ML20205S947
| ML20205S947 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/03/1987 |
| From: | Hoyt H Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#287-3110 OL, NUDOCS 8704070172 | |
| Download: ML20205S947 (10) | |
Text
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ORGNED O
UNITED STATES NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:
DOCKET NO: 50-443-OL 50-444-OL PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al.
(Seabrook Station, Units 1 and 2)
O LOCATION:
WASHINGTON, D. C.
PAGES: 2371 - 2378 DATE:
FRIDAY, APRIL 3, 1987 I
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O OfficialReporters 444 North Capitol Street Washington, D.C. 20001 Q40[OfdkOb$
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UNITED STATES OF AMERICA i
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2 NUCLEAR REGULATORY COMMISSION 1
ORE THE ATOMIC SAFETY AND LICENSING BOARD 3
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. 4 In the Matter of:
5 Docket No. 50-443-OL 1
PUBLIC SERVICE COMPANY OF 50-444-OL 6
NEW HAMPSHIRE, et al.
(Seabrook Station, Units 1 & 2) 7 1
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Ace-Federal Reporters, Inc.
9 Suite 402 444 North Capitol Street i
i 10 Washington, D.
C.
1 11 Friday, April.3, 1987 12 The telephone conference in the above-entitled matter 13 convened at 2:10 p.m.
14 BEFORE:
i 15 JUDGE HELEN F.
HOYT, Chairman Atomic Safety & Licensing Board 16 U.S.
Nuclear Regulatory Commission
}
Washington, D.
C.
20555 17 f
APPEARANCES:
On behalf of the States of New Hampshire, Environmental Protection Bureau:
]
19 GEORGE DANA BISBEE, ESQ.
20 Senior Assistant Attorney General JEFFREY JUNTINGTON, ESQ.
21 On behalf of the New England Coalition j
22 on Nuclear Pollutions DIANE CURRAN, ESQ.
i 23 Harmon & Weiss 24 i
25 ACE FEDERAL REPORTERS, INC.
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1 PROCEEDI NOE 2
PRESIDING JUDGE:
Good afternoon.
Mr. Dave 3
Prestemon, who's the counsel to the board here at the safety 4
and licensing board panel, is sitting in with me this 5
afternoon, since Judge Linenberger and Judge Harbour are both 6
ill today and will not be here.
7 MR. BISBEE:
Judge Hoyt, excuse me.
If it's all 8
right with you, I would like to patch in the other attorney 9
on the case here in our office.
Jeff Huntington.
10 JUDGE H0YT:
Would you please give the reporter 11 his name.
12 MR. BISBEE:
It's Jeffrey Huntington.
13 JUDGE HOYT:
H-u-n-i-n-g-t-o-n?
14 MR. BISBEE:
H-u-n-t-i-n-g-t-o-n.
15 JUDGE H0YT:
Excuse me, I misspelled it.
16 MR. BISBEE:
It will take just a moment, please.
17 The reporter will please note we have a pause here.
18 (Pause.)
19 JUDGE H0YT:
I would,like the reporter to note 20 there has been a pause here while Mr. Bisbee patches in the 21 additional counsel.
22 MR. BISBEE:
Jindge Hoyt, I do have Mr. Huntington 23 on the phone.
24 JUDGE H0YT:
Good afternoon.
We will go ahead and 25 proceed.
I noticed that this pleading that was sent up to ACE FEDERAL REPORTERS, INC.
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you yesterday, Mr. Bisbee, is the New England Coalition on 2
Nuclear Pollution motion for leave to file a second set of 3
interrogatories and requests for production of documents to 4
the state of New Hampshire on revision 2 to the New Hampsh' ire 5
radiological emergency response plan.
Ms. Curran filed in a 6
responding pleading, which is the interrogatories themselves, 7
on April 2, yesterday.
8 Since this is going to a second round of 9
interrogatories, and I have just completed --
10 (Discussion off the record.)
11 JUDGE H0YT:
We had a brief pause here.
Picking 12 up the thread of what I was trying to convey to you and O)
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13 Mr. Bisbee, Ms. Curran, is this second round of 14 interrogatories seem to me that we could perhaps use a 15 conference call to get some sort of indication of whether or 16 not we could handle these responses a little bit easier than 17 making a formal process of it, Mr. Bisbee coming down 10 days 18 later with his responses and then we have to sit down and 19 write up our ruling on it.
20 If that process would be helpful, and it would 21 seem to me that it would be, because you have an indication 22 of the -- how the board is going to rule on one of these 23 things, almost instantaneous, rather than waiting for a much 24 longer period of time and you would have the information you l
25 need which would give you a longer time for preparation.
It Os
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202 347-3700 Nationwide Coverage 80tk336-6646
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1 would seem to me that that would be a more productive process 2
for the Intervenors, particularly Ms. Curran, to prepare with 3
at this additional time.
Does that make any sense to you at 4
all?
5 MS. CURRAN:
I am not sure I understand what you 6
are saying.
You are saying you would be willing to rule 7
orally on the motion for leave to supplement our 8
interrogatories?
9 JUDGE H0YT:
I would like to see if we can do 10 that, yes.
I think this is as much an exploratory 11 conversation as anything today.
Would you have any problem 12 with that?
You would get more -- you would get an indication
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13 of whether or not you were going to get a response which 14 would give you a longer time to prepare your case.
15 MS. CURRAN:
Yes.
It seems like on fairness; 16 otherwise it would be more on Mr. Bisbee, because he wouldn't 17 have a chance to respond.
