ML20206J477
| ML20206J477 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/14/1987 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#287-3196 OL, NUDOCS 8704160104 | |
| Download: ML20206J477 (42) | |
Text
{{#Wiki_filter:u ORGR 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 i.1, (Seabrook Station, Units 1 and 2) TELEPHONE CONFERENCE O LOCATION: WASHINGTON, D. C. PAGES: 2421 - 2460 DATE: TUESDAY, APRIL 14, 1987 e i ACE-FEDERAL REPORTERS, INC. OfficialReporters 444 North CapitolStreet Washington, D.C. 20001 G02) M 3 M eroo160104 370414 2Du ADOCK 0500 43
5740 01 01 2421 r'~ysimons 1 UNITED. STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 BEFORE THE ATOMIC SAFETY AND: LICENSING BOARD 4
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In the Matter of: 6 PUBLIC SERVICE COMPANY OF
- - Docket No. 50-443-OL 7
NEW HAMPSHIRE, et al. 50-444-OL' 8 (Seabrook Station, s' TELEPHONE CONFERENCE 9 Units 1 and 2) 10
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12 Suite 402 (} 13 444 North Capitol Street 14 Washington, D.C. 15 Tuesday, April'14, 1987 16 The telephone conference in the above-entitled 17 matter convened, pursuant to notice, at-1:35 p.m. 18 BEFORE: 19 JUDGE HELEN F. HOYT, Chairman 20 Atomic Safety and Licensing Board 21 U.S. Nuclear Regulatory Commission 22 Washington, D.C. 20555 23 24 25 ACE-FEDERAL REPORTERS, INC. l 202-347-3700 Nationwide Coverage 800 336-6646 A.
y n 5740101.-.01 2422 r^Tysimons 1 JUDGE GUSTAVE A.-LINENBERGER,[JR., Member. l 2 1 Atomic Safety-and Licensing Board 3 U.S.' Nuclear Regulatory Commission 4 Washington, D.C. 20555. y 5 JUDGE JERRY HARBOUR,. Member 6 Atomic Safety and Licensing Board 7-U.S.-Nuclear Regulatory. Commission-8 washington, D.C.'20555 9 APPEARANCES: 10 On Behalf of'the' Applicant - 11 KATHRYN-SELLECK, ESO. 12 Ropes and Gray-13 225 Franklin Street 14 -Boston, Massachusetts 02110 9 15 On Behalf of the Nuclear. Regulatory Commission: 16 EDWIN REIS, ESO.: 17 ELAINE CHAN, ESO. 18 office of the Executive-Legal Director 19 U.S. Nuclear Regulatory Commission 20 Washington, D.C. 20555 21 22 23 24 (]) 25 ACE-FEDERAL REPORTERS, INC. . 202 347-3700 Nationwide Coverage 800 336-6646 .u., , + -.... _ .en.. ., -, -. ~,., ~
i 5740 01(01' 2423-r'7ysimons 1 On Behalf of NECNP: 2 DIANE CURRAN, ESO.- l 3~ Harmon and Weiss 4 2001 S Street, N.W. 5 Suite 430 6 Washington, D.C. 20009 7 On Behalf of the Town of-South Hampton: 8 MATTHEW B. BROCK, ESO.- 9. Shaines and McEachern. 10 P.O. Box 360. 3 t 11 25 Maplewood Avenue 12 Portsmouth, New, Hampshire 03801 13 14 15 4 4 16 'l 17 18 2 19 20 21 22 i 23 24 LO 2s Ace FEDERAL REPORTERS, INC.- ' 202-347-3700 Nationwide Coverage 800-336-6646 .. ~
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5740-Ol?01 -2424 q 4 P R'O C E IF D IsN'G S O^iysimons1 2 ' JUDGE HOYT:.Thank'you_very much. We will~ask-l 3 .the reporter to begin.the recordinginow.as we-call this ~ 4 particular conference call into session.- i 5 We'have asked the parties to join usLin thi's-i a 6 -psrticular'conferenceicall'today with: Judges Harbour and 5 7 Linenberger and myself because of_the need to give.acquick 8 response to the recuest of Ms. Curran on beh_alf.of<NECNP, 9 and what we are dealing with here is the-motion'to strike i ~ ^ 10 of:the applicants which was filed on March 30 for the-Town-i- 11 of Hampton to provide Contention 2 in-part,-and.also'Ms. 12 ' curran's motion on behalf of1the New-England l Coalition on- { Nuclear Pollution _and the Town:of Hampton's joint motion 13 14 for the extension of-time for responding to thejsumniary; 15 disposition motions. 16 Mr. Curran, since _this Li:s basically'your motion,- 4 17 do you have anything in addition to what you filed with us 18 on April'13th, yesterday? 19 MS.-CURRAN: Yes, I do. 20 JUDGE HOYT: Let-me'first of all. determine.- ~ Ms. 1-21 Selleck, did you get a copy of this? i 22 MS. SELLECK:- Yes,fwe did,.Your' Honor, yesterday-1- 23 afternoon. 24 JUDGE HOYT:: Thank you.- I'think that's the one () 25 we sent Fax machine to your is that correct? 1 4 ACE-FEDERAL REPORTERS,' INC. j 202-347-3700 Nationwide Coverage - ~ 800-3354646 -.~.:. -.
