ML20206H025
| ML20206H025 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/13/1987 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#287-3184 OL, NUDOCS 8704150230 | |
| Download: ML20206H025 (44) | |
Text
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)
TELEPHONE CONFERENCE l
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LOCATION: WASHINGTON, D. C. PAGES: 2379 - 2420 -
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DATE: MONDAY, APRIL 13, 1987 l
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bR30553.0 2379 hAV/sjg 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2
BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD 3
- - - - - - - - - - - - - - - - - -x 4 :
In the Matter of: :
5 : Docket No. 50-443-OL PUBLIC SERVICE COMPANY OF : 50-444-OL 6 NEW IIAMPSIIIRE, et al. :
- TELEPilONE CONFERENCE (Seabrook Station, Units 1 and 2) 7
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x 8
9 Ace-Federal Reporters, Inc.
Suite 402 10 444 North Capitol Street Washington, D. C.
11 Monday, April 13, 1987 13 The telephone conference in the above-entitled matter 14 convened at 1:40 p.m.
15 gggggg, 16 JUDGE IIELEN F. II O Y T , Chairman Atomic Safety & Licensing " card 17 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 18 JUDGE GUSTAVE A. LINENBERGER, JR., Member 19 Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 JUDGE JERRY !! ARBOUR, Member 21 Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission 22 Washington, D. C. 20555 23
) 24
-- continued -- ,
25 Acit FEDliRAl. RtwonTrias, INC.
202 147 370) Nationw nie cmcrave mn 336 (6:6
2380 1 APPEARANCES:
2 On behalf of the Applicant:
KATIIRYN SELLECK, ESQ.
GEORGE H. LEWALD, ESQ.
4 Ropes & Gray 225 Franklin Street 5 Boston, Massachusetts 02110 6
On behalf of Nuclear Regulatory 7
Commission Staff:
EDWIN REIS, ESQ.
8 Office of Executive Legal Director 9 U.S. Nuclear Regulatory Commission 10 Washington, D. C. 20555 II On behalf of Federal Emergency Management Agency:
!! . JOSEPl! FLYNN, ESQ.
13 Assistant General Counsel Federal Emergency Management 14 Agency 500 C Street, S.W.
Washington, D. C. 20472 15 On behalf of Massachusetts 16 Attorney General:
17 DONALE BRONSTEIN, ESQ.
18 On behalf of NECNP:
19 DIANE CURRAN, ESQ.
liarmon & Weiss 20 On behalf of Seacoast Anti-Pollution l League, Town of Ilampton Falls, and 21 South flampton:
l 22 ROBERT A. BACKUS, ESQ.
! Backus, Meyer & Soloman l 23 116 Lowell Street
! Manchester, New llampshire 03105 i
() 24 25 l
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202147-)?m Nationwide Cmcrage Mm 316 (M4
iS30 01 01 2381
- DAVbur 1 PROCEEDINGS 2 JUDGE liOYTt The motion I would like to take up 3 first ir, yours, Mr. Bronstein, the Attorney General's motion 4 to extend the deadline within which to respond.
5 We have this motion for summary disposition filed I 6 April 2, 1987.
7 And forgive me for forgetting to advise the 8 persons participating in this call that Judges liarbour and 9 Linonberger are parties to this conference call in my office 10 this afternoon. The reporter will please note that the full l
11 Board is participating in this conferenco call.
12 Continuing then, the motion of the Attorney 13 General Shannon, filed on April 2, a response was filed by 14 the Applicants on April 10, 1987, and it was faxed to this 15 office on Friday.
16 I beliove, Mr. Bronstein, that your office hand-17 delivered a copy of this response. Am I correct in that?
18 MR. BRONSTEIN: That is correct.
19 JUDGE ilOYT: Very well. We are getting a very 20 weak, faint sound from your call, Mr. Bronstein. Could you 21 speak perhaps a little loudor?
22 MR. PRONSTEIN: I will try, Judge.
23 JUDGE IIAPPOUR: Which will help us a little in 24 the reception of your phone call.
25 MP. PRONSTEIN: I will do my best.
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'/ 2 JUDGE HOYT: The motion I would like to take up 3 first is yours, Mr. Bronstein, the Attorney General's motion 4 to extend the deadline within which to respond.
5 We have this motion for summary disposition filed 6 April 2, 1987.
7 And forgive me for forgetting to advise the 8 persons participating in this call that Judges Harbour and 9 Linenberger are parties to this conference call in my of fice i 10 this afternoon. The reporter will please note that the full 11 Board is participating in this conference call.
12 continuing then, the motion of the Attorney 3 13 General Shannon, filed on April 2, a responso was filed by
%) the Applicants on April 10, 1987, and it was faxod to this 14 15 office on Friday.
16 I holieve, Mr. Bronstein, that your offico hand-17 delivered a copy of this responso. Am I correct in that?
18 MR. BRONSTEIN: That is correct.
19 JUDGE HOYT: Very well. We are getting a very 20 weak, faint sound from your call, Mr. Bronstein. Could you 21 speak perhaps a little loudor?
22 MR. BRONSTEIN: I will try, Judge.
23 JUDGE HADBOUR Which will help us a little in 24 the reception of your phone call.
- 25 MR. BRONSTEIN
- I will do my best.
J Aci!.Fl!Dl!RAl. RiteoRTiins, INC.
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5530 01 01 2382 DAVbur 1 JUDGE HOYT: Very well.
(j 2 Since you have now had the response of the 3 Attorney General, we will take any arguments here this 4 afternoon that you want to make in addition to what you have 5 hero, Mr. Bronstein, in your motion.
6 MR. BRONSTEIN: Judge Hoyt, we certainly tako 7 issue with a number of the assertions that are set forth in 8 the Applicants' response.
9 For examplo, the Applicant points to the fact 10 that we filed our interrogatories on the last day of the 11 discovery period. I don't soo how that is particularly 12 rolovant to the issue at hand. In any event, it is clear 13 that we only had about 10 days in which to formulato our 14 interrogatories in light of the dato that we received the 15 Board's rulina on contentions.
16 The Applicant goes on to say that we didn't 17 expect all the documents that were indo available to us, and 18 that is certainly not true. Wo inspected all the ones that 19 wore mado available. Not all documents were made availeble 20 to us, but wo inspected all those that woro provided.
21 The Applicant scoms to make a point of the fact 22 that the documents woro roady at 4:00 o' clock on Monday --
23 at 20 till 1: 00 and that wo didn't pick them up until the 24 next day. We picked them up at 9:00 o' clock the very next 25 morning. So I don't really soo what differenco that makes.
