ML20202C325
| ML20202C325 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/03/1986 |
| From: | Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-911 OL, NUDOCS 8607110209 | |
| Download: ML20202C325 (6) | |
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1 W1EU COHHLSrunuaq Filed:
July 3, DbbkhED USNRC i
l 15 JUL -9 al 35 1
OFFICE OF SECniuRY 00CHEilNG A SEFVlCf.
UNITED STATES OF AMERICA BRANCH 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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(Offsite Emergency Planning) l (Seabrook Station,
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Units 1 and 2)
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APPLICANTS' ANSWER TO j
TOWN OF AMESBURY MOTION TO COMPEL 4
Under date of July 1, 1986, the Town of Amesbury has filed a pleading entitled " Response to Order of the ASLB to Compel Responses to Applicants' Interrogatories and Motion for Protective Order."
Insofar as that pleading is a motion, the Applicants say that for the reasons set forth herein the motion should be denied.
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As observed by this Board in its order dated June 24, 1986, the Town of Amesbury failed to respond i
i 8607110209 860703 PDR ADOCK 05000443 O
PDR 9
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i to the interrogatories served upon it by the Applicants; Amesbury neither answered nor objected nor filed a motion for a protective order.
On May 16, 1986 the Applicants therefore filed a motion to compel in respect of the Town of Amesbury.
Amesbury filed no response to that motion, either.
On June 24, 1986 the Board allowed the motion to compel.
Amesbury's belated motion for a protective order, raised only after a j
motion to compel has been allowed, is untimely.
See 10 i
CFR 2.740(f) (last sentence).
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2.
It would appear from the matters asserted in i
paragraph 4 of Amesbury's July 1, 1986, pleading that
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Amesbury does not intend to " litigate" (as defined in the interrogatories propounded to it) any of the presently admitted contentions in this proceeding.
Indeed, the lack of any such intention to litigate is set out as the predicate for Amesbury's objection.
If l
this be so, it is an easy enough matter for Amesbury so to state in response to the first of each of the j
interrogatories propounded with respect to each of the admitted contentions, and there is no sound reason why 4 4 1
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Amesbury should not be required so to indicate on the record.
Ree tfully submitted, 9
g Thomas G.
Dig an, Jr.
R.
K.
Gad III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Telephone:
423-6100 Dated:
July 3, 1986 1 i
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CERTIFICATE OF SERVICE I, Robert K.
Gad III, one of the attorneys for the l
Applicants herein, hereby certify that on July 3,
- 1986, I made service of the within Applicants' Answer to Town of Amesbury Motion to Compel by mailing copies thereof, postage prepaid, to:
i Helen Hoyt, Chairperson Robert Carrigg, Chairman Atomic Safety and Licensing Board of Selectmen Board Panel Town Office U.S.
Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 Washington, DC 20555 Dr. Emmeth A.
Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S.
Nuclear Regulatory 2001 S Street, N.W.
Commission Suite 430 Washington, DC 20555 Washington, D.C.
20009 Dr. Jerry Harbour Stephen E.
Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire U.S.
Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General Washington, DC 20555 25 Capitol Street Concord, NH 03301-6397 Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street l
Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105,
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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.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J.
Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J.
Humphrey Mr. Peter S.
Matthews 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H.
Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 l I
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l Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas i
47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H.
Mizner, Esquire j
FEMA, Region I Silverglate, Gertner, Baker t
i 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street 1
Post Office Square Boston, MA 02110
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Boston, MA 02109 I
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Robert K. G A III i
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