S Street, N.W.
Suite 430 Washington, D.C. 20009 Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station, #6 Augusta, ME 04333 Thomas G. Dignan, Jr., Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110
r Gustave A. Linenberger, Jr.
Administrative Judge Atamic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 Beverly Hollingworth 209 Winnacunnet Road Hampton, NH 03842 Sandra Gavutis, Chairinan Board of Selectmen RFD 1 Box 1154 Route 107 Kensington, NH 03827 Carol S. Snieder Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Stephen E. Merrill Attorney General George Dana Bisbee Office of the Attorney General 25 Capitol Street Concord int 03301-6397 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 35 Pleasant Street Concord, NH 03101 Calvin A. Canney, City Manager City Hall 126 Daniel Street Portsmouth, tai 03801 Robs;rta C. Pevear State Representative Town of Hampton Falls Drinkwater Road licopton Falls, NH 03844 Robert A. Backus, Era.
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106
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i Atomic Safety and Licensing Board U.S. Nuclear Regulatory Consnission Washington, D.C. 20555 Docket and Service Section Office of the Secretary U.S. Nuclear Regulatory Consnission i
Washington, D.C. 20555 J.P. Ncdeau, Esq.
5410ctmen's Representative 4
Board of Selectmen 10 Central Road Rye, NH03870 i
i Michael Santosuosso, Chai s Board of Selectmen South Hampton, NH 01913 Mr. Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 William Armstrong l
Civil Defense Director Town of Exeter 10 Front Street Exeter, NH 03833 Peter J. Matthews, Mayor City Hall Newburyport, PA 01950 f
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William S. Lord Board of Selectmen Town Hall - Friend Street Arnesbury, PA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen i
13-15 Newmarket Road l
Durham, NH 03824 Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 s
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~ Sherwin " Turk, Esq.
' Office'ot vs. Executive, Legal Director U.S. Nucl( - Regulatory Comission Tenth Floo 7735 Old Georgetown Road Bethesda, MD 20814
" Oceste Russ Pirfo, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Comission
. Washington, DC 20555 Senator Gordon J. Humphrey U.S.-: Senate Washington, D.C. 20510 (Attn: Herb Boynt.on) i Senator Gordon J. Humphrey
- 1 Pillsbury Street Concord, NH 03301 (Attn: - Herb Boynton)
Thomas F. Powers, III Town Manager Town of Exeter 10 Front Street Exeter, NH 03833 Brentwood Board of Selectmen RFD Dalton Road Brentwood, NH 03833 Dated: April 28, 1988 i
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'H Jp!iEPH f Assistant' eneral sel Federal Emergency Management Agency i
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