18 JUDGE H0YT:
I think that's very true.
I think 19 that's one of the reasons we have to look at this as merely 20 an exploratory conversation here, at least in the beginning 21 of the session.
22 MS. CURRAN:
Okay.
23 JUDGE H0YT Let us bring Mr. Bisbee into the 24 conversation now and ask him if after you got these 25 interrogatories yesterday.
Mr. Bisbee, did you have any (s%s) ace FEDERAL REPORTERS, INC.
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i problem in, perhaps in some cases being able to answer these 2
and in other cases indicate that you didn't have an answer or 3
would never have the answer, or you would never respond to a 4
particular one of the interrogatories that Ms. Curran has in 5
her second set?
6 MR. BISBEE:
If I might respond to the two general 7
inquiries you made, Judge Hoyt, the first one being the 8
process generally of working out the resolution of a 9
particular motion filed in this action and the second one 10 being the second one filed yesterday, I do not have any 11 objection to this process, this motion to resolve what 12 otherwise would be a more involved process on what is a 13 limited motion for an additional 12 or 13 interrogatories.
14 As to those specific questions individually, I have asked 15 both our civil defense people and those at the Department of 16 Public Health Services to review that.
I have heard back 17 that we will be in a position to be able to respond to them 18 fairly expeditiously.
I don't know what time frame you are 19 looking at.
20 JUDGE HOYT:
Let's see, you had, Ms. Curran, I 21 believe, eight -- no, more than that, 16 different 22 interrogatories.
Mr. Bisbee, does Ms. Curran's 16 23 interrogatories pose no problem at all?
Is that what you are 24 saying to me?
25 MR. BISBEE:
I am saying we elon't have any g-O ace-FEDERAL REPORTERS, INC.
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ooiection to providing answers as we have inithe past with' 2
the caveat we still maintain-the~ position we are not 3
obligated to answer them but we are willing,~ voluntarily,cto 4
do so.
j 5
JUDGE HOYT:
We ll, 14s. Curran, you got your-6
. answer.
7 MS, CURRAN:
That seems to resolve'it then.
8 JUDGE H0YT:
I can't believe we.have done 9
something this simple.
Very well --
l 10 MS. CURRAN:
I just have one more thing to add.
11 It's not on the substance of this but on the process.for l
12 scheduling conference calls.
We got a call late yesterday.
13 afternoon about this conference call, and I told Ms. Sweeney l
l 14
-- I got a call from my secretary, call Ms. Sweeneyfback.
l 15 And it would be very difficult for me -- I realize the board 16 is trying to resolve things expeditiously.
I;would really 17 appreciate getting a' full 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />' notice or some l
18 flexibility from the board.
Sometimes I just have problems l
19 accommodating this schedule.
1 20 JUDGE H0YT:
Yes, Ms. Curran, I couldn't agree:
l 21 with you more on what you are saying.
I think at least I was 22 partially trying to answer that when I indicated to yo'u that l
I 23 this was an exploratory conversation here today, if we had-24 any problems with it, with any of the substance of these 25 interrogatories of Mr. Bisbee's answer to them.
Since we i
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- But I' agree with you I
didn't, of course.it-doesn't arise.
2
-very much that we would give you much more time We simply 3
set this up this hastily because of someLproblems next. week 4
in whether'or.not the board" members would be here.
As it' 5
turnsfout, it really didn't matter'because they were not 6
going to be here today'either.
But that had not been-7 planned.
We had understood that we'would have a full board i'
8 here.
Since there isn't any problem-on that, in this 9
conversation, I will certainly give you my. assurance that we 10 will do everything possible to make at least'a 24-hour 11 delay.
Sometimes we do as much as'two days' delay.
12 MS. CURRAN:
I appreciate that very much when you
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13
.can do that.
1 14 JUDGE H0YT:
We certainly will. stick with it.
You 4
15 also have to give us the option.that in the event'that 16 something is very critical and we have-to go the other route, 17 you will understand as well, but it's only because we do need-18 an answer expeditiously to do something.
19 Very well.
. thank.you, Mr. Bisbee, for.your time 20 and the time of your staff.
Thank you for coming in on 21 this.
I understand you were at home, Ms. Curran.
I was a-22 little concerned about asking you to come to the call because 23 I was afraid you were ill.
j 24 MS. CURRAN:
No, I am working part time.
My son i
25 is awake.
I was afraid he had been sleeping.
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JUDGE H0YT:
Ithouclhtyou'didn'thaveyourflics 2
at home.
If~that's not'the-case, then we understand 4e are 3
speaking to..you at your home rather than in.-your office.
4 ha)BISBEE-There would have been a. lot.of 1-3 5
screaming noise in.the. background,-believe-me.
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' JUDGE HOYT:
Theresusually;is anyway'in'our-
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7 hearings, isn' t' there?
We will thankteverybody again-for
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'their. time.
And the rep 6rteriwillinow adjournLthis l
Thank you'again'.-
9 conference call for us.
p 10 (Whereupon, at 2:30-p.m.p the' telephone, con'ference i
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CERTIFICATE OF OFFICIAL REPORTER (VD This is to certify that the attached proceedings before the' UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:
NAME OF PROCEEDING:
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al.
(Seabrook Station, Units 1 & 2) l DOCKET NO.:
50-443-OL, 50-444-OL PLACE:
WASHINGTON, D.
C.
DATE:
FRIDAY, APRIL 3, 1987 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.
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WENDY S. COX official Reporter ACE-FEDERAL REPORTERS, INC.
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