ML20206M404
| ML20206M404 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/10/1987 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20206M370 | List: |
| References | |
| OL, NUDOCS 8704200104 | |
| Download: ML20206M404 (6) | |
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4/10/87 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSIIIRE, et al.
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Off-site Emergency Planning
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(Seabrook Station, Units 1 and 2)
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.i NRC STAFF'S RESPONSE TO " APPLICANTS' MOTION TO STRIKE TOWN OF HAMPTON REVISED CONTENTION III AND MOTION TO COMPEL ANSWERS TO INTERROGATORIES PROPOUNDED TO TOWN OF HAMPTON" On March 30, 1987, the Applicants filed a " Motion To Strike Town of Hampton Revised Contention III and Motion to Compel Answers to Inter-l rogatories Propounded to Town of IIampton[,] and Response to Motion For a Protective Order" (" Applicants' Motion").
Therein, the Applicants seek a dismissal of Hampton's Revised Contention III, on the grounds that they believe the Town's answers to Applicants' Interrogatories S-2 and S-3 were inadequate.
Alternatively, the Applicants seek to compel the Town to provide,further answers to those interrogatories; and they also seek an order cbmpelling the Town to provide further answers to Applicants' Interrogatories S-4, S-5, S-6, and S-7.
The Staff has generally refrained from responding on the merits to motions involving discovery disputes between the other parties to this l
proceeding.
Here, however, the Applicants are requesting the outright dismissal of the Town of flampton's Revised Contention III, a request which, if granted, could later have unwarranted consequences for this i
8704200104 870410 PDR ADOCK 05000443 j
0 PDR proceeding.
Accordingly, the Staff opposes Applicants' Motion, for the following reasons.
First, with respect to Applicants' motion to compel further answers to Applicants Interrogatories S-2 and S-3, no further answers by the Town of Hampton appur to be warranted at this time.
As noted by the Applicants (Motion at 2-3), the Town has answered Applicants' Inter-rogatories S-2 and S-3 bvstating, in essence, that the requested information is unavailable at this time, and thht the Town " presently lacks sufficient information to fully respond" to the interrogatories, pending the completion of its expert's review of discovery materials.
These answers appear to be acceptably responsive to Applicants' Interrogatories S-2 and S-3, and the motion. to compel further answers to those interrogatories should be denied.
Second, with respect to Applicants' motion to strike the Town of Hampton's Revised Contention III, that motion should be denied as unwarranted and, in any event, as premature.
As ncted above, the Town of Hampton's answers to Interrogatories S-2 and S-3 are acceptably responsive, and no sanctions with should be imposed with respect to these responses.
In any event, moreover, the imposition of sanctions l
would be inappropriate prior to any ruling by the Board under 10 C.F.R.
l 5 2.740(f) requiring the Town to provide further answers to the inter-rogatories, end prior to any disregard of such an order by the Town.
Fintilly, with respect to Applicants' motion to compel further answers to Interrogatories S-4, S-5, S-6,and S-7, the Staff opposes that motion on the grounds that the requested information is irrelevant and is not reasonably calculated to lead to the disecvery of admissible evidence.
In
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its answer to Interrogatory S-4 (also relied upon in response to Interrogatories S-5, S-6 and 4-7), the Town of Hampton stated that "the Town has voted not to participate in responding to an emergency at Seabrook Station; and therefor [ sic) the Town's emergency response capabilities have no bearing on this proceeding."
In essence, the position adopted by the Town requires the State of New Ilampshire to provide an emergency response for the Town's residents and visitors, which the State has committed to do by implementing its compensatory plan for the Town.
Accordingly, the Town's capabilities to respond to a non-radiological emergency is, as the Town asserts, " irrelevant" and "not reasonably calculated to lead to the discovery of admissible evidence". O For this reason, Applicants' motion to compel further answers to Interrogatories S-4, S-5, S-6, and S-7 nhould be denied.
Respectfully submitted,
.D) e Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 10th day of April,1987
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The Staff's position with respect to Interrogratories S-4, S-5, S-6, and S-7 might be different if the State's compensatory plans called for the State to " deputize" some or all of the Town's emergency workers and contractors, whose identitles are requested by these Interrogatories.
However, no such claim has been advanced by the I
Applicants (see Applicants' Motion, at 5-7),
and the requested information, therefore, is not relevant to the issues before the Board.
