ML20206G997
| ML20206G997 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/08/1987 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20206G978 | List: |
| References | |
| OL, NUDOCS 8704150216 | |
| Download: ML20206G997 (8) | |
Text
.
Dated:
April 8, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
)
_)
TOWN OF HAMPTON RESPONSE TO APPLICANTS' MOTION TO STRIKE TOWN OF HAMPTON REVISED CONTENTION III OR IN THE ALTERNATIVE TO COMPEL _filLL ANSWP,ES_IQ_JNIEEEDGATORIES S-2 AND S-3_
Now comes the Town of Hampton, in response to APPLICANTS' MOTION TO STRIKE TOWN OF HAMPTON REVISED CONTENTION III, or in the alterna-tive to compel the Town to provide " full an swe rs" to Appl icant s '
interrogatories S-2 and S-3 " forthwith",
dated March 3 0,
- 1987, and 1
requests that Applicants' motion be denied.
1 See APPLICANTS' MOTION TO STRIKE TOWN OF HAMPTON REVISED CONTENTION III AND MOTION TO COMPEL ANSWERS TO INTERROGATORIES PROPOUNDED TO TOWN OF HAMPTON AND RESPONSE TO MOTION FOR A PROTECTIVE ORDER dated March 30, 1987.
The present pleading filed by the Town will concern only that portion of Applicants March 30 pleading which seeks an order to strike Town of Hampton Revised Contention III or in the alternative to compel the Town "to provide full answers to interrogatories S-2 and S-3".
The issues raised in the remainder of Applicants pleading have already been addressed in the Town of Hampton's motion for protective order previously filed with this Board, and to which the Town, as the moving party on those issues, is not permitted further response.
10 CPR S2.730(c).
8704150216 870408 PDR ADOCK 05000443 G
PDR SHAINES & McEACHERN - rearsesosas as=ociatos arvoa evs as martamoon avaaeva. po aos soo poatoasoum e ossos
Applicant's March 30 pleading already sets forth the relevant interro-gatories S-2 and S-3, and the Town's response thereto.
Generally,
- however, the Town has advised Applicant that the Town is willing to answer interrogatories S-2 and S-3, but is presently unable to provide
" full answers" to these interrogatories since the Town will be relying upon the researches of Dr.
Thomas J.
- Adler, which have not yet been completed.
The Town neither objected, nor sought a protective order, to these interrogatories and reasonably advised Applicant that answers would be supplemented when the information becomes available.
The Town response is expressly authorized under the provisions of 10 CFR S2.740(e) permitting supplementation of responses, and is fully consistent with responses filed by other participants in this proceeding, including FEMA and the NRC staff, that do not yet have 2
adequate information to provide " full answers" to interrogatories.
Applicants own instructions for answering the interrogatories propounded to the Town provided; Pursuant to 10 CFR S2.740(e),
responses should be supplemented under circumstances when or different information becomes available.
If TOH cannot answer the interrogatories in full, so state and indicate when TLH expects to be able to answer the inte r roga to ry.
2 See (e.g.)
NRC STAFF'S RESPONSE TO TOWN OF HAMPTON FIRST SET OF INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO THE NRC ON THE N EW HAMPSHIRE RADIOLOGICAL EMERG ENCY
RESPONSE
PLANS (AS CORRECTED) p. 3.
("To date, the staff has not developed any positions with respect to the merits of the admitted contentions or their subparts")
and THE FEDERAL EMERGENCY MANAGEMENT AG ENCY ' S (FEMA)
RESPONSES TO INTERROGATORIES FILED BY (1) THE TOWN OF
- HAMPTON, (2)
- SAPL, (3)
- NECNP, AND (4) THE MASSACHUSETTS ATTORNEY GENERAL p.
2.
(" FEMA has not developed a specific position regarding the admitted contentions or subparts").
2 SH AINES & MCE ACHERN. e=wass omat assocavion arvo=~avs as esamtemooo avenus eo aos soo poavsnooum an omeos
That Applicant now seeks an order to strike Town of Hampton Revised Contention III or in the alternative to compel " full answers"
?
under these circumstances is both absurd and a further effort by Applicant to require the Town to expend limited resources responding 3
to a groundless motion.
For reasons set forth herein, the Town of Hampton respectfully requests that Applicant's Motion to Strike Town of Hampton Revised Contention III or in the alternative to compel
" full answers" be DENIED.
Respectively submitted, TOWN OF HAMPTON By Their Attorneys SHAINES &
E ACH ERN,
.A.
By:
ul McEachern 5 Maplewood Avenue Portsmouth, NH 03801
( 03) 436-3110 By:
A Matthew T. Bra 2h 25 Maplewood Avenue Portsmouth, NH 03801 (603) 436-3110 3
The blatant irrationality of Applicants' position is further highlighted by Applicants' own response to Town of Hampton interroga-tories propounded to Applicant.
By those interrogatories, the Town of Hampton requested Applicant to " identify all persons he may call as witnesses on each of these contentions during these proceedings..."
Sea Town of Hampton Interrogatory 1(c), in response thereto, Applicant stated
" witnesses have not been selected".
Accordingly, Applicant would have this Board accept that Applicant cannot yet identify a
single witness that it will call in these proceedings, yet simultaneously seek an order to strike or to compel further discovery from the Town precisely on the basis that the Town does not yet have sufficient information to provide complete answe rs to Applicants' interrogatories.