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'2425 ysimons l'- MS. SELLECK: ' That's right,'Your-Honor. 2 JUDGE HOYT: All right. We served it.for you, 3 Mr. Curran, in order that we may proceed with this call 4 today. -5~ MS. CURRAN:- Okay.. 6 ' JUDGE HOYT: Go ahead, Ms. Curran. 7 MS. CURRAN: Well, one of s the things that im 8 discussed in-the. conference call yesterday was that.there .9' is a significant amoun't of information that has not yet 10 been turned over to us in the discovery' process,-and 11 yesterday the parties discussed the sheltering contentions, 12 evacuation time estimates and Ifthink decontamination-13 facilities. } 14 NECNP has.two other contentions for which this 15 problem is particularly true. ThatLis Contention?NHLT-2 16 regarding the adecuacy of emergency response. personnel'and 17 NHLT-6'regarding-the adecuacy of protective' measures for 18 people with special transportation needs.- 19. -The Board has granted motions to compel on a 20-number of our interrogatories that relate to these issues-21-and we' haven't received the. additional material. 22 We also are-awaiting the answers-from New '23 Hampshire to our second set of interrogatories that were 24 necessary to flesh out some of-these-issues fram New ( ). 25 Hampshire.= So we are in the same boat --- - ACE FEDERAL REPORTERS, INC. -202 347-3700 Nationwide Coverage 800 336-6646
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r' 5740 01 011 2426 r~gysimons 1 JUDGE HOYT: Ms. Curran, on the second round of' (_) 2 discoveries that you tried, as a courtesy we did convene a-3 conference call, as you will recall. I don't have the date 4 before me at this particular moment, but you may, because 5 I'm sure you will recall that we resolved'that problem so 6 far as the State of New Hampshire responding to your-7 reauest for certain document. 8 As you recall, from the State Hampshire's 9 position on that, the responses they made were voluntary 10 and given to you and I believe that that was in accordance 11 .with an earlier order of this Board which we cited to you 12 at that time, or the State of New Hampshire cited to you in (} 13 their response to that earlier. 14 As far as the matter of the material that we 15 granted your motion to compel on in regard-to the 16 applicants, that particular response.was contained _in the 17 Board's order of April the 7th which, if you will recall 18 from yesterday's conference call, it was determined that 19 the applicants had not received that order. 20 They, as you have heard earlier in this 21 conference call, acknowledged lthat they did receive it this 22 morning. Therefore, there is no problem to the applicants 23 responding to that, those motions to compel that have been 24 granted by virtue of our order of April 7th, and I'm sure () 25 they will do so immediately. ACE FEDERAL REPORTERS, INC. 202-347-3700 Nationwide Coverage 800-336-6646 l _ _ -. =_
I 2427 5740 01 01 tr Tysimons 1 Now I'm going to ask Ms. Selleck, can you'tell b 2 us when you can respond to those particular motions lto 3 compel which we did grant in that. April 7th order. 4 MS. SELLECK: Yes, Your Honor. 5 This morning I went over the Board's order of 6 April 7 and it appears that the Board has ordered 7 applicants to answer NECNP Interrogatories 2, 7, 10, 11 and 8 15. 9 JUDGE HOYT: That is correct. 10 MS. SELLECK: I also looked at the applicants' 11 response to NECNP's motion to compel which we filed I 12 believe on April 8th before we knew that the Board had 13 ruled on the motion to compel, and I believe in that filing {} 14 is the applicants' response to the NECNP's motion to 15 ' compel. 16 JUDGE HOYT: In part you did, Ms. Selleck.- You 17 responded, for example, I believe it.is in the 18 Interrogatory 7 which we nad required you to respond to by 19 submitting the titles I think of the personages that were 20 listed on Attachment 7-1, personnel assisting NHCDA with 21 the development of Revision 2 of the NHRERP. 22 MS. SELLECK: That is correct, Your Honor, and I 23 believe as well we have responded to 10 and 11 by saying 24 that we didn't have the materials asked for, and the same () 25 for 15. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Nationwide Coverage 800 336-6646 n --
-5740 01 01 2428 pmiysimons 1 JUDGE HOYT: All right. Now as to the Teamsters \\) c 2 Union contract, which you do not have according to your 3 response of April 8th, and 14 and 15', I believe those were 4 some calculations that were reauested. If I understand, i 5 you have them incorporated in your responses to 6 Interrogatory 13? r 7 MS. SELLECK: That's right, and in our response r 8 to the motion to compel we again said that no such 9 calculations had been generated for the NHRERP,-Revision 2. 4 10 JUDGE HOYT: Yes, that's correct. I think in s 11 one of the earlier sections of this order, and by this 12 order I am describing the order of this Board of April 7th, (} 13 we had suggested to the parties that if there are.not 14 calculations available, there is no necessity for the. 15 applicant to perform the analysis work for the requesting i 16 party for the interrogatory, and I think that is the.-same 17 response here. 1 18 That leaves us then with-Interrogatory --- 19 MS. SELLECK: No. 2, Your Honor? 20 JUDGE HOYT: Yes, No. 2. 21 MS. SELLECK: Yes, and I believe we'have 22 referred the intervenors to our motion for summary 4 23 disposition for our positions on all contentions. 24 JUDGE HOYT: All right. Why doesn't that () 25 satisfactory your request then, Ms. Curran?. ACE FEDERAL REPORTERS, INC. 202 347-3700 Nationwide Coverage 800-336-6646
5740 01 01 2429 r"Tysimons 1 MS. CURRAN: Well, I still have a number of 2 reauests outstanding to the State of New Hampshire, and I 3 believe the Board has required the State to respond to my 4 interrogatories. 5 JUDGE HOYT: I believe we asked them to do on a 6 voluntary basis and they responded in our call on that 7 second round, which we had not provided a second round of 8 interrogatories in this case, Ms. Curran. 9 MS. CURRAN: Judge Hoyt, I'm' referring _to the 10 first round of interrogatories and your' ruling dated April 11 8th, 1987 on our motion to compel on the first round. 12 JUDGE HOYT: All right. Let's see, that brings 13 up another order and we have that'one before us. You had (} 14 wanted from the State, and I'm reluctant to bring the State 15 into this conversation because we had not as of yesterday 16 had any knowledge that you wanted to take them into the 17 conversation of this conference call today, Ms. Curran. 18 I believe it would be better if we did not 19 discuss anything in regard to the State since they are noi 20 a participant in this call and I believe they would have-to 21 have an opportunity to respond. 22 I have that order in front of me, and I don't 23 recall now that there is any particular problem. As a 24 matter of fact, apparently our feeling was in that order () 25 that most of the ones that you've asked for have been ACE-FEDERAL REPORTERS, INC. 202-347 3700 Nationwide Coverage 800 336-6M6
