ML20196F602
| ML20196F602 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/28/1988 |
| From: | Trout J PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#488-7588 OL, NUDOCS 8812140028 | |
| Download: ML20196F602 (9) | |
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'88 EC -1 A11 :20 November 26,-1988 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
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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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(Seabrook Station, Units 1 and 2)
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(Off-site Emergency
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Planning Issues)
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APPLICANTS' MOTION TO COMPEL RESPONSES FROM MASS AG TO APPLICANTS' REQUEST FOR ADMISSIONS Applicants move that the Board compel the Attorney General for the Commonwealth of Massachusetts ("Mass AG") to answer Applicants' Requests for Admission Nos.
1, 2,
and 7.
Recuest No. 1 "It is the policy and position of the Commonwealth of Massachusetts to utilize fully every available resource, public and private, to respond to a radiolcgical eme rgency. "
Mass AG purported to find the above request "vague and ambiguous", and went on to volunteer his own admission, worded in a way Mass AG found more to his liking.
Mass AG's preferred version is a partial admission of the matters he 8812140020 001128 PDR ADOCK ObOOO443 eda o
b was requested to admit.
As to Mass AG's "objection", the request was not vague or ambiguous in the least.
Mass AG had no difficulty isolating the parts he was unwilling to admit, but then just refused to make his denial plainly.
Applicants move that Mass AG's spurious "objection" be brushed aside, and he be compelled to answer by admitting or denying the truth of the matters stated in the request.
Recuest No. 2 "Pursuant to the FRERP, the 12 federal agencies participating in the FRERP would be obligated to respond to a radiological emergency at Seabrook Station when called upon, in order to meet their statutory and/or regulatory responsibilities."
In JI Contention 10, Intervenors assert that "[t]here is no indication in the SPMC whether any of the 12 Federal agencies participating in the FRERP 'must respond to meet their statutory responsibilities.'"
JI-10 Basis A.1 Applicants requested Mass AG to admit that the 12 agencies would be obligated to respond to a radiological emergency at Seabrook Station when called upon.
Mass AG argues that, without knowing who does the "calling upon", he cannot admit l
the truth of the statement.
Mass AG refrains from stating, t
l 1
Any vagueness in the request is the result of vagueness in the allegation in JI-10 Dasis A.
Mass AG's l
complaint that the request is too vague to answer one way or another is as much as to say his allegation is too vague to l
support litigation.
Applicants move that Mass AG be compelled to answer, or, in the alternative, that the issue raised in JI-10 Basis A be excluded from litigation. -
h however, that the obligation could vary depending on who does the "calling upon."
Mass AG may choose to argue that, depending on the identity of the caller, the agencies may not be obligated to respond, but that is a reason supporting denial of the request, not an objection to it.
Recuest No. 7 "In April, 1988, the Superior court denied the City of Haverhill's request for an injunction against Applicants' use of the Water Strtet Staging Area, and the City of Haverhill then volurA;rily nonsuited itself.
In October, 1988, the Land Court annulled the cease and Desist Order issued by the Bul-\\ ding Inspector of Haverhill against Applicants' use of the Water Street Staging Area."
Mass AG would avoid answerfng this request, and hence eliminating unnecessary litigation, on the ground that he would like to look at the public record to which Applicants referred.
Since Mass AG's contention as to the Haverhill Staging Area -- JI 53 -- is based squarely upon the judicial proceedings about which he now professes ignorance, his evasion is disingenuous at best.
Instead of examining the court record himself, or of simply calling and requesting a copy of a public document he cannot seem to lay his hands on, as he has done many times in the past, Mass AG elected to advance his failure to examine this publicly available document as an argument to avoid i
I responding to the request.
(Applicants were not seeking the document's authentication and so did not attach a copy to l
3 l
h their request, but do so now for the Board's and parties' reference.)
Furthermore, as to Mass AG's complaint that the fact rf whether the Land Court "annulled" a building inspector's order is a question of law, Applicants disagree.
The Land Court stated that it "annulled" the order.
Egg Attachment 5 1.
Its having done so is a fact.
Mass AG may not agree with the Land court, but he cannot dispute the existence of that Court's order.
A proper answer to this request should be compelled.
By their attorneys, f ; 4..,
/,..s i.
Thomas G.
Dignan, Jr.
George H. Lewald Kathryn A.
