ML20206H065
| ML20206H065 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/08/1987 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3064 OL, NUDOCS 8704150242 | |
| Download: ML20206H065 (5) | |
Text
'sjk 50b Filed: April 8,1987 00LKETED UNITED STATES OF AMERICA USNHC NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC ~ SAFETY AND LICENSING BOARD In the matter of:
0FFICE CF SECf t iMY 00 KEf thG & SEPV!CI.
PUBLIC SERVICE COMPANY OF Docket No. 50-433 OL
[k NEW HAMPSHIRE, ET AL Offsite Emergency Planning (Seabrook Station, Unit 1)
& Safety Issues SEACOAST ANTI-POLLUTION LEAGUE'S MOTION TO EXTEND THE DEADLINE FOR FILING RESPONSES TO APPLICANTS '
MOTIONS FOR
SUMMARY
DISPOSITION The Seacoast Anti-Pollution League moves the Licensing Board, pursuant to 10 CFR S 2.730, 5 2.711 and 5 2.7 49(c), to issue an order to extend the deadline for filing responses to Applicants' Motions for Summary Disposition.
As bases for supporting this motion SAPL states:
1)
Applicants have sought summary disposition on all 11 contentions SAPL has had admitted in this proceeding.
The motions for summary disposition on SAPL's and other parties contentions were served on SAPL on March 26, 1987 in a box over six inches in depth.
Each of the motions directed to SAPL's contentions had at least one and in some instances several i
detailed af fidavits associated therewith and each motion contained a detailed recitation of f actual and legal issues the Applicants asserted not to be in dispute.
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B704150242 B70408 PDR ADOCK 05000443 Q
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The affidavits associated with the motions were provided at least in part by individuals who have not been identified as witnesses for the Applicants. In response to SAPL's General Interrogatory "What witnesses do the Applicants intend to have testify with respect to this contention?" Applicants replied as recently as March 18,1987 " Witnesses have not yet been selected."
The Town of Hampton in its interrogatories (SAPL intends to litigate Hampton Revised Contention III to Revision 2) asked Applicants to " Identify all persons on whose factual knowledge, opinions, or technical expertise you rely for your position na each contention and subpart thereof." (emphasis added)
Applicants, though supplying a list of seven names, did not in their March 18 reply specify which experts would be relied on for each specific contention.
3)
SAPL contends that, with respect to each of its 11 admitted contentions, there are substantial genuine issues of material fact in dispute.
Pursuant to this Board 's schedule and S2.749(a), SAPL has only 20 days to respond to the aggregate of Motions for Summary Disposition directed to its contentions.
This is an inadequate amount of time for consultation with expert witnesses, preparation of affidavits, and drafting of responses and statements of facts in dispute.
4)
Since the Board has not yet provided the parties with a memorandum detailing the bases for acceptance or rejection of contentions on the Revision 2 plans, it is premature to be carrying forward with summary disposition at this time.
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'. 5)
In answer to interrogatories, SAPL received a great deal of material on March 19, 1987.
These answers to discovery and the summary disposition motions are in the process of being distributed to the appropriate experts but these experts will require a reasonable period of time to assess the material and prepare af fidavits in response.
6)
SAPL has had so much work to do associated with this proceeding including the seeking of a stay of the low power license filed this date, that it has not yet had time to seek production of documents from either the Applicants or the State of New Hampshire.
7)
Thomas J. Adler, the expert witness upon whom SAPL
-intends to rely in litigating SAPL Contention 31 and Hampton Revised Contention III to Revision 2 has not received certain key information required to perform his analysis properly (see
" Attorney General James M. Shannon's Motion to Extend the Deadline Within Which to Respond to Applicants' Motions for Summary Disposition" at points #6 and 7).
WHEREFORE, SAPL moves this Board to issue an order extending the deadline for filing summary disposition to Monday, May 11, 1987.
a g, g Respectfully submitted, Seacoast Anti-Pollution League By its Attorney BACKUS, MEYER & SOLOMON I
DATED April 8,1987
'R66ert A. Backus 116 Lowell Street Manchester, NH 03105 603-668-7272 I hereby certify that a copy of SAPL's Motion to Extend the Deadline for Filing Responses to Applicants ' Motions for Summary Disposition has been sent this date, first class, postage prepaid mail to all parties on the attached service list.
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'#obert A. Backus
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CERTIFICA'1E OF SERVICE AND SERVICE LIST OXKEiU Jose Asst.Gn.Cnsl.
IIelen Hoyt. Chm.
LINkC Thomas Dignan, Esq.'
Fcd. ph Flynnlgmt.
Emerg. A Agcy.
Admn. Judge Ropes & Gray 500 C.St. So. West Atomic Safety & LicJrc$R -9 N44En, MA 225 franklin St.
Washington, DC 20472 USNRC er 02110 Washington, DC 20555 0FFILE,
..~:e r Office of Selectmen Dr. Jerry Harbour *DOCKEf% s " add 6keting & Serv. Sec.*-
Town of Hampton Falls Admin. Judge BRANCH Office of the Secretary Hampton Falls, NH 03844 Atomic Safety & Lic Brd.
USNRC USNRC Washington, DC 20555 Washington, DC 20555 Shenvin E. Turk, Esq. E Dr.
Office of Exec. Legl. Dr.
Gustave A. Linenberger
- Jane Doughty Admin Judge SAPL USNRC Atomic Safety & Lic. Brd.
5 Market Street Wachington, D.C.
20555 USNRC Portsmouth, NH 03801 Washington, DC 20555 Phillip Ahrens, Esq.
Paul McEachern, Esq.
George Dana Bisbee, Esq.
Acet. Atty. General Matthew Brock, Esq.
Attorney General's OFF.
Stnte House, Sta. #6 25 Maplewood Ave.
State of New Hampshire Augusta, ME 04333 P.O. Box 3GO Concord, NH 03301 Portsnouth, MI 03801 Catul Sneider, Esq., Asst. AG Diane Curran, Esq.
Ono Ashburton Place.
Harmon, Weiss
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William S. Iord Board of Selectmen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.
Bo ton, MA 02108 Washington, DC 20009 Amesbury, MA 01913 Richard A. Hanpe, Esq.
Maynard Young, Chainmn Sandra Gavutis New Hampshire Civil Defense Board of Selectmen Town of Kensington Agency 10 Central Road Box 1154 Hanpe & McNicholas Rye, MI 03870 East Kingston, N.H.
03827 35 Pleasa toncord, nt St03301 Ni Judith H. Mizner, Esq.
Edward 'Ihomas Mr. Robert Harrison Silverglate, Gertner, FEMA Pres, & Olief Exec. Officer Baker, Fine, Good & Mizner 442 J.W. McConmck (POQi)
PSCO 88 Broad Street Boston, MA 02109 P.O. Box 330 Boxton, MA 02110 Manchester, Mi 03105 A]an Rosenthal, Giainmn N Roberta Povear Atcmic Safety & Lic. Appeal State Rep.-Town of Hanpt Falls Board Drinkwater Road g5; g
US. NRC Hanpton Falls, MI 03844 gp Washington, DC 20555 s'W,"y ;n B
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Gary Edles
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Hcward A. Wilber 4
Atomic Safety & Licensing Appeal Ecard U.S. NRC Washington, DC 20555