J 5740 01 01 2430 p~;ysimons 1 provided. V 2 MS. CURRAN: Well now there are a few that are 3 left, No. 15, No. 16.--- 4 JUDGE HOYT: Yes, ma'am, 15. Let's go ahead. 5 You can give me the. numbers, but we won't. discuss this any. 6 further with you because the State is not a party to this 7 conference call. 8 Fifteen and what else? 9 MS. CURRAN: Sixteen and 37. 10 JUDGE HOYT: -All right. Now let's move on to~ 11 the matters that we have the parties here before us on. 12 There are three contentions that were involved 13 for this call. One is yours, Ms. Curran, which is RERT-8, (} 14 and for you, Mr. Brock, there were two, Town of Hampton 15 Contention No. 8 on sheltering and the Town of Hampton 3, 16 which deals with the ETE. 17 I take it that you may know. If you don't, the 18 Board has decided that it would not grant any summary 2 19 disposition on those motions of the applicant-that went to j 20 those two subject matters, sheltering and ETC. 21 MR. BROCK: Your Honor, it's my understanding l 22 then that it will not be necessary for the Town to make any i 23 filing with respect to Hampton Contention 3 or.8? 24 JUDGE HOYT: -That's right. () 25 MR. BROCK: Okay. I would also point out, Your /\\CE. FEDERAL REPORTERS, INC. I 202-347-3700 Nationwide Coserage 800-336-6M6 .l
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- '{^qysimons'1' Honor, with respect t'o.the applicant'sfsummary disposition
~%) 2 motion on Hampton Contention 6:that one of-the affidavits ~ '3 submitted in support of that motion, the Lieberman 4 Affidavit, raises'and ETE issue.--It's paragraph 4.of'the 5' L'ieberman Affidavit on; Town o'f:Hampton 6 which states'ETEs-i ^ 6-for.Hampton indicating evacuation of;five hours and ten 7 minutes'under good' weather conditions. 8 -From"the Board's~ ruling it would'be our 9= -understanding that.we.would notLneed toLrespondfto:that' i 10 particular issue even though'it is raised.in-Contention 6 11 because it involves an ETE. i l 12 JUDGE HOYT: Give me a momentito-look at this 13 affidavit. [} I 14 J(Board confers.): 15 JUDGE HOYT: Judges: Harbour.and.Linenberger are, 16 examining that afffdavit now. Bear with1 us justfa moment-17 more. 18 MR.-BROCK:.Okay. 19. JUDGE HOYT: 'Ms.-Selleck,1I want you_to respond-20 when we are ready here. 21 MS. SELLECK:i Yes,-Your Honor.- L 22 -(Board conferring.) 23 MS. SELLECK: I'm'not~following where in the U j \\ 24 Lieberman Affidavit we're looking. -() 25 MR. BROCK: Paragraph'4. - ACE FEDERAL-REPORTERS, INC. 202 347-3700 ' Nationwide Coverage 800-336-6646,
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15740 01 01 2432 _p jysimons 1 JUDGE HOYT: We're=having a little problem here (.) 2 as well. 3 Mr. Brock, could you point out tx) us where it is 4 in that document you're asking us to look? 5 MR. BROCK: Yes, Your Honor. I'm looking at 6 what is entitled Affidavit of Edward B. Lieberman (TOH-6) 7 dated March 25, 1987 submitted by applicant in support of
- 8 its Motion for Summary Disposition on Town of Hampton' 9
Contention 6. 10 JUDGE HOYT: That's what I have here I thought. 11 What page is it that you're talking about, Mr. Brock, 12 because we can't find what you're referring to~either. 13 MR. BROCK: Well, this affidavit I'm looking at [} 14 consists of two pages --- 15 JUDGE HOYT: Exactly. 16 MR. BROCK: --- with four numbered paragraphs. 17 JUDGE HOYT: Right. 18 MR. BROCK: The fourth paragraph says: "The 19 evacuation time estimate for the region, including the Town-20 of Hampton, is five hours ten minutes during summer weekend. 21 under good weather conditions. It is three hours thirty-22 five minutes during non-summer months under the same 23 conditions." 24 Those are ETE issues, and it's understanding (') 25 from the Board's order that we would not have to respond to i: ACE FEDERAL REPORTERS, INC. 202-347 3700 Nationwide Coverage 800-336-6M6
7 a 5740 01 01 2433 l .r^Tysimons 1 those. k~) 2 JUDGE HOYT: Very well. ll 3 ~ MR. BROCK: Is that correct? T 4 JUDGE HOYT: Let me ask Ms. Selleck, do'you have 5 something to contribute on this before.we give you'our 6 ruling. a 7 MS. SELLECK: Your Honor, it appears to met that 8 this is not central to'the motion, but;that paragraph 1would 9 seem to be encompassed in the Board'sfruling' yesterday. ~ 10 JUDGE HOYT: Just a moment.. I 11 (Board conferring.)- i 12 JUDGE HOYT: I think, Mr. Brock,1 the answer lies i (} 13-in the fact that there are two Lieberman. affidavits.:.One 14 was filed in cenjunction with the' applicant's motion for-s !!5 summary disposition on your Town of Hampton 3, and in that. ~ 16 ' there was some population estirat'6'givenfa'nd also there 17 were a number of other responses in that affidavit 18 concerning the ETE. 19 The affidavit which has been assigned to your 20 TOH-6 --- 21 (Board conferring.) 22 JUDGE HOYT: It's just a summation of what he-23 has'in his TOH-6 response'also of March'25 in a separate 24 affidavit. ( 25 Ms. Selleck, is that'right?
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. ~.. =_.. .5740 01-01 2434 ~ r^eysimons'.1' MS. SELLECK: I believe that is. correct,-Your; i 2 Honor. I c3-JUDGE HOYT: Does:that help-you,-Mr..' Brock'? ~ 4 MR.. BROCK: Well,-Your Honor,Tjust so-I-4 5' - underst'and then. Since the' Lieberman affidavit. addressing. 6 Town'of Hampton 61is a summation of.!his ETE-findings in his -7 - affidavit on Town.of-Hampton'3,.can.I assume that we doanot 8 need to respond.to the issues in eitheriLihberman E 9 - affidavit? I' 10 . JUDGE HOYT: No, Mr. Brock,JthatLis not 11 correct.- You will have to respond _.to.thet.Lieberman~ i 12 affidavit as it's filed on.TOH-6, but not as it is-filed on 13 .TOH-3 since the'TOH-3' affidavit of Mr..Lieberman wentito: 14 the subject matter.of the ETE, the evacuation time t 15 - estimates. 16 MR. BROCK: Your Honor, if I could make'just.one 17 other clarification. .18 JUDGE HOYT: t-Sure. 19 MR. BROCK: With respect to!the Lieberman. 20 affidavit on Town of Hampton 6,.I understand-that the Board p 21 is saying that there are basically two issues ~ raised in. 22 that affidavit.- - One is population estimates, which I: 23-understand that we are.to address then and respond to. } 24-The second, his summary finding of-the time for O 25 the ETE --- e - ACE-FEDERAL REPORTERS, INC. -202-347-3700 - Nationwide Coverage 800-336-6646 ,qw e - em -g ga -,- t.7-,4-<---r -9 ,,et, .my,y,..,,, y. ,.,n.~.-, g, e w .e sw,o., ..,,+.e -c p eer,s,.g-.w. g se e .or*,---g-- ,.,m.--..,
t-- '!5740 01'01' 2435. 1 .rmeysimons 1-JUDGE HOYT: Mr. Brock --- U ~ 2 .MR. BROCK: Yes. 3 JUDGE HOYT: ' --- I think the affidavit of.Mr. ~ 4 .Lieberman, which is entitled TOH-3 also filed on March 25th 5 .was given in conjunction'with those matters that were set 6 forth in TOH-3, your. Contention 13. 7 The one'that addressed 6 was on a very limited. 8 portion of that because your TOH-6 conten' tion. concerned 9 some personnel needs, according to my. notes. 10 MR. BROCK: That's correct,1Your Honor.- It's-l 11 basically dealing with' personnel, and the: fact 1that there 12 is a paragraph in about ETE,7 the time ~reauired..for-13-evacuation, I believe:Ms.- Selleck has Jjust : said'she thinks- } 14 that peripheral to'the' issues in the. contention, and,~ 15 frankly, if we are required to respond to.that", we are 16 ~ going to have to bringing in sffidavit' material that 17 appropriately should have been addressed in Hampton 3.. j 18 So it seems like it would'be~ defeating the i 19 purpose of the Board's order to. withhold: judgment on. I l 20 summary disposition on ETE issues if we are recuired-to-l { 21 address that. That's not really the thrust _of Hampton 6' 22 which deals with personnel issues. 23 JUDGE.HOYT: There is another affidavit I 24 believe on TOH-6, is there not,.which was the affidavit'of i f () 25 a Manager of Emergency Planning for New Hampshire Yankee, s ACE-FEDERAL REPORTERS, INC. 202-347-3700 Nationwide Coverage 800-336-6M6 . - -... _,.. _. ~.. _....
