ML20197J804

Responds to Applicant Offsite Emergency Planning Interrogatories & Request for Production of Documents. Interrogatories & Request for Production May Only Be Served on Party.Certificate of Svc Encl.Related Correspondence

ML20197J804
Person / Time
Site:	Seabrook
Issue date:	05/16/1986
From:	Ahrens P MAINE, STATE OF
To:	PUBLIC SERVICE CO. OF COLORADO
Shared Package
ML20197J796	List: ML20197J794 ML20197J804
References
OL, NUDOCS 8605200175
Download: ML20197J804 (6)

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NUCLEAR REGULATORY COMMISSION '

l Y BEFORE THE ATOMIC SAFETY AND LICENSING BOARD MAY 1919BN 9'

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Public Service Company of New ) Docket Nos. ~l'-

Hamp' shire, et al. ) 50-443, -444

) OFFSITE EMERGENCY (Seabrook Station, Units 1 and 2) ) PLANNING

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STATE OF MAINE RESPONSE TO APPLICANTS' OFF-SITE EP INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS (Set No. 1)

The State of Maine, which has been admitted to this operating license' proceeding solely on the basis of its status as an interested State, has been served by the applicant with a request for production of documents and over 120 pages of interrogatories relating to the emergency planning contentions admitted by the Board.1' The State answers the l' Answers to the interrogatories are due on May 14, 1986.

10 C.F.R. S 2.740b. After service of the requested discovery, attempts were made by the State of Maine and the applicant to resolve questions posed by the State concerning whether the State was obliged to respond to the interrogatories. The applicant, in the course of these discussions, stated that it assents to the filing of this response on this date.

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interrogatories and the request for production of documents as follows: .

1. The State objects to the interrogatories and the request for production of documents on the ground that such discovery may be served only upon a " party." 10 C.F.R.

$ 2.740b; 10 C.F.R. S 2.741. The State of Maine has been admitted to this proceeding as an " interested state" and as yet has filed no contentions of its own. See 10 C.F.R. $ 2.715(c)

(" participation by a person not a party," emphasis added),

which reads in part:

"The presiding officer will afford representatives of an interested State . . . a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the Commission without requiring the representative to take a position with respect to the issue . . .. "

To the extent that the applicants intend to move to compel answers to its interrogatories and request for production of documents, the State of Maine hereby moves for a protective order that such discovery not be had. 10 C.F.R.S 2.740(c).1'

2. The NRC rules of procedure specifically allow an interested State to participate in an operating license l' The State of Maine is unaware of NRC precedent on point. However, at least one case has made clear that "an interested state" is not the same as a " party." See Texas Utilities Generating Company, et al., (LBP-83-35), 18 NRC 40, 43 (1983) (in determining who could conduct an investigation of whether the applicant discouraged the filing of non-conformance or deficiency reports, the licensing board pointed out in that case that "There is a party and an interested state.")

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proceeding without requiring it to take a a position with regard to the issues. 10 C.F.R. S 2.715(c). The .

interrogatories and request for production of documents served on the State of Maine by the applicant deal solely with emergency planning contentions submitted by other parties and participants to this proceeding; no emergency planning contention as yet has been proposed or adopted by the State of Maine. The interrogatories and request for production of documents clearly are intended to determine the positions taken by those persons proposing or adopting the admitted emergency planning contentions and as such are not required to be answered by the State of Maine pursuant to'10 C.F.R.

S 2.715(c). Accordingly the State of Maine reserves its rights to participate in this proceeding as outlined in S 2.715(c).

The applicant has indicated to the undersigned that the foregoing response is satisfactory for purposes of responding to the interrogatories and request for production of documents and that the Board need not act on the State of Maine's motion for a protective order.

Dated: May 16, 1986 PHILIP AHRENS Deputy Attorney General State House Station #6 Augusta, Maine 04333 Tel. (207) 289-3661 Attorney for State of Maine ic - . . :- .. : -m , . . ::_ .,. ;c.a ..:. - nw .. ~ ~ ;- . . .

.4 CERTIFICATE OF SERVICE I, Philip Ahrens, attorney for the State of Maine, hereby ,

certify that on May 16, 1986, I made service of the within

" State of Maine Response to Applicants' Off-Site EP Interrogatories and Request for the Production of Documents (Set No. 1)" by depositing copies thereof in the United States mail, first class postage paid, addressed to:

Helen Hoyt Stanley W. Knowles, Administrative Judge Board of Selectmen Atomic Safety and Licensing P.O. Box 710 Board North Hampton, NH 03862 U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Emmeth A. Luebke Diane Curran, Esquire Administrative Judge Harmon & Weiss I Atomic Safety and Licensing 2001 S Street, N.W.

, Board Suite 430 l U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 Dr. Jerry Harbour Stephen E. Merrill Administrative Judge Attorney General Atomic Safety and Licensing Board George Dana Bisbee U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, DC 20555 Office of the Attorney General i 25 Capitol Street l Concord, NH 03301-6397 L

l Atomic Safety and Licensing Sherwin E. Turk, Esquire l Board Panel Office of the Executive Legal i

U.S. Nuclear Regulatory Commission Director Washington, DC 20555 U.S. Nuclear Regulatory Commission, Atomic Safety and Licensing Tenth Floor Appeal Board Panel 7735 Old Georgetown Road U.S. Nuclear Regulatory Commission Bethesda, MD 20814 Washington, DC 20555

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Paul McEachern, Esquire Robert A. Backus, Esquire Matthew T. Brock, Esquire 116 Lowell Street Shaines & McEachern P.O. Box 516 .

25 Maplewood Avenue Manchester, NH 03105 P.O. Box 360 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. J.P. Nadeau Chairman, Board of Selectmen Selectmen's Office RFD 1, Box 1154 10 Central Road Route 107 Rye, NH 03870 Kensington, NH 03827 Senator Gordon J. Humphrey Carol S. Sneider, Esquire U.S. Senate Assistant Attorney General Washington, DC 20510 Department of the (Attn: Tom Burack) Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Senator Gordon J. Humphrey Mr. Calvin A. Canney 1 Pillsbury Street City Manager Concord, NH 03301 City Hall

.(Attn: Herb Boynton) 126 Daniel Street Portsmouth, NH 03801 Mr. Donald E. Chick Mr. Angie Machiros Town Manager Chairman of the Town of Exeter Board of Selectmen 10 Front Street Town of Newbury Exeter, NH 03833 Newbury, MA 01950 Mr. Peter J. Matthews Mr. William S. Lord Mayor, Board of Selectmen City Hall Town Hall - Friend Street Newburyport, MA 01950 Amesbury, MA 01913 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Brentwood, NH 03833 Management Agency 500 C Street, S.W.

Washington, DC 20472 i

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Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 36 Pleasant Street .

Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Thomas Dignan, Esquire FEMA, Region I Ropes & Gray 442 John W. McCormack Post 225 Franlin Street Office and Court House Boston, MA 02110 Post Office Square Boston, MA 02109 Paul McEachern, Esquire Matthew T. Brock, Esquire Shaines & McEachern 25 Maplewood Avenue Portsmouth, NH 03801

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.5 FHILIP 48RENS Deputy Attorney General

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