ML20209E945
| ML20209E945 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/27/1987 |
| From: | Sneider C MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3254 OL, NUDOCS 8704300161 | |
| Download: ML20209E945 (7) | |
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DOCXETEf)
USNRC UNITED STATES OF AMERICA 17 APR 28 Pl2:38 NUCLEAR REGULATORY COMMISSION OFFICE 5: u _, a, y. y hhChvfri Before Administrative Judges:
EP Helen F. Hoyt, Chairperson Gustave A. Linenberger, Jr.
Jerry Harbour 9
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In the~ Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket Nos.
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50-443/444-OL i
(Seabrook Station, Units 1 and 2)
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(Off-Site EP)
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April 27, 1987
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i, ATTORNEY GENERAL JAMES M.
SHANNON'S ANSWER TO APPLICANTS' MOTION FOR RECONSIDERATION OF THE BOARD'S MEMORANDUM AND ORDER OF APRIL 7, 1987 On April 7, 1987, the Licensing Board issued an order ruling, inter alia, on applicants' Motion for a Protective Order, dated March 18, 1987 and Attorney General Shannon's Motion to Compel Applicants' Response to Interrogatories, dated March 30, 1987.
The Board granted the Attorney General's motion to compel on a number of interrogatories to which the Attorney General claimed applicants had not properly responded and ordered applicants to promptly answer such interrogatories.
Applicants, to date, have not answered such interrogatories and on April 15, 1987, filed a Motion for 8704300161 B70427 PDR ADOCK 05000443 G
PDR g3
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Reconsideration of the Board's Memorandum and Order of April 7, 1987 with respect to interrogatories 28, 114-117, and 131-132.
Attorney General Shannon hereby files his Answer to applicarats' motion.
Attorney General Shannon opposes applicants' motion and states that applicants set forth in their original objections to the Attorney General's interrogatories essentially all of the arguments against answering that they subsequently raised j
l in their Answer to the Attorney General's motion to compel.
Thus, although the Board ruled on Attorney General Shannon's motion to compel prior to its receipt of applicants' answer thereto, it ruled on that motion after having been apprised of applicants' arguments.
Applicants have not asserted in support of their motion for reconsideration any new grounds.
As to applicants' arguments, Attorney General Shannon relies on his previous responses to these arguments as set forth in his Motion to Compel Applicants' Response and asserts that for the same reasons set forth therein reconsideration should be denied.
Moreover, the Attorney General notes that although the date by which pre-filed testimony must be filed in i
this proceeding is only a little more than three weeks away, applicants have still not filed responses to all of the
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Attorney General's interrogatories.1/
The applicants' motion should be denied.
Respectfully submitted, JAMES M.
SHANNON Attorney General W
By:
Carol S.
Sneider Donald S.
Bronstein Allan R.
Fierce Assistant Attorneys General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated:
April 27, 1987 1/
Despite the Board's admonition in its April 7th Order that applicants must respond "promptly" to those of the Attorney General's interrogatories as to which his motion to compel was granted, the Attorney General only today, on April 27, 1987, received applicants' response to those interrogatories not the subject of applicants' motion for reconsideration.
Insofar as the Attorney General will now be required to travel to New Hampshire to obtain these new documents, and time will then be incurred in copying, reviewing, and distributing these documents to experts, it is questionable whether this material, produced at such late date, can be productively utilized by the Attorney General in preparing his direct case.
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a 00LKETED UNITED. STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION 17 art 28 R2:38
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0FFICE Dr "Je ik" In the Matter of-
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00CKEilE 4 M *V!Il
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BRANCH PUBLIC SERVICE COMPANY OF NEW
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Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL.
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(Seabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on April 27, 1987 I made service of the within document, by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, to:
- Helen F. Hoyt, Chairperson
- Gustave A. Linenberger, Jr.
Atomic Safety & Licensing Board Atomic Safety & Licensing Board 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 Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814
- Dr. Jerry Harbour
- Sherwin E. Turk, Esq.
Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, 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
N.
J
- Docketing and Service Paul A. Fritzpche, Esq.
U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC.
20555 Augusta, ME 04333 Roberta C.
Pevear Ms. Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road i
Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street 1
Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq.
J.
P.
Nadeau Matthew T.
Brock, Esq.
Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A.
Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E.
Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J. Humphrey Mr. Peter J. Matthews 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)
Newburyport, MA 01950 Mr. Donald E. Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 -
4A 4
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 & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augusta, ME 04333
- Thomas G. Dignan, Esq.
Richard A. Hampe, Esq.
R.K. Gad III, Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth
- Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W.
McCormack (POCH)
Boston, MA 02109 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 Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 l
Dr. Emmeth A. Luebke Charles P. Graham, Esq.
Atomic Safety & Licensing Board McKay, Murphy & Graham U.S.
Nuclear Regulatory Old Post Office Square Commission 100 Main Street East West Towers Building Amesbury, MA 01913 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 Judith H.
Mizner, Esq.
Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 !
Y-(
Rep. Edward J. Markey, Chairman U.S.. House of Representatives Subcommittee on Energy-Conservation and Power Room H2-316 House Office Building Annex.No. 2 Washington, DC 20515 Attn:
Linda Correia b.
Carol S. Sneider Assistant Attorney General Environmental Protection Division Dated:
April 27, 1987 i
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