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5530 01 01 2383 DAVbur 1 You know, the basic thrust of our motion is that O 2 there is a huge amount of material here for us to absorb 3 both in terms of the answers to interrogatories and in terms 4 of the documents which have been produced, and because of 5 the compressed discovery period we simply haven' t had the 6 full opportunity that we need to have in order to respond to 7 those motions and to have our consultants respond.
A It is obviously a tremendous amount of material 9 for us to analyze and review and to distribute to our 10 experts and to have them analyze and review and to get the 11 affidavits back from them, and I think that is really the 12 thrust of our motion.
7 s 13 Peyond that, it is clear that the discovery L
14 period is in fact over.
15 Your lionor ruled on our motion to compel 16 interroaatories and substantially granted that motion. So 17 we still are awaiting the responses to those interrogatories 18 which are outstandino.
19 Peyond that, there are still nome documents that 20 we are anticipatino receivinq from the Applicant.
21 JUDGE IIOYT: What documents are those, Mr.
22 pronstein?
23 Mp. PPONSTEIN: There are some computer readable 24 outputs that were requested which the Applicants are in the r' 25 process of providing to us. In fact, our experts are at the
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5530 01 01 2384 DAVbur 1 KLD officos going through that material, but it took some O 2 time in order to make the arrangements for those materials 3 to be provided to us, so that to that extent the discovery 4 period still isn't really over yet.
5 We nood additional time for our consultants to 6 review those materials and to then begin the process of 7 really respondino.
8 JUDGE liOYT: Is that all, Mr. Bronstein?
9 MR. BRONSTEIN: That is all.
10 JUDGE IlOYT: Ms. Sollock, would you like to 11 respond to any of that?
12 MS. SELLECK: Yes, I would, your lionor. I had 7~. 13 some difficulty hearing Mr. Bronstein, but from what I could
( )
14 make out one of his contentions woro that discovery is not 15 over, that it took some time to produce computer readable 16 output.
17 Am I right?
18 JUDGE IIOYT: Mr. Bronstein, do you want to 19 respond?
20 MP. BRONSTEIN: Yes. What I want to respond to 21 is that there are now summary outputs which have boon 22 provided tr us which our exports are now reviewing today.
23 MS. SELLECK: Yes.
24 My understandino, your lionor, of the computer
,o 25 input filos and output paper really turned on cetting this v
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5530 01 01 2385
, DAVbur 1 computer model available to the Mass AG. It is my i
- 2 understanding that the input files and the output paper 3 wouldn't have dono any good to the Mass AG without the 4 proper computer item as model.
5 JUDGE H0YT: Is that software copyrighted, Ms.
1 6 Sollock?
7 MS. SELLECK: I believe it is owned by FEMA. I 8 don't know if they have- a copyright.
9 JUDGE HOYT: Mr. Flynn, can you help us with 10 that?
11 MR. FLYNN: It is my understanding that it is 1
j 12 owned by FEMA, but it is not copyrighted.
I 13 JUDGE IfoYT: If it is owned by PEMA, it probably i ,
14 wouldn't be. I thought perhaps it was something like tho
- 15 Bluofish software that we uso here in this office on somo 16 record searches, but I take it it must be different from 17 that. That is copyrighted. I think that was copyrighted.
18 If I am right about that, so that doesn't fly here.
7 19 MR. FLYNN: I would like to point out that wo I 20 have cooporated with the Massachusotts Attorney General's 21 offico in makino the computer procram available to them.
22 The copy that wo have is embedded in a larger program, and 23 wo didn't have the time and the resources to separato it >
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, 24 out. Wo did allow the Commonwealth access to that program 1
25 through computer terminals in their offices.
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5530 01 01 2386 DAVbur 1 JUDGE HOYT: Have they mado use of that, to your O 2 knowledge, Mr. Flynn?
3 MP. FLYNN: As far as I know, they have.
4 JUDGE IIOYT: flow about that, Mr. Bronstein?
5 MR. BRONSTEIN: I think it is certainly true that 6 Mr. Flynn has boon cooperativo, and I think what we are 7 pointino out is just that this is a very laborious process.
8 I am certainly not horo sayinq that FEMA hasn't cooperated 9 with us, but it does take timo to not those materials and 10 make the arrangements and pull them out of tho appropriato 11 filos, et cotora.
12 JUDGE IIOYT: Mr. Bronstein, that is the material y 13 that you recuented. I have a little difficulty findino
('~ )
14 fault with the Applicants and FEMA if they have mado 15 available to you the very materials that you recuost and now 16 you say it in voluminous and difficult. I really have a 17 areat problem with understandino how you would'over got any 18 merit from something like that.
19 MR. BRONSTEI1: Judqo lloyt, I am not saying that 20 FEMA hasn' t boon cooperative and hasn' t dono their best.
21 What I am sayino is there have boon dolays, not due to any 22 fault on their part but just by virtue of the fact that this 23 material we have recuested is difficult for them to pull 24 out.
25 And they have provided it to us, but it took some i
Acii.1;iti>iin Ai. Illii>oit i'i:Its, INC.
, 202 147 T m Nahonmde Umcrage w it6 m ui
5530 01 01 2387 DAVbur 1 time for that to occur.
O 2 JUDGE HOYT: Doesn't that go back, though, to 3 what the Applicants responded and to which you didn't assion 4 any merit, Mr. Bronstein, and that is that the time in which 5 you made the recuest was very lato in the discovery period.
6 You know, those are not now issues. Those are 7 the same issues that have boon in many casos set up beforo.
8 I agree with you that the ETE was not, of course, in the 9 original set of petitions that the Poard accepted by last 10 year, but a great don 1 of this material has boon availablo 11 for a number of months, and to wait until now, right when 12 you will have to respond to reauests, I find it very 7 s 13 difficult to understand.
( J 14 MR. BRONSTEIN: Judge Hoyt, actually I have two 15 responses to that.
16 First of all, I think it is unrealistic to expect 17 that the Massachusetts Attorney General or, for that matter, 18 any of the other Intervonors could havo formulated their 19 very specific discovery reauests until we had received 20 rulinas on the various contentions. In fact, wo did not 21 rocoivo those rulings in this offico until Fohruary 23rd, 22 lonving us a more 10 days, I think it is, before the 23 discovery period closed.
24 Certainly, we woro not intentionally waitinq
,7
, 25 until the last day of the discovery period in order to
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Acii-I;iti>iti<Ai Illivoit iitl<s, INU, l 2e m rm N.ui.mmde rma,ye km MrtMr,
5530 01 01 2388 DAVbur 1 formulato our discovery request, but it was absolutoly a O 2 necessity on our part to take as much timo as we possibly 3 could becauso, as you may recall, our interrogatory report 4 is extremely detailed and culto voluminous and roauires 5 substantial consultation with our experts. .
