ML20205R370

Atty General Jm Shannon Motion to Extend Deadline within Which to Respond to Applicant Motions for Summary Disposition.* Notice of Appearance & Certificate of Svc Encl

ML20205R370
Person / Time
Site:	Seabrook
Issue date:	04/02/1987
From:	Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-2995 OL, NUDOCS 8704060327
Download: ML20205R370 (11)

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_7 UNITED STATES OF AMERICA 00jgTED

.g NUCLEAR REGULATORY COMMISSIOli .. .

W APR -3 Pl2 :32 '

Before Administrative Judges: -

Helen F. Hoyt, Chairperson Gustave A. Linenberger, Jr. gFflCE 0F SELRLIARY E

Jerry Harbour GCKETftggSERVK:

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In the Matter of ')

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PUBLIC SERVICE COMPANY OF NEW ~) DocketLNos.

HAMPSHIRS, et. al. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) -(Off-Site EP)

) April 2, 1987

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ATTORNEY GENERAL JAMES M. SHANNON'S MOTION i TO EXTEND THE DEADLINE WITHIN WHICH TO RESPOND '

TO APPLICANTS' MOTIONS FOR

SUMMARY

DISPOSITION Attorney General James 14. Shannon hereby moves the i Licensing Board pursuant to 10 C.F.R. 5 2.730, S2.711, and i

S2.749(c) to issue an order extending the deadline by which the Attorney General must respond to the Applicants' Motions for Sumnary Disposition. As grounds for this motion the Attorney General states:

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1. The Applicants have filed motions for summary 1

g disposition on all eleven (11) contentions that the Attorney i

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General intends to litigate. The motions for summary

! disposition were served on the Attorney General on March.26, 1

1987. Each motion includes substantial factual and legal assertions. Appended to each motion is at least one_and often

! two or more detailed affidavits. Some are from individuals not

< previously identified in this litigation and none are from B704060327 B70402 PDR ADOCK 05000443

o PDR 3 ]>$63

4 individuals who have previously been identified as witnesses-for the Applicants.

2. The Attorney general contends that substantial material facts are in dispute with respect to each of the eleven contentions he intends to litigate. Pursuant to 10 C.F.R.

S2.749(a) and this Board's hearing schedule, the Attorney General's responses to each of the eleven motions for summary disposition must be express mailed no later than April 15, 1987; so at most he has a mere twenty (20) days to respond, which includes for each of the eleven motions: consulting with

.2 his expert witnesses, drafting the responsive answers, preparing a number of affidavits, and drafting statements of disputed facts as required by C.P.R. 52.749(a).

J. Adequate and complete responses to each of the dozens

! of assertions that a fact is not in dispute cannot be prepared until (1) the discovery process is complete (which it is not);

(2) the Attorney General is given a reasonable period of time to assess the massive amount of material obtained from discovery; and (3) the discovery material, and summary l

disposition motions, are distributed to the several consultants hired by the Attorney General to assist in this litigation.

The Attorney General's consultants,Will then require a reasonable amount of time to prepare affidavits in response.

4. The Attorney General has been allowed an inadequate period of time to analyze the Applicants' answers to interrogatories and production of documents. In particular, on I

!! arch 30, 1987, the Attorney General inspected the documents which the Applicants produced in response to the Attorney General's request to produce. Due to inadequate photocopying facilities at the Applicants' site, representatives from the Attorney General's office were unable to obtain copies immediately. Applicants could not offer copies until the close of business on April 1, 1987.

5. Due to the imprecision of the Applicants' production of documents (the majority of the material was produced in boxes without labelling or in any apparent order), it is currently impossiole to determine if the Applicants' have adequately responded. There were obvious omissions from the production.

In addition, the manner in which the documents were produced, in large par t, makes it unclear as to which of the Attorney General's interrogatories a document is responsive. It will take the Attorney Genberal at least several additional days to organize the produced documents to determine whether and in what manner the responses are complete, and to which 1

l interrogatories they are responsive, and then to copy and forward such documents to his experts for analysis.

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6. In addition, the Applicants have not produced all the i

documents they had agreed to in their responses to the Attorney General's interrogatories. Such on:issions include but are not limited to:

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a. Computer readable listing of all input files and data necessary to reproduce:

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i the IDYNEV runs documented in Volume 6 of I. the NHRERP-Revision 2; and

11. any subsequent runs conducted in response to the FEMA /RAC review of Revision 2 or for any other reasons. (See Attorney General interrogatory No. 68 and the Applicants' response thereto.)

b. Paper copies of the IDYNEV outputs produced in the runs specified in Attorney General interrogatory No. 68. (See Attorney General interrogatory No. 69 and the Applicants' response thereto.)

! c.