5740 01 01 2436 r^qysimons 1 and I think that that was a central affidavit. U 2 There was also another one from the New 3 Hampshire Civil Defense Agency Director. 4 It seems like to me that the one that was given 5 by Mr..Lieberman was very much, as Ms. Selleck has 6 described it, merely peripheral to the issue of the 7 contention, the central bases of the contention that you 8 had filed. 9 MR. BROCK: That's my understanding, Your Honor, 10 and we are prepared to address all the issues contained in 11 the Mr. Canendrello's affidavit and Mr. Strom's affidavit 12 that we think are the central thrust of the applicant's (} 13 motion and we will respond to those. 14 But Mr. Liebennan's af fidavit. really seems to be 15 simply a summation of ETE issues and we would ask that we 16 not be required to respond because-then we are just going 17 to have to open the door to getting into the whole ETE 18 matter. 19 JUDGE H0YT: Mr. Selleck, do you agree with us 20 that that affidavit of Mr. Lieberman so far as it concerns 21 TOH-6 is merely_a peripheral problem'that is really not 22 central to the issue and that your other two affidavits 23 are? 24 MS. SELLECK: Yes, Your Honor. From looking at () 25 it just now it appears to me that' summary disposition could ACE-FEDERAL REPORTERS, INC. l 202-347-3700 Nationwide Coverage 800-336-6M6
6 . '5740l01'01' =2437 r^]ysimons1-be< granted without that paragraph. , b 2-JUDGE HOYT: In the Lieberman' affidavit?- 3 MS. SELLECK: Yes,'Your Honor; 4 JUDGE _HOYT:; Mr.: Brock --- '5 MR. BROCK: Yes, Your Honor.. 6 JUDGE HOYT: --- we won' t require you as. to 'the '7 Town of.Hampton's' Contention No. 6 tx) respond to that i l 8-portion of the applicant's motion for summary. disposition i-9 'as concerns the af fidavit of Mr. Lieberman.. i 10 MR. BROCK: We will notLhave to respond to Mr. t I j 11 Lieberman's affidavit? So far as it concerns your Town of: 12 JUDGE HOYT: e ( 13 Hampton's Contention No. 6. 14 MR. BROCK: Thank you, Your Honor. J l 15 JUDGE HOYT: Do you want-to'. withdraw that part, 16 Ms. Selleck, and perhaps inclbde it along.with-your Town of i. 17 Hampton 3 contention because I' think that's 'also the place 3 1: 1 18 in which you have placed the special oualifications of.Mr. i 19 Lieberman. I'm incorrect on1that. It's attached to the ~ 20 affidavit that's a part of the Townf of Hampton 3. So you j i 21 can strike all of the above. 22 All right. 4 23 Ms. Curran, would you.like.to continue. 24 MS.-CURRAN: Yes. I. don't haveiany new factual. ] j () 25 information to add, but I would like the Board to' consider 1 1. /LCE FEDERAL REPORTERS, INC. 202-347 3700 Nationwide Coverage 800-3 % 6646 ,,.. -...~..;_..._-.._.,---... .a. a ._ _. s,. 2,-
ll l2438 5740101 01_ .r+'ysimons 1-th'e.other _ arguments made in our joint motion of April 13th '2-which-includes > numerous conflicting. deadlines.that~a'ffect 3 ithe.Seabrook~ case, beginning:with,one t'omorrow on a 4 _ petition for rule-making and going on_steadilyfthrough the- ~ 5 next.several. weeks. 6 And, _ second,. the fact that FEMA h'as not issued 7 findings on any.of these_ issues and-:that summary judgment 8 would be premature at this point. 9 And, finally, that.although weitried to obtain 10 early discovery on applicant's witnesses' -affidavits, 11 whatever.information they might'be relyington-in this. case, 12 applicants didn't identify?any of the information that was 13 submitted in summary judgment affidavits'to us when they-14 responded to our interrogatories,-and then ouite shortly 15 thereafter filed for summaryLjudgment and we lost about a 16 week in that process.- 1 17 JUDGE HOYT: Ms. Curran, you're,asking us to 18 accept at face value some of _ the things 'that you have in 19 your motion of April 13th. Beforefwe get into-some of 20-those that I had some: problems.with and we'll: talk with you - 21 in a moment about, let me poll the other. conferees to see ? 22 if~they have any other matters to add'to this. 23 Mr. Reis,.weLhave not had an opportunity to hear-24 from the Staff. Do you wish-to make any contribution? () 25 MR. REIS: Ms. Chan will be conducting this . ace-FEDERAL REPORTERS, INC.
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5740'01 01 .2439 -r Tysimons 1 conference call on behalf of the Staff. 'b 2L JUDGE HOYT: Thank you. That's usually the case 3-when it's a matter of discovery and problems of that~ nature 4 I believe, Mr. Reis. So thank you. 5 MR. REIS: Here is Ms.~Chan now. 6 JUDGE HOYT: Pardon? 7 MR. REIS: Here is Ms. Chan'now. As I said, Ms. 8 Chan will be conducting this conference call on behalf of J 9 the staff, and here is Ms. Chan. 10 JUDGE HOYT: All right. I'm sorry, I didn't 11 hear part of what you had said to us there and I 12 misunderstood you. (} 13 Ms. Chan, would you please give us the Staff's 14 position or if there are any comments you wish to put on 15 the record at this time. 16 MS. CHAN: Since FEMA is not here on the i 17 conference call today, I thought I would make a comment on 18 their behalf, that to the best of.our understanding on 19 Contention NHLP-2 and NHLP-6 FEMA has not yet received 20 adequate information regarding adecuacy of the emergency 21 response on those two particular contentions at this 22 present time. 23 JUDGE HOYT: Ms. Selleck, that seems to have 24 been a continuing problem that we didn't ask you to be ()' 25 prepared on in this conference call. However, it has come ACE-FEDERAL REPORTERS, INC. 202-347-3700 Nationwide Coverage 800-336-6646 l ~
5740 01 01 2440 r Tysimons l up twice now. Is there'anything that you can add on that? 2 Is there some reason why FEMA is not getting the ~ 3 information that they and the Staff seem to say that they 4 want and you are not giving it to them or delaying or --- 5 MS. SELLECK: Your Honor, I'm not clear what it 6' is they are looking for. I will of course checkiwith the 7 applicant, but my understanding is that nothing-is owed. 8 JUDGE HOYT: Mr. Reis yesterday indicated.to us 9 that there was some matters that he was going:t'o. detail to 10 us. 11 Have you had any opportunity to work on that 12 list, Mr. Reis? 13 MR. REIS: No, because I wanted'to get more with {} 14 FEMA, and we do have some indication which Ms. Chan will 15 indicate right now as to these two, what FEMA has requested 16 and what it doesn't yet have. 17 JUDGE HOYT: All right. If you help us with 18 that, Ms. Chan. Would you tell the applicant's counsel 19 what it is you're looking for, and that is for your'use as 20 well as that of the FEMA representative. 21 MS. CHAN: Certainly. One of the documents 22 requested by FEMA and has not yet been received are 23 assurances of employers of the Teamster drivers.- 1 24 MS. SELLECK: I'm sorry, I'm having some -( ) 25 difficult hearing. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Nationwide Coverage 800-336-6646
--5740 01101' 2441 l k )5ysimons l' ra MS.;CHAN: One of the documents reauested by L n 2. FEMA'which it has not yet received were-assurances.that-the- -3 . employers of the Teamster drivers that were mentioned-in 4 the' Teamsters Union letter.of agreement, whether their; 5: employers would be willing to allow them'to leave >their.