Selleck Jeffrey P. Trout Jay Bradford Smith Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100
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i5EA1 -
COMM OF MASSACHUSETTS The Land Court On U 3 a m 'a Essex, ss.
LUiD cougr
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NEW HAMPSHIRE DIVISION OF
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No. 127,990 Misc.
PUBLIC SERVICE COMPANY OF
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Plaintiff,
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v.
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JAMES ZATZOS et al.,
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Defendants.
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i
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MASSACHUSETTS ELECTRIC COMPANY,
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No. 128,184 Misc.
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Plaintiff,
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v.
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JAMES ZATZOS <st al.,
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Defendants.
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a INTERLOCUTORY ORDER This matter having come before the Court on a conference attended by counsel of record for all parties, and the parties having agreed that, in order to expedite matters and i
avoid further litigation, without any admission of liability, the Court should enter this Order, now therefore it is i
i ORDERED as follows:
1.
The "Cease and Desist Order" issued by the Building Inspector of Haverhill on February 26, 1988, and the subse-quant proceedings before the Board of Appeals of Haverhill I
thereon are therefore hereby annulled.
t
S 2.
This matter is remanded to the Building Inspector of Haverhill for such sction, if any, as the Building Inspector determines may be warranted under the circum-stances.
3.
The Court retains jurisdiction over this matter for such further proceedings as may be necessary or appropriate as a result of the action resulting, if any, from remand.
4.
No ruling on costs and damages.
By the Court, D
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\\bbw? d
/ John E. FantdnIJr.
pustice Entered, this
, Jay of October, 1988:
- ttest Charles W. Trombly, Jr.
Recorder 4 :.
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y.s CERTIFIC?iTE OF SERVICE
'88 DEC -1 A11 :20 I,
Kathryn A.
Selleck, one of the attorneys for the Applicants herein, hereby cartify that on November 28, 1988,, '. r [.
I made service of the within document by depositing copiesJ thereof with Federal Exprens, prepaid, for delivery to (or, where indicated, by deposi*:ing in the United States mail, first class postage paid, uddressed to):
Administrative Judge Ivan W. Snith 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 Board Panel Harmon, Curran & Tousley U.S.
Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washing *.on, 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 Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesca, MD 20814 Adjudicatory File Sherwin E.
Turk, Esquire Atomic Safety and Licensing Office of General Counsel 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.
l 4350 East West Highway 11555 Rockville Pike Bethesda, MD 20814 Rockville, MD 20852 l
- Atomic Safety and Licensing Robert A.
Backus, Esquire l
Appeal Board Panel 116 Lowell Street
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U.S. Nuclear Regulatory P. O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 l
k
r Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T.
Drock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Ave 7.uc General P.O.
Box 360 One Ashburton Place, 19th Fl.
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 Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, Hill-Washington, DC 20510 Whilton & McGuire (Attn:
Tom Burack) 79 State Street Newburyport, MA 01950
- Senator Gordon J. Humphrey Leonard Kopelman, Esquire One Eagle Square, Suite 507 Kopelman & Paige, P.C.
Concord, NH 03301 77 Franklin Street (Attn:
Herb Boynton)
Bost.n, MA 02110 Mr. Thomas F. Powers, III Mr. William S.
Lord Board of Selectmen Town Manager Town Hall - Friend Street Town of Exeter 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Charles P. Graham, Esquire Office of General Counsel Murphy and Graham Federal Emergency Management 33 Low Street Agency Newburyport, MA 01950 500 C Street, S.W.
Washington, DC 20472 Gary W. Holnes, Esquire Richard A. Hampe, Fsquire Holmes & Ells Hampe and McNicholas 47 Winnacurnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 I
t Mr. Richard R.
Donovan Judith !!. Mizner, Esquire Federal Emergency Management 79 State Street, 2nd Floor Agency Newburyport, MA 01950 Federal Regional Center 130 228th Street, S.W.
Bothell, Washington 98021-9796 Ashod N. Amirian, Esquire 145 South Main Street P.O.
Box 38 Bradford, MA 01835 Robert R. Pierce, Esquire John H.
Frye, III, Alternate Atomic Safety and Licensing Chairman Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S.
Nuclear Regulatory East West Towers Building Commission 4350 East West Highway East West Towers Building Bethesda, MD 20814 4350 East West Highway Bethesda, MD 20814 James H. Carpenter, Alternate Technical Member Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 AlMI yht[n%. ' SelIsck
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