Aerial photographs (or maps) that indicate each parking space in the beach area that KLD Associates identified or counted in determining-the peak numbers of vehicles, or other figures relevant to the number of persons in the EPZ 1

beach area. (See interrogatory 137 and the Applicants' response thereto.) The photographs that Applicants produced in response.to Interrogatory 137 do not identify such parking spaces as provided.

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i I 7. The Applicants have produced over 11,000 slides in response to the Attorney General's interrogatories regarding the beach population. The Applicants made no arrangement for duplication of these aerial photos. Due to the prohibitive expense of duplication, it is necessary for the Attorney General's consultants to review the slides before a decision can be made as to wnich should be copied. The actual reproduction will ne time-consuming as not only must the slides be reproduced but the labeling on each box of slides must be duplicated. These labels include important information such;as date and time of photographs as well as weather conditions and tne location of pictures.

8. The Applicants have relied on a number of experts in their motions for summary disposition not previously identified as witnesses. The Attorney General should be given the opportunity to depose these experts prior to the filing of any response to the motions for summary disposition. The Attorney l General will not have sufficient time to depose such witne'sses l

unless the present schedule for responding to summary disposition motions is extended.

9. The Attorney General has moved to compel answers to a large number of interrogatories and is awaiting the Board's ruling on this motion. The additional responses and the production of the additional documents should be completed prior to any answer to motions for summary disposition.

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10. In short, the discovery process is not yet complete.

The Attorney General should be allowed at least two additional weeks following the actual completion of discovery in' order to analyze answers and documents, before the 20-day period for i filing responses to motions for summary disposition should commence.

WHEREFORE, the Attorney General moves this Board to issue an order extending the deadline for filing responses to the Applicants' notions for summary disposition.

Respectfully submitted, James M. Shannon

' Massachusetts Attorney General' By: bC. $ b-) W ekA.% )

Donald Bronstein Carol Sneider Allan Pierce Assistant Attorneys General Environmental protection Div.

Rm. 1902 One Ashburton Place 1

Boston, MA 02108 (617) 727-l i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION C0CKETED USNHC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) 17 ARY -3 R2 32

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50,#$d-QL rcat 3 ggy NEW HAMPSHIRE, et al. ) 50-0064E-01G A SE4vlCL

) BRANCH (Seabrook Station, Units 1 and 2 )

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.

In accordance with 5 2.713, 10 C.F.R. Part 2, the following information is provided:

Name Allan R. Fierce i Assistant Attorney General j Address Department of the Attorney General

, One Ashburton Place - Room 1902

! Boston, MA 02109 Telephone Number (617) 727-1090 Admissions State Admissions:

State of Illinois Commonwealth of Massachusetts Federal Court Admissions:

Northern Dist. of Illinois District of Massachusetts First Circuit Court of Appeals Name of Party Attorney General James M. Shannon i

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. Ovua Allan R. Fierbe Assistant Attorney General Dated at Boston, Massachusetts this 2nd day of April, 1987

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00LMETED UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION 1a NH -3 R2:33

) 0FFICE CF si.uk ild

• In the Matter of ) 00CKETE N 3ENICL

) BRANCH PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

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CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on April 2, 1987 I made service of the within documents, by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, to:

• Helen F. Hoyt, Chairperson *Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814

• Dr. Jerry Harbour *Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road l Third Floor Mailroom Bethesda, MD 20814 l Bethesda, MD 20814 i

• H. Joseph Flynn, Esq.

• Stephen E. Merrill l Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301

r Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Heyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 l

Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 l Paul McEachern, Esq. J. P. Nadeau l Matthew T. Brock, Esq. Board of Selectmen l Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney Board of Selectmen City Manager dFD 1, Box 1154 City Hall l Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman Board of Selectmen U.S. Senate Washington, DC 20510 25 High Road (Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Mr. Peter J. Matthews 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 l

l Mr. Donald E. Chick Mr. William Lord I Town Manager Board of Selectmen l Town of Exeter Town Hall

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l 10 Front Street Friend Street '

Exeter, NH 03833 Amesbury, MA 01913 1

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i Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis l Brentwood, NH 03833 47 Winnacunnet Road l Hampton, NH 03841 1

Philip Ahrens, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss ,

Department of the Attorney Suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333

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• Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas j 209 Winnacunnet Road Federal Emergency Management l Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Dr. Enmeth A. Luebke Charles P. Graham, Esq.

i Atomic Safety & Licensing Board McKay, Murphy & Graham j U.S. Nuclear Regulatory Old Post Office Square l Commission 100 Main Street i

East West Towers Building Amesbury, MA- 01913 4350 East West Highway Third Ploor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 Judith H. Mizner, Esq.

i Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 l

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Rep. Edward J. Markey, Chairman U.S. House of Representatives Subcommittee on Energy Conservation and Power Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 l

Attn: Linda Correia llt &N E ' hk Qj Carol S. Sneider Assistant Attorney General Environmental Protection Division Dated: April 2, 1987 1

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