ML20212K738

Reaffirms 861212 & 870225 Positions That Period Allowed for Discovery in 861204 Memorandum & Order Too Truncated to Allow Intervenors Adequate & Fair Opportunity to Conduct Dicovery on Many Complex Issues in Proceeding

ML20212K738
Person / Time
Site:	Seabrook
Issue date:	03/05/1987
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Harbour J, Hoyt H, Linenberger G Atomic Safety and Licensing Board Panel
References
CON-#187-2719 OL, NUDOCS 8703090403
Download: ML20212K738 (2)

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4 . 3 ,19; BAC KU S, M EYER & S O LOM O N DOCKETED ATTORNEYS AT LAW y$QQC

• ROBERT A. B ACMUS AREA CODE 603

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y y 4 p3 y sTEv'EN A. SOLOMON ' MANCH ESTER. N. H. osiof *ALSO AoMirrEo MARTIN R. JEN MlNS TO MASSACHUSETTS BAR

~ MICH AEL E. lPAVEC 4FFICE tr 5ECEIARY 0.J. BRANCH MCKt.TlHG 4 SERVICf.

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March 5,1987 Judge Helen Hoyt, Chairperson ^

Atomic - Safety and Licensing Board U.S. Nuclear Regulatory Commission East. West Towers Building 4350 East West Highway Bethesda,MD 20814 Dr. Gustave A. Linenberger, Jr.

' Atomic Safety and Licensing Board U. S. Nuclear. Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD' 20814 RE: Public Service Company of New Hampshire, et al DocketNo.50-443-OLgt/y-04

Dear Administrative Judges:

This is to reaffirm the Seacoast Anti-Pollution League's position, as set forth in " Seacoast Anti-Pollution League's Motion for Reconsideration of December 4,1986, Memorandum and Order Establishing Hearing Schedule on Offsite Issues Raised by NHRERP" filed December 12, 1986, and in "Intervenor's Joint Motion to Extend Hearing Schedule" filed February 25, 1987, that the period allowed for discovery was too severely truncated to allow intervenors an adequate and fair opportunity to conduct discovery on the many complex issues in this proceeding.-

The Board 's Memorandum and Order of January 9,1987, which modified its December 4 Memorandum and Order, moved the commencement of discovery back from January 16 to February 13, but expanded the time allowed by only three days. As events -

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1 have actually transpired, even the discovery period to have been allowed under the Board 's modified schedule was not available to intervenors because the Board did not issue its ruling on the admissibility of contentions until February 18, 1987 and SAPL did 'not receive the Board 's order in the mail until the-following Monday. This resulted in a virtual halving of the available discovery time. SAPL could not, in the time allowed, conduct a comprehensive and detailed enough discovery on the issues SAPL seeks to pursue in this proceeding. Had more time been allowed, SAPL would have propounded additional interrogatories relative to all of its contentions.

Additionally, SAPL hereby joins in Attorney General James M. Shannon 's March 2,1987 motion -for reconsideration of the hearing schedule.

Very.truly yours, A

Rob 4(rt A. Backus RAB/mn cc: Service list i

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