ML20196D266
| ML20196D266 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/10/1988 |
| From: | Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20196D270 | List: |
| References | |
| CON-#188-5589 OL-1, NUDOCS 8802170062 | |
| Download: ML20196D266 (3) | |
Text
sser February 10, 1988 00LKETED UNITEO STATES NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOAR g g g
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0FFICE OF 3Rnt 1d -
In the Matter of
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00CKEllNG A SEkvlCf.
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BRANC4 Public Service Company of
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New Hampshire, et al.
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Docket Nos. 50-443 OL-1
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50-444 OL-1 (Seabrook Station, Units 1 & 2)
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ONSITE EMERGENCY
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PLANNING & TECHNICAL
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ISSUES NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOP.
LEAVE TO FILE A REPLY TO APPLICANTS' RESPONSE TO NECNP'S MOTION TO COMPEL APPLICANTS TO RESPOND TO NECNP'S SECOND SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ON NECNP CONTENTION IV Intervenor New England Coalition on Nuclear Pollution
("NECNP") moves that the Board allow it to file the attached Rseply to Applicants' Response to NECNP's Motion to Compel Applicants to Respond to NECNP's Second Set of Interrogatories and Request for Production of Documents on NECNP Contention IV, dated February 2, 1988 and received by counsel for NECNP on Feb-ruary 8, 1988, pursuant to its authority under 10 C.F.R. 5 2.730(c).
Granting NECNP an opportunity to file a reply is absolutely critical in this instance to ensure that discovery into a relevant issue in this proceeding is not wrongly foreclosed.
Applicants, in their response, have refused to respond to dis-covery requests about "microbiologically induced corrosion,"
L admittedly a form of biofouling, on the grounds that is not within the scope of NECNP Contention IV, and have attempted to blur the distinction between relevance for discovery purposes and
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. admissibility on the merits.
A reply is necessary to enable NECNP to present counter-arguments and authority for the view that information regarding the adequacy of Applicants' program for detecting and treating microbiological fouling and corrosion may produce information relevant, for purposes of 10 C.F.R. 5 2.74 0 (b) (1), to the adequacy of Applicants' program for treating biofouling.
Where safety is at issue, special care must be exercised to allow all parties a full opportunity to be heard.
Cincinnati Gas and Electric Co. (William H. Zimmer Nuclear Station), 12 NRC 231, 232 n.1 (1980).
Here, the Licensing Board must decide the extent to which discovery into the issue of microbiologically induced corrosion is relevant, and whether or not NECNP must amend its contention in order to litigate this issue.
Accordingly, before NECNP is precluded from discovering relevant information or from litigating this issue as within the scope of NECNP Contention IV as it is now worded, it should be given an opportunity to respond to the arguments and authority contained in Applicants' Response.
Respectfully submitted 1
rea Ferster RARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C.
20009 (202) 328-3500 CERTIFICATE OF SERVICE I certify that on February 10, 1988, copies of the foregoing pleading were served by first-class mail on all parties listed on the attached service list.
Andrea Ferster l
SEABROOK SERVICE UST - ONSITE LICENSING BOARD
'Sheldoo J. Wolfe. Chairman North Hampus. NH 03826 11114wellStreet Atomic Safety and Ucensing Manchester,NH 03105 Charles P. Graham, Esq.
Board J.P. Nadeau McKay, Murphy and Graham U.S. NRC Town of Rye
'Greg Bery 100 Main Street Wa ainston, D.C. 20555 155 Washington Road NRC Amesbury,MA 01913 Rye New Hampshire 03870 1155 Rockvale Pike (Dr Jerry Harbour 1 White Flint North Atos tic Safety and Ucensing Ric; ard E. Sullivan, Mayor '
Rockvdle,MD 20852 Boar d City Hall
- By hand U.S. NRC New buryport.MA 01950 Mr. Angie Machiros,
- Waslington, D.C. 20555 Chairman
" By Overnig'st Mail Alfred V. Sargent, Chairman Town of Newbury (Dr. Emmeth A. Luebke Board of Selectmen Town Hall,25 High Road 5500 Friendship Blvd.
Town of Salisbury, MA 01950 Newbury,MA 01951 Apartment 1923N ChenChase,MD 20815 Senator Gordon J. Humphrey George Dana Bisbee, Esq.
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U.S. Senate Geoffrey M. Huntington, Esq.
.,,. y Atomic Safety and Ucensing Washington, D.C. 20510 OfHee of the Attorney General T
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Board Panel (Atta. Tom Burack)
State House Annex EEV tif c8 hA U.S. NRC Concord,NH 03301
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Washington, D.C. 20555 Selectmen of Northampton L;,
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Northampton, New Hamp-Allen Lampert Atomic Safety and ucensing shire 03826 CM1 Defense Director
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Appeal Board Panel Town of Brentowood Q
U.S. NRC Senator Gordun J. Humphrey Exeter,NH 03833 Washington, D.C. 20555 1 Eagle Square, Ste 507 Concord,NH 03301 Richard A. Hampe, Esq.
Docketing and Service Hampe and McNicholas U.S. NRC MichaelSantosuosso, 35 Pleasant Street Washington, D.C. 20555 Chairman Concord,NH 03301 Board of Selectmen Mrs. Anne E. Goodman JewellStreet, RFD # 2 Gary W. Holmes, Esq.
Board of Sc!cetmen South Hampton,NH 03842 Holmes & Ellis 1315 New Market Road 47 Winnacunnent Road Durham,NH 03842 Judith H.Mizner, Esq.
Hampton,NH 03842 Silverglate, Gertner, et al.
William S. Lord, Selectman 88 Broad Street William Armstrong Town Hall-Friend Street Boston,MA 02110 CiW Defense Director Amesbury,MA 01913 10 Front Street Rep. Roberta C. Pevear Exeter,NH 03833 Jane Doughty Drinkwater Road SAPL Hampton, Falls,NH 03844 CaMn A.Canney 5 Market Street City Manager Portsmouth,NH 03801 Phillip Ahrens, Esq.
City Hall Assistant Attorney General 126 DanielStreet Carol S. Sneider, Esquire State House, Station # 6 Portsenouth,NH 03801 Assistant Attorney General Augusta,ME 04333 1 Ashburton Place,19th Moor Matthew T. Brock, Esq.
Boston,MA 02108 "Thomas G. Dignan, Esq.
Shaines & McEachern R.K. Gad H Esq.
P.O. Box 360 Stanley W. Knowles Ropes & Grmy Maplewood Am.
Board of Selectmen 225 Franklin Street Portsmouth,NH 03S01 P.O. Box 710 Boston, MA 02110 ~~
~ Sandra Gavutis Robert A. Backus, Esq.
RFD 1 Box 1154 Backus, Meytt & Solomon East Kensington,NH 03827
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