6 We couldn' t reasonably be expected to have had 7 our exports working at great expense to the Commonwealth 8 until we know what contentions wore to be admitted and which 9 discovery recuests nooded to be formulated to thoso 10 contentions.
11 A secondary issue on ETE, the attorney who has 12 primarily boon dealing with those issues may have somo additional mattors that he may wish to bring up in that
( ,:
, 13 14 regard.
15 JllDGE IfOYT: Let me ask the counsol to hold for 16 that just a minuto. My collongues and I would likc to 17 connult. We are going to mute our tolophone horo for just a 18 moment.
19 MP. REIS: Judge lloyt, the staff at some point 20 would like to be heard on those matters. We think wo havo 21 nomo background that should be considered.
22 JtIDGE il0YT: Let's take your input then beforo 23 tho lloard han the consultation horo.
24 I wasn't ooina to make any rulino, Mr. Pois, r3 25 until wo had taken yours, but lot's 00 ahead and got your
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Acivi;'iiiiiiitri. Rt.iioit r iiin. INC.
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5530 01 01 2389 DAVbur 1 comments in at this point then.
O 2 MR. REIS: I don't want to cet involved in the 3 specific dispute betwoon the Commonwealth and the Applicant.
4 Lot me just point out that NRC, accordino to 50.47 of our 5 regulations, must make its findings on FEMA's findings.
6 FEMA has not yet rocoived full information and will not at 7 this staco be able to give the Board its findings ccmplotoly 8 on the contentions that motions have boon made on.
9 I am afraid wo are gettino to a situatioi. tbo 10 same as wo got into on the safety hearings, conorally where 11 wo didn' t got Applicants' until after the initial hearings.
12 Thoroforo, wo are not able to take a position until after
,s 13 the hearings have boon completod, and we are cotting in the
('"
14 namo position with the Applicants here and their failuro to 15 nupply things in a timely manner.
16 JUpGE IIOYT: Mr. Rois, I think that you are 17 pronupposing that they have not supplied them. I don' t soo 18 that they havo not supplied then. An a matter of fact, I 19 think Commonwealth'n counnel han just indicated that they 20 have hoon pretty much nupplied.
21 11,000 n11 don I know thoro in in ono placo in 22 their pleadinan and nome 8000 pacon in another. I think 23 that in hardly an indication that the Applicants havon't 24 cooperated with the recuents that havo hoon mado on them.
,q 25 In addition, FEMA, an Mr. Pronntoin junt told un, L)
Acii.1;i:i) a ^ i R i:i> o n iit a s , I N C ,
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5530 01 01 2390 DAVbur 1 has been very cooperative on their materials.
()
2 MR. REIS: Right, but FEMA has recuests out to 3 the Applicants for information on -- I could go through a 4 list of contentions. It looks like a list of about 20 5 contentions here -- that they haven' t got the information 6 back from the Applicant yet.
7 Now, wo don't in that way, as you know, the Staff 8 nor FEMA doesn't uso discovery to get information from the 9 Applicant but wo expect the Applicant to supply that 10 information either for SER reports or for the FEMA PACRE.
11 JUDGE HOYT: That is not a matter we aru here to 12 discuss this afternoon either, Mr. Fois.
13 Any of the roauests that have boon mado, it is 14 under the very much of an informal procooding that exists.
15 I think we could cortainly indicate to the Applicants that 16 wo expect them to oivo full cooperation to the FEMA people.
17 I don't hear you detailing any areas where it has not boon 18 supplied.
19 If you do have a list of those recuests that have 20 boon made of the Applicants, I would like to have a copy of 21 thono. I think the Board would be very interestod in it, 22 and I think wo will cortninly tako action to assure that the 23 Applicant maken it availablo.
24 But that in not the mattor that wo are hero to 25 dincunn thin afternoon no far an thono particular motions O
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2 MR. REIS: That is right, your Honor. I just ,
3 wanted to give you some background on these.
R 4 JUDGE HOYT: We appreciate that, too, Mr. Reis.
5 As we indicated a moment ago, the Board would be very 6- interested in having a list of any documents that have been 7 recuested of the Applicants by FEMA or by the Staff and the 8 Staff and FEMA have not had those reauests honored. If you 9 will give us that list.
10 MR. REIS: We will get it to you.
11 JUDGE HOYT: Fine, thank you.
12 Judge liarbour just added an additional phrase 13 onto that that referred it to the contentions before us.
O 14 MR. REIS: Of course, and this is to allow FEMA 15 and the Staff to make a determination of 50.47 before 16 determinations are made by the Board.
17 JUDGE flOYT: We appreciato your input very much 18 on that, Mr. Rois.
19 Gotting back to this matter, do either of the t 20 other two parties have anything?
21 Ms. Sollock for the Applicants and Mr. Bronstein?
22 MS. SELLECK: Yes, your lionor, I would like to ,
23 respond to a couple of things I think I heard.
24 Ono is, just to make it clear, the model that we 25 are speaking of that the Mass AG is now making use of at the O ,
i ACl! Fl!!)liRAI. RimoimiRs, INC.
202 W 17m Nahonwide (mcrate m34%46
' 5530 01 01 2392 DAVbur 1 KLD offices was not asked for in discovery. It was asked 2 for for the first time, according to my notes, on March 3 31st, which is well after the close of discovery.
4 JUDGE HOYT: Is that included in the motion of 5 April 2nd?
6 MS. SELLECK: No, your Honor. They have listed 7 the input files and the output paper necessary to make the 8 computer runs.
9 The point I made earlier applies. Those files 10 and paper don't do any good without the models.
1 11 JUDGE HOYT: We understand that. ,
12 Anything else?
13 MR. BRONSTEIN: I have a couple of points.
14 JUDGE HOYT: Mr. Bronstein, we have completely 15 lost you now.
16 MR. BRONSTEIN: Can you hear me now?
17 JUDGE HOYT: Go ahead. i.
18 MR. BRONSTEIN: Two points that I wanted to make.
19 First of all, before you conclude this portion I would like 20 you to hear from Allen Fierce, who is directly involved in 21 the ETE litigation.
l 22 The other point I wanted to make is that findings 23 which constituto rebuttable presumptions is inappropriate.
i
! 24 The other point, an I said, I wanted you to hear i
25 from Mr. Pierce on the issue concerning --
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202 347 3700 Nationwide Cmerage 800-336 6M6
5530-01 01 2393 DAVbur 1 JUDGE HOYT: Mr. Bronstein, before your colleague
/m.
2 gets on, will the parties that are not speaking put their 3 speaker phones, if.that is what they are using, on a' mute, 4 and let's:see if we can cut down the background noise. I 5 think that is where we are losing the Commonwealth of 6 Massachusetts people.