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+ 6- -jobsJto respond to an emergency. 7 Did you' hear'that, Ms.-Selleck?: i 8 MS.-SELLECK: Yes. I:believe what'you' said was-r .9 you're looking for documents'that'the ap~plicants have 10 regarding whether'dEiversempl.oyers.would be'willing to_' 11 allow.them to leave'their jobs? I L 12 MS. CHAN: .That's ' correct; There is a-letter of I 13 agreement with the Teamsters UnionLwhich indicates that the-- ) l 14 Teamsters have agreed to provide the drivers, but-if the 15 employers of those particular. drivers have not made a: 16 similar agreement and commitment', then the letter of-f 17 agreement does not havefmuch weight. : l 18 MS. SELLECK:- I understand that the agreement is; i 19 with the State of New Hampshire. q 1 l 20' MS. CHAN: That's correct.. i. 4 21-MS.'SELLECK: And what you're looking for are' ~ .) i j 22 documents that applicants'would have.regarding further 23 agreements? j I 24 MS. CHAN: No. We don' t' know if the. applicant .{f 25 has it. It is just that this information has to be /\\CE-FEDERAL REPORTERS, INC. l 202-347-3700 Nationwide Coverage 800-336-6646 . _,... _. _ _, ~. .. ~. _.. _ -. _,. - _. _. _, _.. _... -, _ -.
~ 574 0.~ 01 2442 ysimons 1 provided to FEMA in order'for them to have reasonable -2 assurance that the plan can be implemented. 3 .MS. SELLECK: I'm. afraid' I. don' t understand, 4 -Your Honor. I thought'.we were' discussing the items that 5 applicants are to provide the staff,cthe outstanding' items 6 that have not been provided. ~ 7 This doesn't sound-like it's something that. 8 applicants have. i 9 MS. CHAN:.This is'an item that FEMA has 10 requested of the applicants to indicate that --. the. burden 11 is on the applicant to produce'the information'that FEMA 12 needs to make its finding. 13 MS. SELLECK: Okay. So,'in other words, you're-14 looking for documents that we're not sure if.we've got i i 15 them? 16 MS. CHAN: That's correct. i j 17 MS. SELLECK:'-Well, we will certainly.look into I 18 it and.let you know forthwith'. 19 MS. CHAN:- All right. There are a number of. 20 other items, but they will be detailed in~an affidavit-1 1 21 provide,d by. FEMA in' support.of.th'eir position for the o 22 motions for summary disposition which will be filed-i 23 tomorrow. So you can go through that list and you'll have 24 a list of most of the information that.is still sought. ! O-2s as settscx= 1 eat 11teaevounve#o2 [ ACE-FEDERAL REPORTERS,'INC. '202-347-3700 ' Nationwide Coverage 800-336-6M6 L
5740I0l 01 ~ 2443 L <;<pa ysimons,1 MS.1CHAN: This is part of.our response to'the r L -/ 2 motionsLfor summary disposition. ' FEMA has provided some of 3
- this information -in the, form 'of ' their af fidavit.
4 4 JUDGE HOYT: Can you tell us what contention ] 5. you're' thinking of, Ms. Chan? l 6 MS..CHAN: Yes.- That.was NHLP-6. 7 uJUDGE HOYT: -Any'others? 8 MS. CHAN:' There are numerous other documents 1 9 ' requested by FEMA. I can do them'now or.the partiesiwill 4 10 have it when we file our response. ~ 11-MS. SELLECK: Excuse me, am I~right'that not-12 having these documents it isn' t prevent'ing you from= d l { 13 responding to motions for summary disposition? 14 MS. CHAN: 'We can'still respond to~ motions-for i [ 15 summary disposition, but we can' t support them until we 16 have these documents. 17 JUDGE HOYT: You can' t. support a summary 18 disposition until you'have the-documents;-is that what 19 you're saying,HMs. Chan? 20 MS. CHAN: That is correct, Your~ Honor. 21 JUDGE HOYT ' Very well.. Then that would leave u L 22 the Board in the position-of not being able to grant ) 23 summary disposition if there were some documents' missing. i 1 24 I had understood in one-of these contentions - () 25 . dealing with the Teamsters Union that we had. ruled in1there 1 i l ACE-FEDERAL REPORTERS, INC. I 202 347-3700 Nationwide Coverage 800-336-6646 . -.. _ _.. _, _ _. _ -.., - _ -.. -., _. _ _,.. _. _.. _ _ _ _. _. _. ~ - _.. _,. - _. -......,.. _. _..
