ML20198T095

Joint Objection to Applicant 860428 Motion for Order Compelling Answers to Interrogatories & Joint Motion for Protective Order.W/Certificate of Svc & Svc List.Related Correspondence

ML20198T095
Person / Time
Site:	Seabrook
Issue date:	06/06/1986
From:	Backus R BACKUS, MEYER & SOLOMON, HAMPTON FALLS, NH, SEACOAST ANTI-POLLUTION LEAGUE, SOUTH HAMPTON, NH
To:	Atomic Safety and Licensing Board Panel
References
CON-#286-503 OL, NUDOCS 8606110306
Download: ML20198T095 (5)

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NUCLEAR REGULATORY COMMISSION g_ g before the v [Tmd' ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al Docke Nos. 50-443 OL 50-444 OL (Seabrook Station, Units 1 and 2) (Off-Site EP) 4 JOINT OBJECTION BY SEACOAST ANTI-POLLUTION LEAGUE, TOWN OF HAMPTON FALLS AND TOWN OF SOUTH HAMPTON TO APPLICANTS' MOTION FOR AN ORDER COMPELLING ANSWERS TO INTE RROG ATO RIES, AND JOINT MOTION FOR PROTECTIVE ORDER On April 28, 1986, Applicants filed interrogatories and requests for production i of documents to the Seacoast Anti-Pollution League, Town of Hampton Falls and Town of South Hampton, as well as other parties to this proceeding. Interrogatories consisted of " General Interrogatories" numbered G-1 to G-9 as well as " Specific Interrogatories" directed to every one of the contention extant in the proceeding introduced by each of the intervening parties.

Responses to Applicants' interrogatories were filed by Seacoast Anti-Pollution League, Town of Hampton Falls and Town of South Hampton by -the May 14, 1986 deadline for response. In each instance, each of the above-named parties responded in good faith to the " General Interrogatories" and only to those " Specific Interrogatories" directed to the contentions of each respective party.

A motion had been filed with the Board on May 12, 1986, by the New England 860611030A 8AOAOA PDR ADOCK 05000443 o G PDR T)S0y

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Coalition on Nuclear Pollution and joined in by SAPL, Town of Hampton Falls and Town of South Hampton that sought an extension of time for answering interrogatories until May 28,1986.

That motion was denied by order of the Board on May 13, 1986.

Applicants' interrogatories were served on the parties on the last day of the discovery period. SAPL, Hampton Falls and South Hampton each were requested to respond to a hail of questions covering roughly 120 pages which sought extensive information about each and every contention admitted to this proceeding. As previously stated, SAPL, Hampton Falls and South Hampton dealt with this burdensome situation by responding in good faith to the general interrogatories as they were relevant and by responding only to the specific interrogatories directed to each party's own contentions. SAPL clearly stated that SAPL intends only to participate in the contentions of other parties to the extent of cross examination. Though South Hampton and Hampton Falls did not specifically so mention, they too only intend to participate in the contentions i

l of other parties to the extent of cross examination.

On May 27,1986, Applicants filed a motion for an order to compel answers to interrogatories by Hampton Falls, SAPL and South Hampton as well as Kensington.

Applicants claim that because they have elected to define the term " litigate" to mean "to cross examine on" that therefore applicants have the right to compel answers to an excessive and unreasonable number of questions. Further, Applicants complain that Hampton Falls, SAPL and South Hampton did not respond to general interrogatories G-1 - G-3. General Interrogatory G-1 sought information about documents relied upon to answer interrogatories. SAPL, Hampton Falls and South Hampton have already mentioned all of the. relevant documents of which they are aware in the context of answers to the specific interrogatories. General Interrogatory G-2 sought information about studies, i

calculations or analyses relied upon in answering specific interrogatories. Again, as I

with the documents, to the extent to which SAPL, South Hampton or Hampton i

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Falls were aware of any studies, calculations or analyscs and relied upon them to answer these interrogatories, they have already been mentioned in the context of answers to the specific interrogatories. General interrogatory G-3, as applied to each and every specific interrogatory, as the Applicants intend, goes beyond annoyance as described at part c of 10 CFR 6 2.740 into sheer harassment, it states as follows:

G-3. With respect to your answers to each of the specific interrogatories that follow (other than the last interrogatory in each series, relating to expert witnesses),

is your answer based upon conversations, consultations, correspondence or any other type of communication with one or more individuals? If so, please:

(a) Identify each such individual.