7 MR. BRONSTEIN: The point that I am making 8 concerns FEMA findings, and there have been no FEMA findings 9 to date and no FEMA findings which constitute rebuttable 10 presumptions in this litigation and that it is inappropriate 11 to take up motions for summary disposition until those 12 findings have been made.
13 The last point, I wanted simply to ask for Mr.
~
14 Fierce to make a contribution on the issue of the ETE 15 litigation.
16 17 18 19 20 21 22 23 24 25 O
Acc FunnRat. REPORTERS, INC.
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5530 02 01 2394 1/~'AVbw 1 JUDGE HOYT: Mr. Pierce?
V 2 MR. PIERCE:~ Judge Hoyt, can you hear me?
3 JUDGE HOYT: Yes.
4 MR. FIERCE: This is Alan Fierce.
5 I have been working very closely with a computer 6 modeling firm that we have hired to review the ETE study 7 that was conducted by KLD. In retaining their services, 8 certain assumptions were made about materials that would be 9 available. We think these assumptions were very 10 reasonable.
11 Number one, that all of the information that was 12 listed at the beginning of volume 6, the ETE study, would be
~( ) 13 available through KLD.
14 Secondly, that the computer model that FEMA had 15 would, in fact, be capable of running and testing the ETA 16 study that KLD has done.
17 Those two assumptions, we have now learned in our 18 work, proved not to be true.
19 Number one, KLD does not have certain critical 20 information that should be available, because they have, in 21 fact, burned their informational bridges behind them. We 22 have now learned through the discovery, through the 23 interrogatories, that the roadway characteristic data, data 24 about curves, roadways that are unsurfaced or in states of
() 25 disrepair, all kinds of special characteristic data, have ACE-FEDERAL REPORTERS, INC.
l 202-347-3700 Nationwide Coserage 800-336-6M6
l-5530 02 02 2395 1[AVbw 1 been discarded by KLD. We didn't learn that until we did
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2 the discovery and we found that in an answer that they gave 3 us.
4 Secondly, we have problems with the model itself.
5 FEMA's model is not the same model, we have now learned that 6 KLD has, in fact, used in their offices. We can't replicate 7 their runs without using their model. We didn't learn this 8 until much later in the game.
9 FEMA didn't tell us this initially when we first 10 went to them, and they were very cooperative in offering the 11 model to us. We are therefore, now, even today, down in 12 their offices, beginning to run these runs. This is
() 13 computer modeling work. This is not the kind of a case 14 where we can get an answer today throucr discovery and have-15 a response prepared tomorrow. It takes time to assess -- to 16 run the computer and to assess the results, because we have 17 this very kind of very complex piece of litigation. This 18 probably should have been the kind of case where there is 19 more than one round of discovery, but we've only got one 20 now. We need to run this model and test the sensitivity of 21 various parts of the ETE study. And if KLD had not burned 22 certain informational bridges behind them, so we could do 23 those runs ouickly and easily, we wouldn't be in this bind, 24 but now we are.
() 25 Thinks come up during discovery that you don't know ACE FEDERAL REPORTERS, INC.
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5530 02 03 2396 1 know about, didn't anticipate reasonably. It is for this IgggAVbw 2 reason that we need a little bit more time. This does not 3 go to the issue of cooperation. I don't think that is the 4 issue here. Applicants have given us certain information.
5 The process of digesting that information in a way that 6 makes sense for the litigation has been made difficult, 7 however, by the way it was handed to us.
8 For example, the 11,000 slides were a complete 9 jumble, and they provided us with a little light box. If we 10 were going be sorting the slides on our vacation, we needed 11 to send up a person who is an aerial photo interpreter and 12 who has now got to go through those slides, project them on (j 13 a screen and try to replicate the work that KLD did, because 14 they haven't kept any documentation of how many parking 15 spaces are identified on each slide. So while they were 16 cooperative in giving us information, the way in which it 17 was given is not conducive to a quick analysis of what is 18 there. That is the issue, not whether they gave it to us, 19 but how they gave it to us.
20 JUDGE HOYT: Mr. Fierce, the only problem I have 21 with that is that in looking back over some of the 22 interrogatories that you've propounded, I think you've got, 23 at the Commonwealth level, precisely what you asked for. I 24 do wish that we had had those slides, particularly with the
/ 25 number that's involved, better organized for complete ACE FEDERAL REPORTERS, INC.
202-347-3700 Nationwide Coserage 800-336-6646
5530 02 04 2397 1 organization, but you just asked for all the' materials, and
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2 when you got them, now you want to have them sorted for 3 yourself.
4 I am afraid you are going to have to take what 5 you've asked for, Mr. Fierce. And that is about the best we 6 can do for you on that.
7 I think that one possibility that I see here is to 8 simply leave in place those contentions dealing with the 9 ETE, which is really what we are, I think, all concerned 10 with here, and leave those contentions in place, and we will ]
11 just litigate them. But let me caution the Commonwealth 12 that if we litigate them, your testimony is going to have to (m be in on May 21. That might give you some immediate relief
(_) 13 14 to your discovery problem, but it is going to pin you down, 15 as we intend to do anyway, May 21, for the production of the 16 prefiled testimony.
17 MR. BRONSTEIN: Judge Hoyt, if I understand what 18 you are saying, you are suggesting that the motion for 19 summary disposition at this point would be denied, pending 20 the filing of the prefiled testimony on the ETE 21 contentions.
22 If I understand you properly, I would like to just 23 address myuself for a moment to the sheltering contention, 24 which we've raised.
() 25 JUDGE HOYT: Mr. Bronstein, that's as far as you ACE FEDERAL REPORTERS, INC.
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5530 02.05 2398 1 get. We go only so far as the ETE.
IgggAVbw 2 MR. BRONSTEIN: I just have one point to make on 3 the sheltering contentions, Judge Hoyt, and that is, that in
'4 your response to our motion to compel answers to the 5 interrogatories, you have provided fdor the Applicants to 6 file additional responses on our interrogatories concerning 7 sheltering issues, quite a number of those issues, and I 8 would respectfully request that we have the opportunity to 9 file our answers to motions for summary disposition on the 10 shelting contentions after such time as the Applicants have 11 complied with your order.
12 JUDGE HOYT: Ms. Selleck, when will you have that
() 13 reply ready?
14 MS. SPLLECK: The reply to the Commonwealth's 15 motion to compel answers?
16 JUDGE HOYT: Yes. To compel answrs and, in 17 particular, on those issues dealing with sheltering.
18 MS. SELLECK: Yes. A reply to the motion to 19 complex is complete, and we are planning on filing it 20 today.
21 JUDGE HOYT: All right. We will still hold you 22 then to the 15th, Mr. Bronstein.
23 MR. BRONSTEIN: Judge Hoyt, I am not clear on one 24 point. If I understand what Ms. Selleck is saying, she is
() 25 referring to a reply to our motion, as opposed to the actual ACE-FEDERAL REPORTERS, INC.
