ML20197G690

Joint Motion for Extension of Time Until 860528 for Responding to Interrogatories by New England Coalition on Nuclear Pollution & Seacoast Anti-Pollution League. Certificate of Svc Encl.Related Correspondence

ML20197G690
Person / Time
Site:	Seabrook
Issue date:	05/12/1986
From:	Backus R, Curran D BACKUS, MEYER & SOLOMON, HARMON & WEISS
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20197G669	List: ML20197G663 ML20197G690
References
NUDOCS 8605160360
Download: ML20197G690 (5)

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May 12, 19p67

UNITED STATES OF AMERICA I

l'i 4[ .l j NUCLEAR REGULATORY COMMISSION ". '

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '

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Public Service Company of New )

Hampshire, et. al. ) Docket Nos.

) 50-443, -444 (Seabrook Station, Units 1 and 2) ) OFFSITE EMERGENCY

) PLANNING JOINT MOTION BY NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE, TOWN OF HAMPTON FALLS, AND TOWN OF SOUTH HAMPTON, FOR AN EXTENSION OF TIME FOR ANSWERING INTERRCGATORIES Introduction Despite their diligent attempts to comply with the Board's discovery schedule in this proceeding, the New England Coalition on Nuclear Pollution ("NECNP"), the Seacoast Anti-Pollution Le agu e ( "SAPL") , and the Towns of Hampton Falls and South Hampton, will be unable to complete their responses to the massive volume of interrogatories filed by Applicants and the State of New Hampshire within two weeks of receipt or by May 14, 1986. Therefore, the parties jointly request that the Licensing Board grant an extension for responding to interrogatories until May 28, 1986.

Argument Under the NRC's rules of practice and prccedure, 10 C . F. R.

2.740b(b), parties have 14 days from receipt to answer l interrogatories. The Licensing Board has also established a deadline of May 14, 1986, for answers to the last interrogatories 1

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2-filed before close of discovery.

At the close of the period allotted for discovery in the Seabrook offsite emergency planning proceeding, NECNP, SAPL and the towns of Hampton Falls and South Hampton, received extensive interrogatories from both the Applicants and the State of New Hampshire.

Applicants' voluminous sets of interrogatories and requests for the production of documents sought extensive information regarding every contention admitted to this proceeding, and totaled over 120 pages. At the same time, the State of New Hampshire also served the parties with interrogatories seeking detailed information on the parties' positions in this case.

The movants have diligently attempted to meet the Board's May 14 deadline for answering the Applicants' and the State's interrogatories.

However, the parties have found that the two week period provided by the rules and the Board's order does not provide sufficient time to addr6ss the enormous number of interrogatories and requests for the production of documents served upon them.

In addition, during the two week period provided for answering interrogatories, the parties have had other obligations in this proceeding, including the review of the seventh progress report for the KLD evacuation time study and

.other emergency planning materials sent to the parties by Public 1

The Applicants and State of New Hampshire served their interrogatories and requests for the production of documents by Federal Express on April 28 and April 29, respectively.

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Service Company on April 25, 1986. As directed by the Licensing Board, SAPL was also required to spend a substantial part of that time preparing and filing by May 9,1986, a pleading that addressed the late-filed contention standard for its Third Supplemental Petition to Intervene.

In order to provide sufficient time to answer the interrogatories and requests for the production of documents propounded by Applicants and the State of New Hampshire, NECNP, SAPL and the Towns of Hampton Falls and South Hampton respectfully request a two-week extension of the deadline for answering interrogatories, until May 28, 1986. Because the Board has now postponed the date for commencement of hearings by two weeks, such an extension will cause no additional delay in the hearing schedule.

Respectfully submitted, 0

sea & 6om/Dc Robert A. Ba ck us (

BACKUS, MEYER & SOLOMON Diane Curran HARMON & WEISS 116 Lowell Street 2001 S Street, N.W.

P.O. Box 516 Suite 430

' Manchester, NH 03105' Washington, D.C.

(603) 668-7272 20009 (202) 328-3500 May 12, 1986 '

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CERTIFICATE OF SERVICE I certify that on May 12, 1986, copies of the Joint Motion by NECNP, SAPL, Town of Hampton Falls, and Town of South Hampton, for an Extension of Time for Answering Interrogatories were served on the following by first-class mail or as otherwise indicated:

• Helen Hoyt, Esq. Rep. Roberta C. Pevear Administrative Judge Drinkwater Road Atomic Safety and Licensing Board Hampton Falls, NH 03844 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Dr. Emmeth A. Luebke Phillip Ahrens, Es q .

Administrative Judge Assistant Attorney Atomic Safety and Licensing Board General-U.S. Nuclear Regulatory Commission State House, Station # 6 Washington, D. C. 20555 Augusta, ME 04333

• Dr. Jerry Harbour Robert A. Backus, Esq.

Administrative Judge 111 Lowell Street Atomic Safety and Licensing Manchester,-NH 03105 Board U.S. Nuclear Regulatory Commission ** Thomas G. Dignan, Esq.

Washington, D. C . 20555 R.K. Gad, III, Es q.

Ropes and Gray Atomic Safety and Licensing 225 Franklin Street Board Panel Boston, MA 02110 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel Mrs. Anne E. Goodman U.S. Nuclear Regulatory Board of Selectmen Commission 13-15 New Market Rd. Washington, D.C. 20555 Durham, NH 03824 Docketing and Service *Sherwin E. Turk, Esq.

U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission William S. Lord, Selectman Washington, D.C. 20555 Town Hall - Friend Street Amesbury, MA 01913 Mr. Angie Machiros Chairman, Board Jane Doughty Board of Selectmen SAPL 5 Market St.

Portsmouth, NH 03801

Ca rol S . Sneider, Esquire *H. Joseph Flynn, Esq.

Assistant Attorney General Of fice of General Counsel Department of the Attorney Federal Emergency General Management Agency l Ashburton Place, 19th Floor 500 C Street, SW Boston, MA 02108 Washington, D. C. 20472 Edward A. Thomas *

• George Dana Bisbee, Es q.

FEMA Stephen E. Merrill, Es q.

442 J.W. McCormack Assistant Attorneys General Boston, MA 02109 (POCH) State House Annex Concord, NH 03301 J. P. Nadeu, Selectman Town of Rye Allen Lampert 155 Washington Road Civil Defense Director Rye, NH 03870 Town of Brentwood Exeter, NH 03833 Sandra Gavutis Town of Kensington Richard A. Hampe, Es q.

RFD 1 Box 1154 Hampe and McNicholas East Kensington, NH 03827 35 Pleasant Street Concord, NH 03301 Richard E. Sullivan, Mayor City Hall Gary W. Holmes, Esquire Newburyport, MA 01950 Holmes & Ellis 47 Winnacunent Rd Alfred V. Sargent, Chairman Hampton, NH 03842 Board of Selectmen Town of Salisbury, MA 01950 William Armstrong Civil Defense Director Senator Gordon J. Humphrey 10 Front Street U. S . Senate Exeter, NH 03833 Washington, D.C. 20510 (Attn: Tom Burack) Calvin A. Canney City Manager Selectment of Northampton City Hall Town of Northampton 126 Daniel Street New Hampshire 03862 Portsmouth, NH 03801 3

Senator Gordon J. Humphrey 1 Pillsbury Street Ma thew T. Br ock , Esq. l Concord,'NH 03301 Shaines & McEachern '

P.O. Box 360 Michael Santosuosso, Chairman Maplewood Ave.

Board of Selectmen Portsmouth, NH 03801 Jewell St., RFD (2 South Hampton, NH 03842

• - By Messenger

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Diane Curran ,

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