(b) State the educational and professional background of each such individual, including occupation and institutional affiliates.

(c) Describe the nature of each communication with each such individual, when it occurred, and identify all other individuals involved.

, (d) Describe in detail the information received from each such individual and explain how it provides a basis for your answer.

(e) Identify each letter, memorandum, tape, note or other record related to each conversation, correspondence, or other communication with such individual.

To expect that this general interrogatory should be responded to for each and every specific interrogatory is unreasonable and unduly burdensome. SAPL, South flampton and Hampton Falls have made a good faith effort to provide information of this nature in the context of the response to specific interrogatories where such information was relevant. To expect more would be unjust, onerous and oppressive.

, Wherefore, SAPL, South Hampton and Hampton Falls object to the Applicants' Motion to Compel any additional response and move that the Board issue a protective order for the parties named herein to protect said parties from annoyance, oppression and undue burden. Justice so requires.

Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE, TOWN OF SOUTH HAMPTON, TOWN OF HAMPTON FALLS By Their Attorney,

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f' B fAtobprt A. Bactus ACKUS, MEYER & SOLOMON P. O. Box 516 Manchester, NH 03105 (603)668-7272 I hereby cer t i fy that copies of the enclosed Joint Obj ection have been sent to all parties on the enclosed service list.

e A. Backus

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CERTIFICATE OF SERVICE AND SERVICE LIST Jose Asst.Gn.Cnsl. Helen Hoyt. Chm. Thomas Dignan, Esq.

Fed. ph Flynnhigmt.

Emerg. Agcy. Admn. Judge Ropes & Gray 500 C.St. So. West Atomic Safety & Lic Brd. 225 Franklin St.

Washington, DC 20472 USNRC Boston, MA 02110

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Washington, DC 20555 Office of Selectmen Dr. Jerry Harbour Docketing & Serv. Sec.

Town of Hampton Falls Admin. Judge Office of the Secretary Hampton Falls, NH 03844 Atomic Safety & Lic Brd. USNRC USNRC Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq. Jane Doughty Dr. Emmeth A. Luebke Office of Exec. Legl. Dr. Admin Judge SAPL USNRC Atomic Safety & Lic. Brd. 5 Market Street Wahsington, DC 20555 USNRC Portsmouth, NH 03801 Washington, DC 20555 Phillip Ahrens, Esq. Paul McEachern, Esq. George Dana Bisbee, Esq.

Asst. Atty. General Matthew Bruck, Esq. Attorney General's OFF.

State House, Sta. #6 25 Maplewood Ave. State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsnouth, MI 03801 Carol Sneider, Esq., Asst.AG Diane Curran, Esq. William S. Iord One Ashburton Place, Harmon, Weiss Board of Selectmen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.

Boston, MA 02108 Washingcon, DC 20009 Amesbury, MA 01913 Richard A. Hampe, Esq. Maynard Young, Chairman Sandra Gauvutis New Hampshire Civil Defense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Hanpa & McNicholas Rye, MI 03870 East Kensington, NH 03827 35 Pleasant St.

Concord, NH 03301 Edward Thocas Mr. Robert Harrison FEMA Pres, & Gief Exec. Officer 442 J.W. McCon:nck (POCH) PSCO Boston, MA 02109 P.O. Box 330 Manchester, NH 03105 Roberta Pevear State Rep.-Town of Hanpt Falls Drinkwater Road Hanpton Falls, MI 03844 June 6,1986 The above have been sent first-class, postage prepaid, a copy of the enclosed.

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