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1()AVbw 2 JUDGE HOYT: I think that was in response to your 3 motion to compel, Mr.~ Bronstein. Is that correct?
4 MS. SELLECK: That is correct, your Honor.
5 MR. BRONSTEIN: I'm not clear on something.
6 JUDGE HOYT: At least that's the way I would 7 understand it.
, 8 MR. BRONSTEIN: As I understand it, the Board has 9 ruled on that motion.
10 JUDGE HOYT: That is correct. We gave you the 11 relief that you sought as to the sheltering, and that, as I 12 understand it, is coming in from the Applicants today on the
(') 13 sheltering. This motion for summary disposition on 14 sheltering contentions will be due on the 15th, as ordered 15 earlier.
16 MR. BRONSTEIN: Judge Hoyt, if I may be heard on 17 that for a minute.--
18 JUDGE HOYT: I think we just ruled, 19 Mr. Bronstein. That's it.
20 Mr. Reis, do you have anything that you want to 21 add at this point?
22 MR. REIS: No, your Honor.
23 Before I gave you the information I thought you 24 should have as background in order to make these findings
() 25 you have to make, you needed that information.
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5530 02 07 2400 1/~'AVbw 1 JUDGE HOYT: Thank you, sir.
(/
l 2 I think that pretty much takes up all of the l
3 problems that we've had with the Commonwealth motion.
4 Is there anything else in addition to what we've 5 already discussed?
6 MR. BRONSTEIN: Judge Hoyt, there's one additional t.
7 thing. And that is, on your order responding to our motion 8 to compel answers, there was no order from the Board as to 9 Interrogatory No. 137.
10 JUDGE HOYT: Mr. Bronstein, I'm sorry. Is that 11 137 that you are asking on?
12 MR. BRONSTEIN: Yes; that's correct, Judge.
() 13 JUDGE HOYT: Let's see if we can find that one.
14 We will go on to the next matter, and cover it before we 15 leave this conference.
16 MR. BRONSTEIN: Thank you.
17 JUDGE HOYT: Do you know the date of that 18 interrogatory?
19 MR. BRONSTEIN: The interrogatory was filed on 20 March 5.
21 JUDGE HOYT: March 5, is that what you're saying?
22 MR. BRONSTEIN: And our motion was filed on March 23 30.
24 JUDGE HOYT: All right.
() 25 MR. BRONSTEIN: It's on page 38 of the motion.
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.1 1 JUDGE HOYT: On page 38 of the motion of March
}AVbw 2 30th?
3 MR. BRONSTEIN: Correct.
4 JUDGE HOYT: All right.
5 We will have that one located while we move on to 6 the next matter. ,
7 MR. BRONSTEIN: Thank you.
8 MS. SELLECK: Excuse me, your' Honor. This is Kate 9 Selleck. I am afraid I am not following. It sounds like 10 there has been a ruling on the Mass. Attorney General's i
11 mnotion to compel.
12 JUDGE HOYT: It was Interrogatory 137, and I don't
() 13 find a response in the Board's order of April 7.
14 MR. BRONSTEIN: That is correct.
15 JUDGE HOYT: I covered Interrogatories 119, 131 16 and 132, and 132 was the last interrogatory that was ruled i
-17 on.
l 18 MR. BRONSTEIN: That is correct, your Honor.
19 JUDGE HOYT: Thank you. .That's the one. That was 20 the last one in your March 30th motion to compel, I I 21 believe.
22 Stand by.
! 23 (A pause.)
24 MR. REIS: Judge Hoyt, this is Mr. Reis again.
() 25 JUDGE HOYT: Yes, Mr. Reis, we have it.
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5530 02 09 2402 1 MR. REIS: From the statement of Applicant's IgggAVbw 2 counsel, she says she never got your ruling of April 7 on 3 the Applicant's motion to compel. Did I mishear her? Did 4 she ever receive that order of April 7 of the Board?
5 MS. SELLECK: I am checking now, your Honor, but I 6 believe we did not receive an April 7 order on the 7 Massachusetts Attorney General's motion to compel.
8 MR. REIS: I am afraid we have a misunderstanding 9 of what they are going to be turning over today, because I 10 think the Board understood and I understood that they were 11 going to give the answers to those interrogatories in 12 response to that order to compel. And I think what s
13 Ms. Selleck is now saying, she doesn't even know about the 14 order.
15 MS. SELLECK: Excuse me, your Honor. What I said 16 earlier and what I am saying now is that what we have is the 17 motion to compel from the Massachusetts Attorney General, 18 and we have put together our response to that motion, and 19 that response is final now and going to be filed today.
20 I am unaware of any Board rulings on that motion.
.21 MR. BRONSTEIN: Judge Hoyt, that was exactly the 22 point I was trying to clarify earlier. I believe that the
]
23 Applicants are not filing their responses on those 24 interrogatories. They are responding to our motion, and I
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5530 02 10 2403 1 have filed their answers to the interrogatories which the 1(}Avbw l 2 Board has ordered them to answer before we need to meet on 3 our answers to the motion for summary disposition on the 4 sheltering issue.
5 JUDGE HOYT: The knowledge that you have indicated 6 that to us -- let me go back to you, Ms. Selleck. The Board 7 issued a memorandum and order on April 7, 1987. The ruling 8 was entitled " Ruling on Applicant's Motion for Protective 9 Order, Commonwealth of Massachusetts, New England Coalition 10 on Nuclear Pollution and the Antipollution League."
(
11 I think it was a 13-page order. And in that, we 12 made certain rulings on interrogatories of the parties that
() 13 were named. We did that based upon your motion for a 14 protective order, and in those instances where we had 15 available the responses in the form of motions to compel 16 from those we have mentioned -- is it my understanding that 17 you didn't get that order?
18 MS. SELLECK: That is exactly right, your Honor.
19 We never received it.
20 MR. BRONSTEIN: Judge Hoyt, we just received it at 21 the Commonwealth this morning. Perhaps the Applicant will 22 receive it tomorrow. There's been some delay in the mail, 23 in general.
24 JUDGE HOYT: I'm going to buy a carrier pigeon.
() 25 Well, we're trying to find now, as we go through ACE FEDERAL REPORTERS, INC.
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5530 02 11 2404 1 this -- we just sent someone out to see when the Secretary 1(}AVbw 2 served that.