1 5740 01 01' 2444-j.;r*]ysimons 1 that the' only do'cuments that: we had said was in conjunction -( / 2 with'theicontention, and:I can't'seem-to locate it at the ~ i 3
- moment,1was'those-documents between the1 Teamsters Union;and i;
4 the employer. l 5 So are those the ones you're looking for Ms.: ~ =6. Chan as well? 7 MS. CHAN:
- I'm not' sure if those 'are the f
8
- specific documents that FEMA is.looking for because FEMA lls i
9 the agency who has' requested the document and I have not-i 10-seen'their formal request. So I'm afraid I cannot respond-11 to that. 12 JUDGE HOYT:- Well,'I think we're all in an. area 13. where we can't go much-further with that. j /} i 14 All right, anything else'in that areaLthat we-15 discuss with you on it? 16 Ms. Selleck, I think you have responded ~to 17 everything, and_the Staff,-we.were trying to get some more 1 18 information from them-if=they wished:to contribute _any. 19 I think, Ms. Chan, we'll take your next problem 20 if you have one from'the Staff point'of' view. i [ 21 MS. CHAN: Your Honor,.did you'want a list ~of 22 all the-documents? { 23 JUDGE HOYT: No, ma'am, Ms. Chan. I'm fully 4 l 24-willing to accept your response that we'll get those-() 25 tomorrow when you file the responses'that are due on the-i /\\CE. FEDERAL REPORTERS,~INC'.. 202-347 3700 Nationwide Coverage. 800-334 6646 l . - ~ _ _.. _. _, _ _. - _ _. _
n 5740J01 01 -2445 .r^Tysimons 1 15th to the motions for summary disposition, the listnof U '2 these. documents that you feellthe' Staff ~needs, that-FEMA 3 -needs from the applicants and you want them to be made 4 available before you can support a motion;for summary 5 disposi tion '.- 6' All those will be listed! tomorrow in your -7 pleadings that will'be filed at that time, and I_ don't-see 8 any point in going through them in this conversation now. 9 Do you have anything else beyond that-issue? 10 MS. CHAN: No,'Your. Honor. 11 JUDGE HOYT: Mr. Reis, since you're on here with' 12 us, I would like to give you-any opportunity if you would 13 like to add anything here. (>) 14 MR. REIS: No, Your Honor. I think.Ms. Chan ~ 15 summed it up. We will be_ filing tomorrow and we.will'tue. 16 listing in the affidavit of Mr. Thomas those documents 17 which the staff and FEMA needs to makeLthe findings.it has E 18 to make under 50.46(a)(2). 19 JUDGE HOYT: Yes. Thank you. 20 Mr. Brock, do you have.anything else before we 21 get into the problem that Ms. Curran raised:about this 22 issue of her pleading of April.13th? 23 MR. BROCK: Your Honor, there~is an outstanding 24 motion to compel and/or strike filed by applicant-to which-() 25 we responded that dealt principally with the Town's ,o ACE-FEDERAL REPORTERS, INC. 202 347-3700 Nationwide Coverage ' 800-336-6646
i ~5740.01:01 2446 -{aiysimons1 inability to provide certain :information ' from our expert.on \\_) 2 the-ETE issues. I don't if this was specifically 3 considered by the Board, but whether give the' fact 7that1 4 summary disposition is'not going to'be entertained ~on ETE ~ 5 issues, islit simply going to defer: ruling on.those motions - 6 because as we set forth in our response t'o the appl'icant's1 L 7 motion,'we don't have:that information available at;this 8 time. 9 MS. SELLECK: Your-Honor, may I respond toLthat? 10 JUDGE HOYT: Yes, ma'am.. 11 MS. SELLECK: I believe what counsel for TOH 12 refers to is the Interrogatories-F-2 and F-3 that 13 applicants propounded to the Town of.Hampton, and what we- {} 14 sought in those interrogatories is.the factual underpinning 15 of the Contention TOH-3. The contention is expressed in a 16 conclusory fashion and we seek simply the-facts underlying-17 the contention. 18 TOH replied that it could not reply, and we then 19 responded that the contention should'be stricken as 20 baseless if the answer cannot be provided. 21 MR. BROCK: Your Honor, the basis, as succinctly 22 as we are able, has been set forth in the bases that we 23 have already filed and had been admitted by the Board. j 24 What applicant is asking is for us to go beyond l () 25 that and in a sense to try to prove our case before our 14CE FEDERAL REPORTERS, lNC. 102-347-3700 Nationwide Coverage 800-336-6646
5740 01 01 2447 y Tysimons 1 expert has hadLan opportunity to fully review, criticue and U 2 run the ETE model used by applicant, and it.would be 3 premature and unfair to require the Town to respond further 4 at this time. 5 We have not asked for a protective order and we 6 have not said that we will withhold the information. We 7 are willing to provide it, but we are simply asking for 8 additional time, as applicant asked for additional time to 9 designate witnesses and as the Staff asked for additional 10 time before they could frame a position with respect to the. 11 contentjons submitted by all parties. It's'the same 12 response from PEMA. 13 I mean a number of parties have. stated that they {} 14 are not in a position yet to provide definitive answers or 15 positions in the case, including applicant. We have simply 16 said the same, and frankly we-don't know why applicant 17 decided to seize on'two contentions from Hampton to make an 18 issue of this when every other party was basically saying 19 the same thing, that we will supplement answers when the 20 information is available. 21 MS. SELLECK: May I reply to that, Your Honor. 22 JUDGE HOYT: Yes. Just one moment, please. 23 (Board conferring.) 24 JUDGE HOYT: Yes, Ms. Selleck, go ahead with () 25 your response at this time. The Board had to confer here ACE FEDERAL REPORTERS, INC. 202 347-3700 Nationwide Coverage 800-336-6646
~.5740'01'01 2448 r^Tysimons 1 for a moment. . U 2 Go ahead, Ms. Selleck. I 3 MS. SELLECK: Thank you, Your Honor. 4 This is different than other answers where the 5 information hadn't been gleaned yet. These are-6 interrogatories which are looking for. answers'that the Town 7 of Hampton must have.- They must have a factual basis for 8 their contention, and that's all we're seeking. 9 We are not seeking to have them generate'any new 4 10 information or go to efforts and do more work than has been 11 done. We are simply looking for the factual basis of the 12 conclusion presented in their contention and the basis to 1 13 their contention. (} 14 MR. BROCK: Your Honor, we don't understand then j 15 what the applicant looks for. In our basis we think in 16 very detailed fashion have cited where we believe their 17 deficiencies are. We have said that-those issues raised in 18 terms of actually proving our case we intend to rely on an l 19 expert who is in the process of running the ETE model. 20 We think that the applicant is fully aware of 1 21 our position on the various issues and with respect'to the 22 facts as we have them available at this time. 23 We will supplement when we have had additional 24 time, and again we think this is simply a position which ). () 25 virtually every other party has taken:at this point in the J Y Ace-FEDERAL RePonTeas, INC. 202-347-3700 Nationwide Coverage 800-336.uA6
