ML20206C221

Memorandum (Memorializing Rulings of Prehearing Conference on Discovery Matters Held 881103).* Several Oral Rulings, Including End of All New Discovery Against Applicant & NRC as of 881103,made.Served on 881109

ML20206C221
Person / Time
Site:	Seabrook
Issue date:	11/09/1988
From:	Smith I Atomic Safety and Licensing Board Panel
To:
References
CON-#488-7466 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8811160168
Download: ML20206C221 (4)

Text

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( c La ii.11/9/88 UNITED STATES OF AMERICA 'o C NUCLEAR REGULATORY COMMISSION ,

'88 im '9 P2:49 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judgestim,>. crw L,mf1 r sur Ivan W. Smith, Chairman EiM h t" Gustave A. Linenberger, Jr.

Dr. Jerry Harbour SERVED NOV -91988  ;

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In the Matter of ) Docket Nos. 50-44 OL

) 50-444-JL PUBLIC SERVICE COMPANY OF ) (ASLBP No. 82-471-02-OL)

NEW HAMPSHIRE. At A1 ) (Offsite Emergency (Seabrook Station,

) Planning)

) i Units 1 and 2) )

,,) November 9, 1288 i

l MEM0RANDUM (Memorializing Rulings of the Prehearing Conference on Discovery Matters Held November 3, 1988)  ;

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A Prehearing conference was held at the request of the Massachusetts Attorney General to address Intervenor motions '

to extend the time period for discovery and other discovery matters. As a result of the Conference, several oral  ;

rulings were made which affect all parties to the SPMC litigation. We now set forth those rulings as they are found in the official tranAcript. Tr. 14739-858.

t The Applicants, NRC Staff and Massachusetts Attorncy General have agreed to a new discovery schedule. The Board

'I has ruled that as of November 3, 1988, all new discovery against the Applicants and the NRC Staff han ended.

8811160160 001109 PDR ADOCK O*7000443 o P Dit , q/

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'I Tr. 14806-07. The Attorney General has until December 19, 1988 to file responses to interrogatories and the production of documents reques d by Applicants and the NRC Staff.

Tr. 14806-07. The Attorney General has agreed to file anrwers to interrogatories and to produce documents no later than December 19, if not well before that date.

Tr. 14807-08.

Applicants and NRC Staff will not file any summary disposition motions against the Attorney General prior to December 19. Tr. 14806-07.

NRC Staff has until November 15 to complete depositions if any are to be conducted. Tr. 14809-10.

Tne Massachusetts Attorney General may complete depositions as schuduled by noticos filed prior to November 3. Tr. 14306.

The s:hedule for the Applicants' Motion for summary Disposition on Joint Intervonor Contentions 44(a) and 44(b) remains as before the Conference. Tr. 14806. The Massachusetts Attorney General had until November 7 to file 1

i his answer (since filed) and the NRC Statf has until November 21 to file its answer. Tr. 14857-58. The Attorney General will be given an opportunity to respond to the Staff's answer if, and only if, the Staff *o answer raises new facts and arguments that have not been covered by the Applicant. Tr. 14858. Egg, 10 C.F.R. 2.749(a).

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.g 5 . h The Buard also ruled on FEMA's motion for protective order against certain interrogatories and production requests submitted to FEMA by the Massachusetts Attorney General. The rulings are as follows:

FEMA has represented that Mr.-Donovan's testimony on behalf of FEMA will stand or fall on its own merits, 123.,

its factual and logical predicates and regulatory analysis, withott' regard to the Regional Assistance Committee's advice. Therefore advice as ruch from the RAC to FEMA is protected by the deliberative procesc privilege. The Attorney General may discover the factual basis a..d reasoning behind Mr. Donovan's testimony, however. Any factual basis may be discovered even if the racts were provided by the RAC, in that the deliberative process privilege does not extend to any factual foundation for FEMA's position. On the other hand, the fact that the RAC advice may have included facts, does not destroy the privilege if the facts are otherwise revealed. Tr. 14848.

The Attorney General may not discover as to Mr. Donovan's telephone 1092, travel vouchers, etc.

Tr. 14855. Nor may the Attorney General discover as to j documents relating to the selection of Mr. Donovan as RAC Chairman. Tr. 14856.

i The Board will not entertain di.scovery against FE!*A on the basis of a corrupt process theory as it was litigated in the P9RERP portion of the hearings. Tr. 14855.

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d One discovery issue remains pending before the Board.

We ruled that the Attorney General could not hold discovery on the undnrlying rationale for tTUREG-0654-FEMA-REP-1, Rev. '., Supplement 1, if that document is simply an interpretation of 10 C.F.R. 50.47 (c) (1) . Tr. 14856. Our review of the issue found Commission guidance with respcet to the nature of the document. "The supplement to NUREG-0654[-FEMA-REP-1, Rev. 1) amplifies the regulation and is intended to fecilitate its implementation." NRC Offico of Public Affairs Release No.88-140 (October 11, 1988).

Therefore, our ruling stands; the Attorney General may not discover as to the underlying rationale for Supplement 1.  ;

It is the Board's responsibility to interpret the Commission's regulations in adjudications.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

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/f4'Smith,'

'Ivan W.

/Y .@hhthairman ADMINISTRATI'/E LAW JUDGE Bethesda, Maryland Noirember 9, 1988 l

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