3 We sent it out the morning of the 7th. It was our 4 understanding that it had been served. We will find out 5 when it was served.
6 MR. BRONSTEIN: Judge Hoyt, if I may say this at 7 this timne, it has been a continuing problem. Up here in 8 Boston, we get those orders auite late. If there is 9 anything that can be done to expedite the Board's orders, we 10 would much appreciate it.
11 JUDGE HOYT: I think what we have been doing, as 12 you can tell, as a result of this conference call, we have
() 13 been backing this around in an attempt to see that it got 14 out. That, frankly, is r.ot the Board's problem, and we 15 don' t have the facilities to really respond to your 16 request.
17 I think the complaint should be raised with the ,
18 Secretary of the Commission.
19 MR. BRONSTEIN: We will do that, Judge Hoyt.
20 JUDGE HOYT: It might be well to shake up and 21 rattle a few closets to see if you can get it redressed.
22 We've done our best here to get it out. Very frecuently, we
-23 would send for the Staff, and they would pick it up. And in 24 the case of Ms. Curran, because she is in Washington, we
() 25 will give her a phone call and a message will come out.
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.5530 02 12 2405 1(gAVbw 1 Ropes & Gray, frecuently, for the Applicants have called and 2 asked us when an order was issued, would we give it to them 3 by messenger, and we have done that. We have done all the 4 things that we've been asked to do, and it seems like it 5 doesn't respond.
6 Let's see. Let's just put you -- all of the 7 conferees -- on hold for a moment until we find out 8 something that the Board wants to discuss here.
9 (A pause.)
10 11 12 t o Q
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t f'?/bc 1 JUDGE HOYT: This is Judge Hoyt again. The Board
-v 2 has conferred. We will do for the sheltering contentions 3 then what we've indicated we would do for the ETE 4 contentions. We'll just deny those motions, hold everybody 5 to the May 21st submission of your prefiled testimony.
6 MR. BRONSTEIN: Thank you, Judge Hoyt.
7 JUDGE HOYT: Go ahead.
8 MR. BRONSTEIN: I was just thanking you.
9 JUDGE HOYT: You may not thank me in the end.
10 Mr. Reis, do you have any problem from the l 11 staff's point of view?
12 MR. REIS: No, your Honor.
() 13 JUDGE HOYT: Thank you.
14 Now, let's get on to Mr. Backus. Are you still 15 with us, Mr. Backus? Or have you departed?
16 MR. BACKUS: I'm here.
17 JUDGE HOYT: ,
Very well. Let me advise the 18 parties that the Secretary of this Commission has advised us 19 that the Order of April 7th of this Board was served by the 20 Secretary on April 8, 1987.
21 Very well. Now, Mr Backus, your motion was that 22 filed on April 8, 1987. We would like, I believe, to have 23 you give us any additional argument that you want to make at 24 this time on that particular motion to extend the deadline
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5530 03 03 2407 f~'7/bc 1 disposition, that motion of yours being filed on April 8th.
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2 I don't know when we received it here, but that's 3 your filing date anyway.
4 MR. BACKUS: Right.
5 JUDGE HOYT: Do you have any additional argument 6 you want to make?
7 MR. BACKUS: I think, for the purposes of the 8 record here, I would like to associate myself generally with 9 the arguments made by the Commonwealth in support of their 10 motion. The two motions are of course cuite similar.
11 I think the only additional thing I can say to 12 support the motion, we have had particular difficulty in
() 13 conferring with an expert that we intended to rely on, Dr.
14 Hertzberg, from the Dartmouth Medical School, who has been 15 unavailable. I guess he's been away. I guess he's back 16 now.
17 We've had difficulty in arranging to confer with 18 him, and we do want to use his affidavit, an affidavit from 19 him on certain contentions.
20 I guess that's really the only additional thing I 21 have to say in addition to what we've put forth in our 22 motion.
23 JUDGE HOYT: Very well, Mr. Backus. I think the 24 same position that the Board took earlier as to the
(')T
(_ 25 availability of witnesses applies in this case as well.
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5530 03 03 2408 1 That is the problem of the individual party. I don't think
( }T/bc 2 there's much we can do to help you on that.
3 If these people aren't available, that's not a 4 problem that we can solve for you anyway.
5 MP. BACKUS: Well, I think you could, Madam 6 Chairman.
7 JUDGE HOYT: Yes, I suppose we could, but I don' t 8 think that that would be a very judicious thing for us to 9 do.
10 Which contentions was the Hertzberg testimony {
11 used on?
12 MR. BACKUS: One of them, of course, I guess is
() 13 encompassed by your prior discussion. That is example 16, 14 having to do with sheltering.
15 Another one has to do with sample 7 and 33, l
l 16 having to do with reception centers and decontamination 17 procedures.
18 I guess those are the two that we're looking to 19 have Dr. Hertzberg prepare an affidavit on.
20 JUDGE HOYT: Mr. Backus, is that all you have?
21 Is there anything else?
22 MR. BACKUS: I have nothing else at this time.
23 JUDGE HOYT: All right. Ms. Selleck, do you want 24 to respond for the applicant?
() 25 MS. SELLECK: Yes, I would, your Honor. We have ACE FEDERAL REPORTERS, INC.
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i 5530 03 03 2409 1 not made a written response to SAPL's motion, but I'm
[V^'7/b c 2 prepared to talk about it today. I'll try and deal only 3 with the issues that SAPL raised that are different from the 4 Mass AG's motion.
5 JUDGE HOYT: It would be very helpful if you 6 could do that.
7 MS. SELLECK: Okay. One new issue that SAPL 8 raised was they wanted extra time, more than the time 9 allowed in the rules, because they don' t have the Board's 10 memorandum detailing the basis for accepting or rejecting 11 contentions.
12 This argument of theirs falls into the so-what
() 13 category. Learning more about the bases for accepting or 14 rejecting contentions won't avail them anything in 15 responding to the applicant's motion for summary disposition 16 on contentions that are already in.
17 JUDGE HOYT: We'll agree with that, Ms. Selleck.
18 Do you have anything else on this?
19 MS. SELLECK: No, your Honor, except to point out 20 that we don't believe the schedules of one of their experts 21 should drive the litigation schedule in this case.
22 JUDGE HOYT: I mean, what drives the litigation 23 schedule? I didn't understand what you said there.
I 24 MS. SELLECK: I'm sorry. I was making the point l r
(,) 25 that this new issue that Mr. Backus has raised today of an l ACE FEDERAL REPORTERS, INC.
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5530 03 03 2410 1 expert of his having been hard to get a hold of.
[G 7/b c 2 JUDGE HOYT: Obviously, Ms. Selleck, we don't 3 give that any weight whatsoever. We've indicated that to 4 Mr. Backus already, and he understands that.