5740'01 01 2449 r"}ysimons 1 discovery proceedings. O 2 JUDGE HOYT: Mr. Brock, the problem I think that 3 the Board has with yout position on this matter is that 4 'your entire case here seems to hinge upon the testimony of 5 Dr. Adler. And you have told the applicants and the Board 6 and the parties to this case.that you don't have any of-Dr. 7 Adler's testimony ready and that Dr. Adler isn't even going 8 to look at whatever is available and have his testimony 9 ready until sometime in July. 10 Mr. Brock, the short, complete answer to that is 11 we are going to have Dr. Adler's testimony on May 21st. 12 Now we have not granted the applicants' motion or 13 considered granting the applicants' motion on your (} 14 Contention 3 because it involves the ETE. e 15 Having been given that opportunity, your decks 16 are clear to respond and supplement your responses as they 17 are available. But the Board is not going to sit by a'nd 18 les you tell us that our hearings are going to be 19 controlled by the availability of your expert witness.- 20 If one expert witness doesn' t work, then I'm 21 afraid, Mr. Brock, the short of it is that we're going to i 22 have to have something from you on that issue by-May 21st 23 or then the Board would consider permitting the applicants 1 24 to revise their motion to dismiss the contention. () 25 So let's understand that the testimony of Dr. 1 ACE-FEDERAL REponTens, INC. 202 447 3700 Nationwide Coverage 800-336-6646
5740 01 01 2450 [^qysimons 1 Adler, who I think is your key witness on TOH-3, I think V 2 you're going to have to start him on his efforts now'and 3 the applicants are going to have to have whatever you have 4 available and the complete testimony filed by May'21. 5 MR. BROCK: Yes, Your Honor, and just to be 6 complete, we will be submitting a,short affidavit from Dr. 7 Adler in response to the applicants' motions for summary 8 disposition and we will provide -- we have asked for 9 ndditional time, but we hear the Board saying that whatever 10 d Dr. Adler is going to testify to would be submitted.in ~ 11 accordance with the May 21 deadline and we will do our best , 12 to comply with that. 13 JUDGE HOYT: Thank you, Mr. Brock. {} 14 Is there anything else that we need to take up 15 with the parties in this conference call this afternoon? 16 MS. SELLECK: Your Honor, I believe there is 17 another part to the applicant's interrogatories to the Town 18 of Hampton, F-4 through F-7. 19 (Board conferring.) 20 JUDGE HOYT: That was arrlicant's 21 Interrogatories to the Town of Hampton -- would you give me 22 that again. 23 MS. SELLECK: It's Interrogatories F-4 through 24 F-7 and they concern --- () 25 JUDGE HOYT: Which party were those ace FEDERAL REPORTERS, INC.. 202-347-3700 Nationwide Coverage 800 336-6646 -w
) 5740'01 01 2451 r--*ysimons 1 interrogatories-directed to? --k_ 2 MS. SELLECK: To the Town of Hampton,1Your; 3 ' Honor. 4 JUDGE HOYT: Let me locate them. I have them 5 here. Just a moment. 6 (Pause.) 7 'What page of the' applicants' interrogatories is 8. that on, Ms. Curran? Do you have that in front of you? 9 MS. CURRAN: I'm looking'at-the document that is 10 the Town of Hampton's Answers to Applicants' Offsite ETE-11 Interrogatories. 12 JUDGE HOYT: Oh, I'm sorry. I was looking at (J~T 13 the interrogatories. Let me see if we can locate the 14. responses. 15 (Pause.) 16 MS. SELLECK: On the answers, it's page 6 and 17 on. 18 (Pause.) 19 -JUDGE HOYT: Give me the date on that, Ms. 20 Curran, the Town of Hampton's_ responses. 21 (Pause.) 22 Ms. Curran, would you give me the date on which 23 the Town of Hampton's responses -- which document were you 24 talking about as to the date? Just give me the date. () 25 MS. SELLECK: Your Honor, the answers for the ACE FEDERAL REPORTERS, INC. 202 347 3700 Nationwide Coveragi 800-336 6646 4
5740 01 01-2452 1: Tysimons 1 Town of Hampton are March 18. b 2 JUDGE HOYT: All right. 3-(Pause.) 4 All right, Ms. Curran, we now have the Town of 5 Hampton's answers to the. applicants, and this is inquiry F-6 1 and 27 7 MS. SELLECK: It's Interrogatories F-4, F-5, F-6 8 and F-7, Your Honor. 9 JUDGE HOYT: All.right. Thank you. Hold on. 10 (Pause.) 11 All right. We have located them and we have had 12 a very cuick look at what the issues involved in these 13 interrogatories are, Ms. Curran. (} 14 Now would you let me have, please, your cuestion 15 again in regard to these? 16 MS. SELLECK: Yes, Your Honor. i 17 MS. CURRAN: I'm confused. Are you talking to 18 me, Judge Hoyt? Am I involved in this dispute here? j 19 JUDGE HOYT: Is this Ms. Selleck? 20 MS. SELLECK: Yes, this is Ms. Selleck. t 21 JUDGE HOYT: Yes, ma'am, if..there is anything 22 concerning this case, you're involved. 23 MS. CURRAN: I understood that this was a 24 dispute over the Hampton contention. () 25 MS. SELLECK: Excuse me, Your Honor. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Nationwide Coverage 800 336-6646
" 5740 01 01 2453 r'7ysimons 1 MS. CURRAN: I'm not following'--- N_) 2 JUDGE HOYT: All right. Let me see if we can 3 bring you up to date, then. 4' Ms. Curran is talking about those answers that 5 you had given to the applicants' offsite ETE interrogatory 6 and request for the production of documents to the Town of 7-Hampton, that motion that was made by you on March 7, 8 1987. 9 MS. CURRAN: Oh, I see. 10 JUDGE HOYT: And the subject matter that Ms. 11 Curran is asking about is the responses that the Town of 12 Hampton in their pleading of March 18th, 198'7 in response 13 .to your offsite interrogatory and specifically those
- (}
14 involving responses starting at page 6 at Interrogatory S-4 15 through to Interrogatory.S-7 at page 8. 2 16 Is everybody up to speed on this now. I 17 MS. SELLECK: Your Honor, this is Kate Selleck, 18 and I'm speaking for the applicants and-looking fer a 19 ruling on our motion to compel answers to these 20 interrogatories. 21 I don' t believe that Ms. Curran is involved in 22 this particular matter. 23 MR. BROCK: Your Honor, this is Mat Brock, and i 24 I'm the one who filed the answers on behalf of the Town of () 25 Hampton to S-4 through S-7, and on that basis and for the ace FEDERAL REPORTERS, INC. 202-347-3700 Nationwide Coverage 800-3E6646 s
5740 01 01 2454 r^iysimons 1 reasons that we set forth in our March 18th pleading we () 2 sought a protective order from this Board that we not be 3 required to answer those interrogatories. 4 Principally each on of those interrogatories 5 requests information on Hampton personnel and resources 6 available to respond to a non-radiological emergency, and 7 for the reasons that we have detailed in our March 18th i 8 pleading, we think whatever Hampton s resources involving 9 non-radiological emergencies, we see that as irrelevant to 10 the issues in this case and we would also feel that whether 11 or not the Town would be willing to implement NHRERP is the 12 issue at hand and not whether the Town can respond to a (} 13 hurricane or a fire or some other unspecified emergency as i 14 requested by these interrogatories. 15 We think it's beyond the scope of the proceeding 16 and we ask for a protective order so that we not be 17 required to expend our time answering cuestions that we 18 don't think are at issue. 19 MS. SELLECK: May I respond to that, Your Honor? 20 JUDGE HOYT: Yes, please. 21 MS. SELLECK: In our motion to compel we have 22 stated that the Town of Hampton's capability to respond to 23 non-radiological emergencies are relevant to these l 24 proceedings. They are central to these, proceedings. () 25 The Town of Hampton has elected not to respond. Ace. FEDERAL REPORTERS, INC. 202 347-3700 Nationwide Coverage 80h3346646
