ML20195F153

Applicant Motion to Compel Answers to Interrogatories Addressed to Atty General of Commonwealth of Ma Re Offsite Emergency Planning Issues.Certificate of Svc Encl.Related Correspondence

ML20195F153
Person / Time
Site:	Seabrook
Issue date:	06/02/1986
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20195F151	List: ML20195F148 ML20195F153
References
OL, NUDOCS 8606090400
Download: ML20195F153 (5)

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Dated: June 2, 1986

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION

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- 1 ATCMIC SAFETY AND LICENSING BOARD ,

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In the Matter of )

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

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues

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APPLICANTS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES ADDRESSED TO THE ATTORNEY GENERAL OF THE COMMONWEALTH OF MASSACHUSETTS l

on April 28, 1986 the applicants served interrogatories upon the Attorney General of the Commonwealth of l Massachusetts (Mass. AG). Responses were due no later than May 14, 1986 under the Board's scheduling order. See also l 10 CFR $ 2.740b(b); 10 CFR $ 2.710. On May 16, 1986, the applicants filed a Motion to Ccmpel. On May 22, 1986 Mass AG filed a response in the form of an objection and Motion for Protective Order.

1. The objection comes too late. Mass. AG elected to file no timely response. Applicants moved for an Order to C606090400 8 0 pnn43 PDR ADOCK 0 .

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Compel at a time when no objection had been made. The regulation is clear: " Failure to answer or respond shall not be excused on the ground that the discovery sought is objectionable unless the person or party failing to answer or respond has applied for a protective order pursuant to paragraph (c) of this section." 10 CFR S 2.740(f)(1).

Having failed to respond at all in a timely fashion, Mass AG cannot now object. .

2. The objection is not well taken. Mass AG, despite attempted assertions to the contrary before the Appeal Board, has always been a 10 CFR S 2.715(c) participant. As such, he is subject to all the rules of procedure and discovery. See Public Service Company of New Hampshire (Seabrook Station, Units 1 & 2), CLI-77-55, 6 NRC535, 537 n.1 (1977); Gulf States Utilities Co. (River Bend Station, Units 1 & 2). ALAB-317, 3 NRC 175, 180 n.7 (1976).

3. Even if the Board should disagree with the legal arguments set forth in paragraphs 1 and 2 above, the Board should still order answers to these interrogatories. The interrogatories are designed to ascertain the answerer's intention as to what it intends to litigate. It is within the Board's discretion to require Mass AG "to indicate with reasonable specificity, in advance of the hearing, the subject matters on which he desires to particpate". 10 CFR

$ 2.715(c).

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f WHEREFORE, the applicants move that an order issue compelling Mass AG to answer the applicants' interrogatories  ;

served April 28, 1986.

i By their' attorneys,

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1 Thomas G.' Dign K Jr.

R. K. Gad III Ropes & Gray .

225 Franklin Street Boston, MA 02110 (617) 423-6100 I

Attorneys for Applicants t

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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on June 2, 1986, I made service of the within document by mailing copies thereof, postage prepaid, to:

Administrative Judge Helen Hoyt Stephen E. Merrill, Esquire Chairperson 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 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Richard A. Hampe, Esquire Boar'd of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Diane Curran, Esquire Sherwin E. Turk, Esquire Harmon & Weiss Office of the Executive Legal Suite 430 Director 2001 S Street, N.W. U.S. Nuclear Regulatory Washington, DC 20009 Commission 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 Atomic Safety and Licensing Mr. Ed Thomas ,

Board Panel FEMA, Region I 1 U.S. Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109 l

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1 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 Floor P.O. Box 360 Boston, MA 02108 Portsmouth, NH 03801 Gary W. Holmes, Esquire Mr. Peter J. Matthews Holmes & Ells Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RED 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, DO 20510 Board of Selectmen (Attn: Tom Burack) Town of Newbury Newbury, MA 01950 Senator Gorden J. Humphrey Mr. J. P. Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn: Herb Boynton) Rye, NH 03870 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH C3833 Amesbury, MA, 01913 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.

Washington, DC 20472 Philip Ahrens, Esquire Assistant Attorney General Department of the Attorney General Augusta, ME 04333 e /

Tho W G.~ DigneEf Jr.