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J.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00tKETEC-uwRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD p WR 16 P4 :20 In the Matter of
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Docket Nos,.c 50-443 OL <
r Oft Off-site $Cg5h444LOffl PUBLIC SERVICE COMPANY OF
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mergeWyi Planning Nird ilAMPSHIRE, et_ al.
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(Seabr ok Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I
hereby certify that copies of (1) "NRC STA FF'S
RESPONSE
TO
' APPLICANTS' MOTION TO FILE A REPLY TO MASSACHUSETTS RESPONSE TO APPLICANTS' PETITION UNDER 10 CFR
- 2. 75 8,'"
and (2) "NRC STAFF'S RESPONSE TO ' APPLICANTS' MOTION TO STRIKE TOWN OF HAMPTON REVISED CONTENTION III AND MOTION TO COMPEL ANSWERS TO INTERROGATORIES PROPOUNDED TO TOWN OF HAMPTON'" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system this 10th day of April,1987.
Helen Hoyt, Esq., Chairman
- Gustave A. Linenberger, Jr.*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board d
U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Jerry Harbour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, DC 20555 Boston, MA 02108 Beverly I!ollingworth Richard A. Hampe, Esq.
209 Winnacunnet Road New Hampshire Civil Defense Agency Hampton, NH 03842 107 Pleasant Street Concord, NH 03301 Sandra Gavutis, Chairman Calvin A. Canney, City Manager Board of Selectmen City Hall RFD I Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
.o 2 Stephen E. Merrill Paul McEachern, Esq.
Attorney General Matthew T. Brock, Esq.**
George Dana Bisbee Shaines a McEachern Assistant Attorney General 25 Maplewood Avenue Office of the Attorney General P.O. Box 360 25 Capitol Street Portsmouth, NH 03801 Concord, NH 03301 Roberta C. Pevear Angie Machiros, Chairman State Representative Board of Selectmen Town of Hampton Falls 25 High Road Drinkwater Road Newbury, MA 09150 Hampton Falls, NH 03844 Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer Town of Brentwood Public Service Co. of New Hampshire 20 Franklin Street P.O. Box 330 Exeter, NH 03833 Manchester, NH 03105 Charles P. Graham, Esq.
Robert A. Backus, Esq.
McKay, Murphy and Graham Backus, Meyer & Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Ilarmon a Weiss Assistant Attorney General 2001 S Street, NW Office of the Attorney General Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A. Thomas Thomas G. Dignan Jr., Esq.
Federal Emergency Management Agency Ropes & Gray 442 J.W. McCormack (POCH) 225 Franklin Street Boston, MA 02109 Boston, MA 02110 H.J. Flynn, Esq.
William Armstrong Assistant General Counsel Civil Defense Director Federal Emergency Management Agency Town of Exeter 500 C Street, SW 10 Front Street Washington, DC 20472 Exeter, NH 03833 Atomic Ssfety and Licensing Atomic Safety and Licensing Appeal Panel
- Board
- l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 I
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Jane Doughty Docketing and Service Section*
Seacoast Anti-Pollution League Office of the Secretary 5 Market Street U.S. Nuclear Regulatory. Commission Portsmouth, NH 03801 Washington, DC 20555 Maynard L. Young, Chairman William S. Lord Board of Selectmen Board of Selectmen 10 Central Road Town Hall - Friend Street South Hampton, NH 03287 Amesbury, MA 01913 M'chael Santosuosso, Chairman Peter J. Matthews, Mayor Board of Selectmen City Hall South Hampton, NH 03287 Newburyport, MN 09150 Mr. Robert Carrigg, Chairman Judith H. Mirner, Esq.
Silverglate, Gertner, Baker Board of Selectmen Town Office Fine and Good Atlantic Avenue 88 Broad Street North Hampton, NH 03862 Doston, MA 02110 R. K. Gad III, Esq.
Mrs. Anne E.
Goodman, Chairman Ropes & Gray Board of Selectmen 225 Franklin Street 13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Honorable Gordon J.
Humphrey Holmes & Ellis United States Senate 47 Winnacunnet Road 531 Hart Senate Office Building Hampton, NH 03842 V'ashington, DC 20510
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Sherwin E. Turk Counsel for NRC Staff f
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