ML20199K776

Joint Motion for Reconsideration of 860624 Order Granting Applicant Motion to Compel Responses to Interrogatories. Certificate of Svc Encl.Related Correspondence

ML20199K776
Person / Time
Site:	Seabrook
Issue date:	07/03/1986
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-#386-863 OL, NUDOCS 8607090242
Download: ML20199K776 (3)

Text

'h h.. ,. scuTED cowt.Srp0ft9EMBE UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION 00CKETED before the USNRC ATOMIC SAFETY AND LICENSING BOARD in the matter of QFFICE OF SECRETARY u0CKEIING .*. SERylc[

PUBLIC SERVICE COMPANY OF BRANCH NEW H AMPSHIRE, ET AL Docket Nos. 50-443-O L 50-444-O L (Seabrook Station, Units 1 and 2) Off-Site Emergency Planning and Safety issues Joint Motion for Reconsideration by SAPL, Hampton Falls and South Hampton of Board Order of June 24, 1986 Granting Applicants' Motion to Compel Responses to Interrogatories The Seacoast Anti-Pollution League, Town of Hampton Falls and Town of South Hampton hereby move that the Board reconsider its Order of June 24, 1986 granting the Applicants' motion to compel responses to interrogatories addressed to Offsite EP issues raised by other parties.

The instant situation wherein the Applicants' are seeking to compel responses to interrogatories that are not directed to the contentions sponsored by the interrogee parallels a situation that arose earlier in this very same case. On December 8,1982, Applicants filed interrogatories with SAPL and the State of New Hampshire which sought to compel answers to interrogatories other than those being sponsored by said parties.

Both parties filed answers, New Hampshire's on January 17, 1983 and SAPL's (undated) received by the Board on January 21, 1983. The Applicants then, as now, filed a Motion to Compel Answers. SAPL and New Hampshire filed responses seeking protective orders on February 1,1983 and February 9,1983 respectively. This Board, by order of March 1,1983, ruled in relevant part that interrogatories that address contentions that are not sponsored by the interrogee and that will not be the subject of direct testimony P#

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proferred by the interrogee do impose a considerable burden and, accordingly, this Board granted a protective order. SAPL, South flampton, and Hampton Falls ask that this Board reconsider its instant ruling in light of its prior ruling of March 1,1983, since this ruling would appear to be fully applicable in the present circumstances. This Board said then:

The scope of the contention and issues in dispute are properly determined by the sponsoring intervenor, and a non-sponsoring intervenor's cross examination must address the applicant's, the Staff's , or the sponsoring intervenor's direct testimony.

Therefore, discovery against the non-sponsoring intervenor does not serve to narrow the issues or prevent surprise, and -

probably aids little in an applicant's preparation for trial.

For the foregoing reasons, SAPL, llampton Falls and South Hampton do not believe that their intent to litigate other parties contentions only to the limited extent of cross examination provides any reasonable justification for allowing Applicants to put said parties through the burdensome exercise of responding to voluminous interrogatories addressed to the contentions of other parties, and request this Board reconsider its Order of June 24, 1986.

Respectively submitted, SEACOAST ANTI-POLLUTION LEAGUE By its attorney, BACKUS, MEYER & SOLOMON

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[ Robert A. Backus P. O. Box 516 116 Lowell Street Manheester, Nil 03105 Tel: (603) 668-7272 DATE: July 3,1986 I hereby certify that copies of the enclosed Motion for Reconsideration have been sent to all parties on the enclosed service list.

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/n 4:2fG L' Robert A. Backus l

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CERTIFICATE OF SERVICE AND SERVICE LIST

. .b Joseph Flynn Asst.Gn.Cnsl. IIelen lloyt. Chm.

• Thomas Dignan, Esq.*

Fcd. Emerg. Algmt . Agey. Admn. Judge Ropes & Gray 50') C.St. So. West Atomic Safety & Lic Brd. 225 Franklin St.

Was-ington, DC 20472 USNRC Boston, 11A 02110 Washington, DC 20555 Office of Selectmen Dr. Jerry liarbour

• Docketing & Serv. Sec.

• Town of flampton Falls Admin. Judge Office of the Secretary llampton Falls , NII 03844 Atomic Safety & Lic Brd. USNRC USNRC Washington, DC 20555 Washington, DC 20555

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• 9' Of Dr. Emmeth A. Luebke

• Jane Doughty e of Exec. Legl. Dr. Admin Judge SAPL Atomic Safety & Lic. Erd. 5 Alarket Street Wahsington, DC 20555 USNRC Portsmouth, Nil 03801 Washington, DC 20555 Phillip Ahrens, Esq. Paul SicEachern, Esq. George Dana Bisbee, Esq.

Asst. Atty. General 51atthew Brock, Esq. Attorney General's OFF.

State IIOuse , Sta. #G 25 5!aplewood Ave. State of New IIampshire Augusta, 11E 04333 P.O. Box 3GO Concord, NII 03301 Portsnouth, NI 03801 Carol Sneider, Esq., Asst.AG Diane Curran, Esq. William S. Lord One Ashburton Place, liarmon, Weiss Board of Selectmen 19th Floor 20001 S Street NV Suite 430 Town IIall-Friend St.

Boston, h!A 02108 Washingcon, DC 20009 Amesbury,1!A 01913 Richard A. Ilampo, Esq. Afaynard Young, Chainmn Sandra Gauvutis New Ilampshire Civil Defense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Ilampa & h!cNicholas Rye, MI 03870 East Kensington, NII 03827 35 Pleasa Concord, NI nt St 03301 Edward Thomas lir. Robert Harrison fella Pres, & Chief Exec. Officer 442 J.W. 5!cCormack (POCII) PSCO Boston, h!A 02109 P.O. Box 330 hianchester, NII 03105 Roberta Pevear State Rep.-Town of IIanpt Falls Drinkwater Road '

IIanpton Falls, NII 03844 i r

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