3 SHAlNES & McEACHERN. peorasso.*6 associaroe arrouw,s as manaeaoo avvive. po aos s.o possasouv osmos
CERT.IELCILTE QE SERVICE I,
Matthew T.
Brock, one of the attorneys for the Town of Hampton
- herein, hereby certify that on April 8,
- 1987, I made service of the following documents, TOWN OF HAMPTON MOTION TO STRIKE APPLICANTS '
MOTION FOR
SUMMARY
DISPOSITION OF TOWN OF HAMPTON REVISED CONTENTION VIII and TOWN OF HAMPTON RESPONSE TO APPLICANTS' MOTION TO STRIKE TOWN OF HAMPTON REVISED CONTENTION III OR IN THE ALTERNATIVE TO COMPEL FULL ANSWERS TO INTERROGATORIES S-2 AND S-3 by depositing copi es thereof with Express Mail,
- prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage
- paid, addressed to):
- Helen Hoyt, Esq., Chairman gg og Atomic Safety and Licensing Board om U.S.
Nuclear Regulatory Commission MR o
East West Towers Building
? 3?,
!b 9,y 43 50 East West Highway Hj.g:
4 50 Bethesda, MD 20814 2;c "g
0-m
- Judge Gustave A. Linenberger, Jr.
j, Yf Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission East West Towers Building 43 50 East West Highway Bethesda, MD 20814
- Dr. Jerry Harbour Atomic Safety and Licensing Board Panel r
U.S.
Nuclear Regulatory Commission
}
East West Towers Building 4350 East West Highway Bethesda, MD 20814
- Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Board Panel
~/
- Atomic Safety and Licensing Appeal U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
$H AINES & McEACHERN. p.orrssiona* assocavoe artommeve as marta nooo avrasve - po aos 3.o. esto=ouve mes omeon
Mrs. Anne E. Goodman Board of Selectmen 13-15 Newmarket Road Durham, NH 03842 William S.
Lord, Selectman Town Hall Friend Street Amesbury, MA 01913 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03 801 Rep. Roberta C.
Pevear Drinkwater Road Hampton Falls, NH 03844
- Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station 6 Augusta, ME 04333
- Thomas G. Dignan, Esq.
R.K. Gad II, Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 Robert A. Backus, Esq.
Backus, Meyer & Solomon 111 Lowell Street Manchester, NH 03105
- Sherwin E.
Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Mr. Angie Machiros, Chairman Board of Selectmen Newbury, MA 01950 2
SHAINES & McEACHERN - poortsso.at associavoe arvo=wvs as manaecoo awewe eo aos 3.o poets =2um woseot
H. Joseph Flynn, Esq.
Office of General Counsel Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472
- George Dana Bisbee, Esq.
Stephen E. Merrill, Esq.
Office of the Attorney General State House Annex Concord, NH 03301
- Carol S. Sneider, Esq.
Assistant Attorney General Department of the Attorney General One Ashburton. Place 19th Floor Boston, MA 02108 Stanley W. Knowles Board of Selectmen P.O. Box 710 North Hampton, NH 03862 J.P.
Nadeau, Selectman Selectmen's Office 10 Central Road Rye, NH 03870 Richard E. Sullivan, Mayor City Hall Newburyport, MA 01950 Alfred V.
Sargent, Chairman Board of Selectmen Town of Salisbury Salisbury, MA 01950 Senator Gordon J.
Humphrey U.S.
Senate Washington, D.C.
20510 (Attn:
Tom Burack)
Michael Santosuooso, Chairman Board of Selectmen Jewell Street RFD 2 South Hampton, NH 03 827 3
SH AINES & McEACHERN. pooruss creat assooaro arronwvs as en ants ecco avsw. p o som seo. po=vsnioun4 **e om
Allen Lampert Civil Defense Director Town of Brentwood Exe ter, NH 03833 Richard A.
Hampe, Esq.
Hampe and McNicholas 35 Pleasant Street Concord, NH 03301 Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 William Armstrong Civil Defense Director 10 Front Street Exe te r, NH 03833 Calvin A. Canney City Manager City Hall 126 Daniel Street Portsmouth, NH 03801
- Edward A.
Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 Sandra Gavutis Town of Kensington RFD 1, Box 1154 East Kensington, NH 03827 Charles P. Graham, Esq.
McKay, Murphy & Graham 100 Main Street Amesbury, MA 01913
- Diane Curran, Esq.
Andrea C.
Perster, Esquire Harmon & Weiss Suite 430 2001 S Street, N.W.
Washington, D.C.
20009-1125 4
SH AINES & McE ACHERN - paoress.onas assoomroe attoamavs as maataecoo avtava - eo nos 3.o po=rsesoum an.ossoi
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Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 Senator Gordon J.
Humphrey One Eagle Square, Suite 507 Concord, NH 03301 (Attn: Herb Boynton)
Mr. Thomas H. Powers, III Town Manager Town of Exeter 10 Front Street Exeter, NH 03833 Mr. Peter Matthews Mayor City Hall Newburyport, MA 01950 Brentwood Board of Selectmen RFD Dalton Road Brentwood, NH 03833 Judith H.
Mizner, Esquire Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 W
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Matthew T. Brock
- UPS Next Day Air 5
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