ML20155A789
| ML20155A789 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/03/1988 |
| From: | Trout J PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#488-7205 OL, NUDOCS 8810060075 | |
| Download: ML20155A789 (6) | |
Text
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7A0;6 DOCMETED Uw:c 28 DCT ~4 An :09 f
crs:. October 3, 1988 00:C ',
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD i
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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Off-site Emergency (Seabrook Station, Units 1 and 2)
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Planning Issues
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APPLICANTS' RESPONSE TO MOTIONS FOR PROTECTIVE ORDER BY TON. TOWN. AND CON l
On August 31, 1988, Applicants filed their "First Set of Interrogatories and First Request for Production of Documents
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to All Parties and Participating Local Governments Regarding Contentions on the Seabrook Plan for Massachusetts Communitiec" (hereinafter "SPMC Interrogatories").
On September 16, 19, and 20 respectively, the Town of Newbury
("TON"), the Town of West Newbury ("TOWN"), and the City of Newburyport ("CON") filed motions for protective orders t
i 8010060075 001003 PDR ADOCK 05000443 C
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against answering certain questions propounded and producing certain documents requested in the SPMC Interrogatories.1 During the week of September 26, Applicants engaged in a series of negotiations with TON, TOWN, and CON.
As a result of these negotiations, these three Intervenors each agreed to file supplemental answers to the SPMC Interrogatories and to produce additional documents.
Applicants reached similar agreements with the Town of Salisbury ("TOS") and the Attorney General for the commonwealth of Massachusetts ("Mass neither of whom had moved for a protective order.2 AG"),
In order to preserve their rights, Applicants hereby make a pro forma motion that TON, TOWN, CON, TOS, and Mass AG be compelled to answer Applicants' SPMC Interrogatories and produced the documents requested therein.
- However, Applicants are confident that the issues that would be raised by such a motion will be mooted by the supplemental responses that the five Intervonors have undertaken to provide.
Accordingly, Applicants respectfully request that the Board take no action on this pro forna motion, and indefinitely extend the time for reply to it, unless and until Applicants 1
TOWN'S answers were filed three days late, with no explanation and without any motion for an extension.
2 In addition, Applicants and Town of Amesbury ("TOA")
engaged in negotiations that appreciably narrowed the issues between them resulting from TOA's interrogatory responses of September 14, 1988 and Applicants' motion to compel of September 26.
O advise the Board that one or more of the negotisted settlements of the parties' disputes have broken down.
By their attorneys,
.f; t,
f s ".;.r.,1 Thomas G.
Dignan, Jr.
Katnryn A. Selleck Jeffrey P. Trout Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 9
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..wC CERTIFICATE OF SERVICE 13 ET -4 M1 :09 I, Jeffrey P. Trout, one of the attorneys for the Applicants herein, hereby certify that on October 3N'1968, 'I made service of the within document by depositing c$fies2,.j;~,'
d, thereof with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):
Administrative Judge Ivan W. Smith Robert Carrigg, Chairman Chairman, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office U.S.
Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Gustave A. Linenberger Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Harmon & Weiss Board Panel U.S.
Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E.
Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S.
Nuclear Regulatory Assistant Attorney General Office of the Attorney General Commission East West Towers Building 25 Capitol Street 4350 East West Highway concord, NH 03301-6397 Bethesda, MD 20814 Sherwin E. Turk, Esquire Adjudicatory File Office of General Counsel Atomic Safety and Licensing Board Panel Docket (2 copies)
U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th Fl.
4350 East West Highway 11555 Rockville Piko Bethesda, MD 20814 Rockville, MD 20852
- Atomic Safety and Licensing Robert A. Backus, Esquire 116 Lowell Street Appeal Board Panel U.S. Nuclear Regulatory P.
O.
Box 516 Manchester, NH 03105 Commission Washington, DC 20555
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Mr. J. P. Nadeau Philip Ahrens, Esquire Selectmen's Office Assistant Attorney General 10 Central Road Department of the Attorney General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Fl.
P.O. Box 360 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 126 Daniel Street Route 107 Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire Lagoulis, Clark, Hill-U.S. Senate Washington, DC 20510 Whilton & McGuire (Attnt Tom Burack) 79 State Street Newburyport, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attnt Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Board of Selectman Town Manager Town Hall - Friend Street Town of Exeter 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire charlen P. Graham, Esquire Office of General Counsel Murphy and Graham Federal Emergency Management 33 Low Street Newburyport, MA 01950 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Hampe and McNicholas Holmes & Ells 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 o
4 Judith H. Mizner, Esquire Mr. Richard R.
Donovan 79 State Street, 2nd Floor Federal Emergency Management Newburyport, MA 01950 Agency Federal Regional Center 130 228th Street, S.W.
Bothell, Washington 98021-9'/96 Ashod N. Amirlan, Esquire Lennard Kopelman, Esquire Kopelman & Paige, P.C.
376 Main Street Haverhill, MA 01830 77 Franklin Street Boston, MA 02110 Robert R. Pierce, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 i
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Jeffre'y P. Trout l
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