ML20206J628
| ML20206J628 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/15/1988 |
| From: | Talbot P MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#488-7529 OL, NUDOCS 8811290057 | |
| Download: ML20206J628 (8) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOA #53 MN 18 NO:g4 88 NW lo'-
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Before the Administrative Judgeg FICE Lr :'.-'t
- f OIIICE OF S T
Ivan W.
Smith, Chairman 00CKEw,.WVMI00CKEigh[Q BR AE" Gustave A.
Linenberger, Jr.
Dr. Jerry Harbour
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In the Matter of
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Docket Nos. 50-443-OL
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50-444-OL PUBLIC SERVICE COMPANY
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(Off-Site EP)
OF NEW HAMPSHIRE, EI AL,
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/
(Seabrook Station, Units 1 and 2)
)
November 15, 1988
)
f MASSACilUSETTS ATTORNEY GENERAL'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS The Commonwealth of Massachusetts Attorney General James M.
Shannon ("Mass AG") hereby moves the Board, pursuant to 10 CFR S 2.740(f), to issue an order compelling the Applicants to produce certain documents, the production of which was objected to in "Applicants' Response to
'[ Mass AG's] First Request for the Production of Documents to the Applicants Regarding the
[SPMC]'" ("Applicants' Response").
The objections thereto and the grounds in support of this motion are as follows:
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INIRODUCTION The Mass AG is in the process of reviewing documents that have been produced at Seabrook Station in response to the Mass AG's First Request.
This review has taken two (2) full days and is not yet completed.
Because of the tremordous volume of koflD90057gajjj3 ADOCK 05000443 O
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documents, it can not yet be determined whether, in fact, those documents which the Applicants have agreed to produce, as set forth in the Applicants' Response, have been made available.
As such, the Mass AG reserves the right to move to compel additional production of documents upon completion of the aforementioned review.
GROUNDS IN SUPPORT OF THE MOTION Obiections to Definitions and Instructions Applicants object to producing documents in che hands of "agents" of NHY.
Mass AG moves to compel the production of those documents responsive to his requests that are in the posse:
.on of NHY's agents for the same reasons as set forth in Mass.G's Motion to Compel Answers by Applicants to Mass AG's Second Set of Interrogatories, dated November 14, 1988, at p.
2.
Mass AG Request Nq _i asks for recruitment and application forms completed and submitted to NHY, Applicants object to the disclosure of "pctsonal information" pertaining to ORO applicants or members as having "marginal" or "no relevance" to the issues at hand.
Yet, the Applicants have made no reference to the content or nature of such "personal information."
Presumably, the Applicants are seeking to withhold the addre:Les of ORO applicants or members.
However, that in.v-vatiori should not be withheld.
Een Pottic v.
Schqol CQs111 tite o f B r a i n t r ee, 4 82 N,E. 2 d 813, 395 Mass. 861 (1985) (no privacy interest applies to the home addresses of individuals where thet information is a mattar of public record.)
The scope of discovery is broad and where the information sought
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i appears calculated to lead to the discovery of admissible evidence,'that information should be disclosed.
10 CFR S 2.740(b)(1).
Mass AG Request No. 8 asks for listings, rosters, and directories of persons comprising NHY's ORO on certain dates.
Applicants' objecticn, to the extent that it seeks to omit information pertaining to the home addresses of those individuals, should be rejected for the same reasons 6s set forth in the discussion following Mass AG Request No.
5.
Mass AG Rgguest No. 16(hl asks for correspondence and records of communication, made after January 1, 1987, and which refers to, pertains to or contains information re19vant to emergency response planning for a radiological emergency at Seabrook, or the refusal to engage in such planning, or the assessment of response capability. between NHY and/or ORO and agencies, departments, or branches of the State of New Hampshire, and any of their current or former officials, administrators or employees.
Applicants object to this request Lacause they "do not t
believe that subpart (h) pertain (s) to issues in the admitted contentions."
Insofar as there are documents in category (h) that concern the coordination of effort between NHY and/or ORO and a state government (in this instance, New Hampshire), such documents are indeed pertinent to ti.e admitted contentions.
Moreover, Applicants' "belief" cannot be a means of prerfluding the discovery of information which, as in this case, is reasonably calculated to lead to the discovery of admissible evidence.