5 1M R . BACKUS: He understands it, but he doesn't 6 agree with it.
7 JUDGE HOYT: I wouldn' t expect you to, Mr.
8 Backus, being a good counse, you will maintain the required 9 position. However, we don' t give any weight to that. The 10 experts and the persons employed by the parties are the 11 responsibility of those parties, in the case of the 12 intervenors as well as the applicant.
(
13 There's not anything that the Board could or 14 would do in those cases anyway.
15 If you have anything else on this, Ms. Selleck, 16 give it to us now.
17 MS. SELLECK: The only other argument I see that 18 was not made by the Mass AG is that SAPL claims it was busy 19 with this motion to stay the lower power license. That, we 20 suggest, was before the Appeal Board and not this Board, and 21 it was filed on April 8th and did not constitute a 22 sufficient excuse to get more time.
23 MS. SELLECK: All right.
24 JUDGE HOYT: All right. Thank you.
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1 this?
2 MR. REIS: Ms. Chan will comment on behalf of --
3 MS. CHAN: Sample 16, No. 7 are three of the 4 contentions for which PEMA has reouested eaual information.
5 JUDGE HOYT: Was that sample 16 or 6?
6 I'm sorry. Please give us those numbers again.
7 The sound is not coming through.
8 MS. CHAN: Sample 16 sample 7 and sample 33.
9 JUDGE HOYT: Thank you. We'll take this one 10 under advisement and we'll give you a ruling, a very brief ,
11 ruling, Mr. Backus, on this.
12 (Pause.)
4
() 13 Is that the one on the decontamination? Adecuacy 14 of the decontamination facilities, Mr. Backus?
15 MR. BACKUS: Yes.
16 JUDGE HOYT: That's right.
17 MR. BACKUS: 7 and 33.
18 JUDGE HOYT: I think they all go to some phase of 19 that issue; is that correct?
20 MR. BACKUS: That's right.
21 JUDGE HOYT: All right. We'll do for you the 22 same, Mr. Backus, as we've done for your colleague at the 23 Commonwealth on that. We'll litigate those contentions.
24 That will relieve,you of any need to respond to the motion
() 25 for summary disposition on those issues.
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.Q 1 I wish to make it perfectly clear to all of the 2 parties on this conference call that we are making tomorrow, 3 and the call with the Town of Hampton and the EPSC 4 representatives, the filed testimony is to be received in 5 hand to the Board on May 21.
6 We wish to reaffirm that order to all of you at 7 this time. Let me have an acknowledgment from each of you.
8 Mr. Peis?
9 MR. REIS: I hear you, your Honor.
10 JUDGE HOYT: Thank you. The rest of you one by 11 one. Ms. Selleck?
12 MS. SELLECK: Yes, your Honor.
() 13 JUDGE HOYT: Do you understand? Mr. Bronstein, 14 for the Commonwealth?
15 MR. BRONSTEIN: Yes, Judge Hoyt. However, I 16 would like a clarification. On your order earlier in this 17 conversation, it would be useful to the parties if you 18 identify precisely which contentions are still recuired for 19 responses on motions for summary disposition.
20 Are we to understand that all of the contentions 21 are to be admitted at this point?
22 JUDGE HOYT: I thought we'd made that clear, Mr.
23 Bronstein. And I think the record is clear on that.
24 However, if it is not, and you don't get the
() 25 transcript for several weeks, what we have left in for ACE FEDERAL REPORTERS, INC.
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/bc 1 litigation are those contentions dealing with the ETE issue, 2 with the sheltering issue.
3 MR. BRONSTEIN: Could you specify?
4 JUDGE HOYT: No, I can't, because we did not 5 anticipate that the call would actually involve a ruling of 6 this nature. What we had intended to do was to dispose of 7 the motion, extending the deadline to respond to these 8 summary disposition motions.
9 And I don't have these contentions all before me.
10 I can't give you any better an answer than what I have 11 already given you.
12 So, if you want to give me an additional O 13 exn1enetion, we'11 texe it.
14 MR. BRONSTEIN: Yes, I would like to. On sample 15 contention no. 34, raising the population issues, which are 16 in turn related to the evacuation time estimate issues, we 17 would certain interpret that as being within the ambit of 18 your ruling today.
19 But I just want to make sure that if we don't 20 respond to that, that we're not misconstruing your order.
21 JUDGE HOYT: Would you give me the number of the i
22 contention that you're addressing?
23 MR. BRONSTEIN: Sample contention No. 34.
24 JUDGE HOYT: Sample contention 34?
25 MR. BRONSTEIN: Correct.
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JUDGE HOYT: Let us get it out and look at it.
{}/bc 1 2 (Pause.)
3 JUDGE HOYT: You will have to submit by April 4 15th, close of business, your response to SAPL No. 34.
5 -MR. BRONSTEIN: Judge Hoyt, we need clarification 6 on another point, and that is that the Commonwealth --
7 JUDGE HOYT: Do you acknowledge the one I just 8 gave you?
9 MR. BRONSTEIN: Yes, I do acknowledge that.
10 JUDGE HOYT: Very well, go on to the next one
(
\
11 then. i 12 M R .~ BRONSTEIN: The Commonwealth has filed its
() 13 own motion for summary disposition on two of the sheltering 14 contentions. The applicants have not sought any extension 15 of time on that.
16 And it's my understanding that they are still 17 obligated to respond to that motion. Is that correct?
18 JUDGE HOYT: What contentions were those?
19 MR. BRONSTEIN: Sample contention No. 16, and 20 Hampton contention No. 8.
21 JUDGE HOYT: Is that 8 or 18?
22 MR. BRONSTEIN: Hampton 8, sample 16.
23 JUDGE HOYT: We can' t give you those, Mr 24 Bronstein. I don't want to clutter the record for with some l
() 25 inadvertent mistakes on our part by being too hasty in this.
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5530 03 03 2415 TVb c 1 Ms. Selleck, do you have the responses on those?
V 2 MS. SELLECK: Your Honor, I had a little 3 difficulty hearing. It sounded to me like the Massachusetts 4 Attorney General was suggesting that applicants respond to 5 the Mass AG's motion for summary disposition on SAPL 16 and 6 TOH-8 n sheltering.
7 MR. BRONSTEIN: That's correct.
8 MS. SELLECK: We were planning on so responding.
9 JUDGE HOYT: Let me ask Mr. Bronstein why would 10 you want a response on it if we're going to litigate those?
11 MR. BRONSTEIN: Becasue it's our position that we 12 are entitled to summary disposition.
(m) 13 JUDGE HOYT: Now, Mr. Bronstein, the answer to 14 that is no. The applicant will not have to respond. We 15 have already indicated that we're going to litigate that.