-~ [ t L 5740._01.01 2455 .r**ysimons 1 Now if the realism doctrine is. applied, it becomes ouite k-l -2 relevant what their capabilities for response are. i 3 MR. REIS: J.udge Hoyt, this is Mr. Reis on 4 behalf of the staff. May I say something? 5 JUDGE HOYT: Please, go ahead. l I don't. agree with Ms. Selleck on the 6 MR. REIS 7 auestion of the realism doctrine. I think that it is not 8 applicable here. The commission used it in a very limited 9 sense in a very limited proceeding. 10 However, I think the cuestion ot.what resources 11 are available from the Town of Hampton might lead to 12 relevant information, and from that point of view in the 13 scope of discovery, though not-for the reasons set forth' by {} 14 Public Service of New Hampshire, they are entitled to 15 answers to the cuestions in that it might lead to relevant < 16 evidence. 17 JUDGE HOYT Thank you, Mr. Reis, for that 18 info rmation. I think you have put this in proper 19 perspective. We make no decision whatsoever, however, and 20 do not indicate to the parties in any manner in this 21 conference call today whether the Board subscribes to Mr. 22 Reis' stated position concerning the' realism doctrine, 23 however. 24 The second part of Mr. Reis' statement though we () 25 wholeheartedly agree with. I think there is information in l l ace FEDERAL REPonTeas, INC. 202 347 3700 Nationwide Coverage 800 336-6646
i i-5740 01 01 2456 l r^Tycimons 1 -those interrogatories which would be or probably;be or.even k_) 2 possibly could be those same resources that would'be used 3 in a radiological response for the Seabrook Station. I 4 In that context, Mr. Brock, you motion for a 5 protective order is denied and-we will, require you to I i 6 answer.those interrogatories within the context as l 7 described to you today, that is, that information in 8 discovery could lead ta) matters pertinent to the. proceeding 9 before this Board. j l 10 Mr. Brock, did you get'that? 11 MR. BROCK: Yes, Your Honor. I understand that l 12 the Town is required to answer interrogatories S-4 through (} 13 S-7. 14 JUDGE HOYT: Exactly. Thank you. 15 Now getting back to a problem Ms. Curran brought l 16 up earlier, and I don' t wish in any way to belabor the l 17 point. l 18 Ms. Curran, there are in this case a number of-l 19 counsel that are involved in very complex litigation.in 20 this case on various tracks that the case is taking. There 21 have been up to very recently.two Hearing Boards. handling l 22 Seabrook matters. l l l 23 Merely because one or another track on which i I 24 this case is proceeding requires a great deal of () 25 extraordinary effort, I don't think is a basis for granting 1 ace-FEDERAL REPORTERS,'INC. 202 347 3700 Nationwide Coverage 8043 4 6646-
I i 5740 01 01 2457 r^Tysimons 1 any relief on our hearing schedule. We have tried to U 2 adhere to that as closely as possible granting that there 3 are always some slips that cannot be avoided as we all in 4 the Washington area are well aware when.we lost.here=in 5 this office and I'm sure that Mr. Reis, Ms. Chan as well as 6 you, Mr. Curran lost about a week's time when~we had one of-7 the more unusual' types of snow events here in Washington. 8 So that we simply don't believe that we can give i l 9 such broad-brush relief if we are going to finish this l 10 case, and I say this almost in a non-joking manner, if we l 11 are going to finish it in this century. Certainly-I1would I 2 12 like to see us do it at least in this decade. i (} 13 The idea that there'are many tracks, I think the 14 parties should also be advised is that this Board with only 15 three Members has pursued three different tracks. Judge 16 Harbour has been with the onsite case as well as the 17 offsite. Judge Linenberger has come aboard and has done s 18 yeoman work for us with the other track that this Board is 19 on, that is the motion of the applicants on the 2.758-20 exemption request or application. j 21 As I say, I don't want to belabor that any 22 further, and I think I've probably said all I need to on 1 23 the matter. I l 24 MS. CURRAN: I understand your wish to move { () 25 ahead with this. The case seems to become more complicated l 1 I /\\CEJFEDERAL REPORTERS, INC. [ l 202 347-3700 Nationwide Coverage 800-336-6M6
5740 01 01 2458' cr^~ysimons 1 every week,'and it's.in our client's interest and in O 2 everyone's interest to make the best possible. record that 3 we can and that's really our aim here, and getting 4 sufficient, time to respond to each of these briefing-5 schedules. 6 JUDGE HOYT: Well, I think that's true of all 7 the parties, Ms. Curran, that'we do all want that, and 8 certainly the Board is reouired to, if it were not-our-9 desire to do it, we are required to make the best possible 10 record and we ask that that be understood without' going-11 into any detail, any further detail. 12 Do we have anything else-to discuss here this 13 afternoon? 14 (No response.) 15 very: well, Ms. Chan and' Mr..Reis on ' behalf of 16 the Staff, thank you. 17 Mr. Brock, thank you on behalf of the Town of 18 Hampton. 19 And also Ms. Curran for NECNP. 20 Let me before we conclude this inquiry of Mr. 21 Brock what your computer capability is there. Do you have 22 IBM compatible equipment? 23 MR. BROCK: Your Honor, we have a Fax machine i 24 that we previously received orders from your office. () 25 JUDGE HOYT: Let me have that number for your i ACE-FEDERAL REPORTERS, INC. 202-347 3700 Nationwide Coverage 800-336-6646 L
w -~. n f l5740 01 01 '2459- /.
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Fax machine, Mr. Brock. .k_)3ysimons1 2-MR.' BROCK:. Your Honor --- 3 JUDGE HOYT: Well, drop us a lettert on that. 4 MR. BROCK: Fine,1Your Honor,-I,will.- Okay. 5 JUDGE HOYT: Ms. Curian, does Harmon and Weiss 6 have computer eouipment? 7 MS. CURRAN: Yes, and we have;the capacity to 8 take documents over a modem. 9 ' JUDGE HOYT: Is it--IBM compatible? 10 MS. CURRAN: That's right. 11 JUDGE HOYT: All right. I believe we have 12 obtained from the Ropes and Gray pegple, or the computer 13 expert here in our office has consulted with your: people [} 14 there. So we don't~need'to get yours at all, Ms.LSelleck. 15 We know what your capabilities ~are there. 16 MS. SELLECK: Okay, Your Honor. You probably 17 know more than I do. 18 JUDGE HOYT: Not really. 19 Mr. Reis, do you have the same'PCs that we have 20 here? We have the IBM PC XT. r 21 (No response from Mr. Reis.) 22 Ms. Chan, if you would just ask Mr. Reis to call 23 and let Ms. Sweeney know what you all have over there in 24 the way of computer eouipment. It'sinot necessary to hold () 25 you on this call. Ace FeoeRAL REPORTERS, INC. 202 347 3700 - Nationwide Coverage 800-3366M6
( 1
- 5740 01 01 2460 c"'~ysimons 1 Thank you, each of you,.for your participation
.' 2 in the. conference and we will-try and get some-of this, if 3 we can, in an order. 4 Thank you again, and this' concludes the 5 conference call with the parties. 6 (Whereupon, at-2:25'p.m., the conference call ~ r 7 concluded.) 8 9 -10 11 12 f 13 14 1 15 16 4 17 18 19 20 21 22 23 24 O 25 ace FEDERAL REPORTERS, INC. { 202-347-3700 Nationwide Coverage 800-336-6646 .. - ~. . -~.
7 CERTIFICATE OF OFFICIAL REPORTER
- r-i O
This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of: 6 NAME OF PROCEEDING: PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE,- et,al. ) l'Sciabrook Station, Units 1 and 2) /, i e DOCKET NO.: 50-443-OL, 50-444-OL PLACE: WASHINGTON, D. C.' s O DATE: TUESDAY,-APRIL 14, 1987 t were held as herein appears, and'that this is the original transcript thereof for the file of the United States Nuclear' Regulatory Commission. ... ( (sigt .M (TYPED) _ [ .[ MARY C..SIMONS Official Reporter A'p"o~!ee?%ERfH&k '" - c ? .l V J P
- 5.}}