10 CFR S 2.740(b)(1)..
s.
f Mass AG Recuests 16(1) and 16(i) ask for information pertaining to transit dependent individuals and individuals having sensory impairments, movement impairments, or mental / emotional impairments, as well as those organizations ausisting persons with such impairments.
The Applicants object to disclosing the identities of individuals who have confided their special needs to the Applicants for purposes of emergency
- planning, The Mass AG agrees that these privacy interests are real and substantial.
However, without this information the Mars AG cannot know or evaluate what, if any, special needs have been adequately addressed and what individuals requiring special needs are being accounted for.
As such, the Mass AG requests that the Board expand the terms of the existing protective order so that the Mass AG may fully review and assess this matter.
Respetfully submitted, JAMES M. SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS
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pamela Talbot Assistant Attorney. General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2200 l
l DATED:
November 15, 1988 I
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COLKEiED usWC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket No.(s)
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50-443/444-OL-1 (Seabrook Station, Units 1 and 2)
)
)
)
CERTIFICATE OF SERVICE I,
Pamala Talbot, hereby certify that on November 15, 1988 I made service of the within ANSWERS OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE APPLICANTS' REQUEST FOR ADMISSIONS TO MASSACHUSETTS ATTORNEY GENERAL; JOINT INTERVENORS ANSWERS TO APPLICANTS' REQUEST FOR ADMISSIONS TO l
INTERVENORS;, MASSACHUSETTS ATTORNEY GENERAL'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS; and MASSACHUSETTS ATTORNEY GENERAL'S RESPONSE TO APPLICANTS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS, by first-class mail, or by Federal Express, as indicated by [*] to the following parties:
Sherwin E. Turk, Esq.
aIvan W.
Smith, Chairman U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Office of General Counsel Atomic Safety & Licensing Daard 15th Floor East West Towers Building 11555 Rockville Pike 4350 East West Highway Rockville, MD 20852 Bethesda, MD 20814
- Gustavo A.
Linenberger Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814
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- Dr. Jerry Harbour
- Robert R.
Pierce, Esq.
Atomic Safety & Licensing Bd.
Atomic Safety & Licensing Bd.
,U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Dethesda, MD. 20814 H. Joseph Flynn, Esq.
Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord, NH 03301
- Docketing and Service Paul A. Fritzsche, Esq.
U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC.
20555 Augusta, ME 04333 Roberta C.
Pevear Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03106 Atomig Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S..' Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Matthew T.
Brock. Esq.
J.
P.
Nadeau Shaines & McEachern Board of Selectmen 25 Maplewood Avenue 10 Central Road P.O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Doard of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
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Ser;stor Gordon J. Humphrey Angelo Machiros,. Chairman U.S. Senate Board of Selectmen Washington, DC
- 0510 25 High Road
.(Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J. Humphrey Edward G. Molin 1 Eagle Squaro, Suite 507 Mayor.
Concord, NH 03301 City Hall' E
(Attn: Herb Boynton)
Newburyport, MA 01950 Donald E. Chick William Lord
~ Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W.
Holmes, Esq.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq.
. Diane Curran, Esq.
Assistant Attorney General Harmon, Curran & Towsley Department of the Attorney Suite 430 General 2001 S Street, N.W.
State House Station #6 Wsshington, DC 20009 Augusta, ME 04333
- Thomas G. Dignan, Esq.
Richard A.
Hampe, Esq.
Ropes & Gray Hampe & McNicholas 225 Franklin Street 35 Pleasant Street Boston, MA 02110 Concord, NH 03301 Beverly Hollingworth Ash 0d N. Amirian, Esq.
209,Winnacunnet Road 376 Main Street Hampton, NH 03842 Haverhill, MA 01830 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Gelectmen To.vn Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director 1110 Wimbledon Drive Town of Brentwood McLean, VA 22101 20 Franklin Street Exeter, NJ 03833
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Charles P. Graham, Esq.
Barbara St. Andre, Esq.
Murphy.& Graham Kopelman & Paige, P.C.
33 Low Street 77 Franklin Street Newburyport, MA 01950 Boston, MA 02110 Judith H. Mizner, Esq.
R. Scott Ilill-Whilton, Esq.
Lagoulis, Clark, Hill-Whilton Lagoulf.s, Clark, Hill-Whilton
& McGuire
& McGuire 79 State Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950
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\\b%([\\W-Pamela Talbot Assistant Attorney General Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED:
November 15, 1988 l
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