16 That's the end of that matter.
17 The next problem, if you have one?
18 (No response.)
19 MS. SELLECK: Your Honor, may I seek a 20 clarification?
21 JUDGE HOYT: All right.
22 MS. SELLECK: If I understand your ruling, the 23 ETE contetions and the sheltering contentions and SAPL 16, 7 24 and 33, the motions for summary disposition submitted by
() 25 applicants, are denied on all of those.
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5530 '30 03 2416 1 JUDGE HOYT: We will deny those, that is correct.
}/bc 2 MS. SELLECK: Okay. Thank you, your Honor.
1 3 JUDGE HOYT: That will give everybody a free shot 4 at getting their testimony in by May 21.
5 MS. SELLECK: Can we raise them again at that 6 point, your Honor?
7 JUDGE HOYT: Can you raise the issues at that 8 time? Who is that? I'm sorry. I can't hear.
9 MS. SELLECK: This is Kate Selleck.
10 JUDGE HOYT: I'm sorry. Would you give me that 11 one more time? Let's see if I can hear you this time.
12 MS. SELLECK: Can we resubmit our motions for O)
(_ 13 summary disposition at that time, your Honor, on May 21st?
14 JUDGE HOYT: No.
15 MS. SELLECK: Okay.
16 MR. BACKUS: I'm sorry. This is Bob Backus. I 17 didn' t hear that answer.
18 JUDGE HOYT: No.
19 MR. BACKUS: All right.
20 JUDGE HOYT: I think that's by regulation.
21 Is there any other matter that we can discuss 22 with you at this time that would expedite matters at all? I 23 think we've covered the two motions that were filed that we 24 had agreed to talk with you by phone on.
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('/bc 1 you want to go ahead with your call tomorrow?
2= MS. CURRAN: Yes, I do.
, 3 JUDGE HOYT: Very well, we'll take you on at 4 1:30. I believe we agreed with you earlier on that.
5 MS. CURRAN: Okay.
i 6 JUDGE HOYT: Very well. We thank the parties for 7 their cooperation in handling these matters by telephone. I 8 think it has expedited a number of things that could take 9 some weeks to do by further pleadings.
i 10 The service of matters has been a difficulty from 11 the very beginning, and we have taken any number of 12 measures.
l
() 13 Mr. Reis, do you have any idea of anything that 14 we could do differently in this matter?
15 MR. REIS: I think the Board could undertake to I 16 observe perhaps, if you have the budget to. serve by Express 17 Mail or Federal Express, as we do at times. Let me point 18 this out.
19 If something was served on the 8th and we allow 20 the five days, we cannot count on it being received until 21 the 13th.
22 JUDGE HOYT: I think we can anticipate something 23 a little better than that.
24 MR. REIS: I should hope so.
() 25 JUDGE HOYT: I don't have any problem, Mr. Reis.
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/bc 1 My problem here is that we only have one secretary, no law 2 clerks and there is just a matter of the mechanics of 3 preparing the material to go,out in terms of the papers that 4 you're out to pursue.
5 And I think that's the principal difficulty. I 6 wouldn' t mind serving any of these orders at all by mail, by 7 Express Mail. It's not a question of budget, it's just a 8 question that we don't have but the one person to do it.
9 And I don't type.
1 10 So that's been the big difficulty. We will try 11 to get the facts out to the most affected parties, the I 12 rulings at the proper time, to see if that will help out in O 13 thet teer-14 If there's anything else that the parties want us 15 to try, we'll be happy to give it a go, to see if it will 16 help.
17 MS. CURRAN: I have one suggestion -- this is l l
l l
18 Diane Curran -- in the Board's schedule. Generally, the l Board has established time periods for responding to some of 19 1 f
20 the Board's orders in, say, the minimum time allowed by the 21 regulations, and then the answer has to be served within 22 that time.
23 If the Board could introduce a little bit more 24 time into those schedules to give consideration to the fact O 25 thet the mei1. even et thie office -- veer erdere sometimee ACE-FEDERAL REPORTERS, INC.
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-5530 03 03 2419 1 take four days to arrive -- that would help a lot.
(V~'l/bc 2 JUDGE HOYT: In Washington, it takes four days.
3 MS. CURRAN: Yes, it does.
4 JUDGE HOYT: Where are your offices located?
5 MS. CURRAN: Northwest Washington.
6 JUDGE HOYT: Well, we'll just serve you a copy by 7 messenger in the future then. That would be the easiest 8 thing to do. It might get into you a little quicker.
9 MS. CURRAN: It may help me; it won't help 10 everyone else.
11 JUDGE HOYT: You know, Ms. Curran, I'm not 12 willing to accept that. The intervenors cooperate among
() 13 themselves on other matters. I find it just as encouraging 14 for the good conduct of this proceeding for you to cooperate 15 in getting the word around on the orders and the motions and 16 the decisions that come out of this Commission.
17 If you don't, then I'm not going to. Your 18 cooperation can flow through a number of different channels.
19 You don' t have to cooperate just because it's somebody 20 that's supporting your position.
21 MS. CURRAN: Certainly, we try to cooperate.
22 It's just a practical problem that you just don't get a 23 chance to call everyone, and don' t realize that someone else 24 hasn' t gotten it.
( 25 Sometimes, you just don't even know that someone ACE FEDERAL REPORTERS, INC.
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- \g f'~7/bc 1 else hasn' t gotten something. And we do try to cooperate 2 with everyone.
3 JUDGE HOYT: We're going to have to make some 4 sort of provisions. Perhaps the best way is by Federal 5 Express. There is no constraint budgetwise on our doing 6 that. so we'll see if we can't get it in particular up to 7 Mr. Bisbee, up in Concord, and to you in Manchester, Mr.
8 Backus; because I understand there's also been problems in 9 getting things out, which I thought were further away from 10 Washington than that.
11 But I think we've taken that as far as we can oo.
12 Thank you very much for your cooperation and for O 13 veer perticipatiee ia taie oe11.
14 Ms. Curran, we'll see you tomorrow at 1:30 on 15 this 16 same line.
17 (whereupon, at 2:40 p.m., the teleconference 18 adjourned.)
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CERTIFICATE OF OFFICIAL REPORTER
.r 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 HAMSPHIRE, et al.
(Seabrook Station, Units 1 and 2)
DOCKET NO.: 50-443-OL, 50-444-OL PLACE: WASHINGTON, D. C.
pd DATE: MONDAY, APRIL 13, 1987 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.
- i. ,
(sigt) '
(TYPED)
DAVID L. HOFFMAN Official Reporter ACE-FEDERAL REPORTERS, INC.
Reporter's Affiliation 1
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