ML20214G401
| ML20214G401 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/19/1987 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20214G402 | List: |
| References | |
| CON-#287-3502 82-471-02-OL, OL, NUDOCS 8705270057 | |
| Download: ML20214G401 (5) | |
Text
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UNITED STATES OF AMERICA COLKETEC.
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NUCLEAR REGULATORY COMMISSION USNHC ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Helen-F. Hoyt, Chairperson gygggg gr g,g,y Gustave A. Linenberger, Jr.
00CKETm3 2, Mm1 BU HCH Dr. Jerry Harbour In the Matter of
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Docket No. 50-433-OL
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PUBLIC. SERVICE COMPANY
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(ASLBP No. 82-471- 0 2-OL)
OF NEW HAMPSHIRE, & &
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(Offsite Emergency Planning)
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(Seabrook Station, Unit 1)
)
May 19,1987 REAPPLICATION FOR A SUBPOENA ON BEHALF OF THE SEACOAST ANTI-POLLUTION LEAGUE I
On May 14,1987, the Seacoast Anti-Pollution League filed an application for a subpoena for the appearance of Mr. David Laughton, Secretary-Treasurer of Teamsters Local No. 633, at a deposition.
By telegram dated May 15, 1987, received May 18, 1987, the Board denied SAPL's application, stating that the application did not present a completed NRC subpoena.
- Further, the Board stated that SAPL did not make a showing of the general relevance of the testimony sought to any issue admitted by the Board or the nature of the evidence sought by counsel, lef t no time for opposing counsel to invoke quashing procedures, did not designate a person to serve the witness with the subpoena, and made no showing that the witness has been tendered one day's attendance fee and mileage payment.
8705270057 870519 PDR ADOCK 05000443 PDR g
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~2-SAPL hereby reapplies pursuant to 10 CFR S2.720, for a subpoena for the appearance of Mr. David Laughton for a deposition to be held at the offices of Backus, Meyer & Solomon, 116 Lowell Street, Manchester, N. H., on June 2,1987, at 10:00 a.m.
Mr.
Laughton's work address is the Teamsters Union Hall at 265 Maple Street, Manchester, N. H.
SAPL did earlier state the general relevance of the testimony sought.
It is on the basis of a " Letter of Agreement" contained in the NHRERP signed by Mr. Laughton that the Applicants claim that 1500 members of Teamsters Local No. 633 are available to drive buses to transport evacuees from the Seabrook Station EPZ.
SAPL has contentions admitted which bear on the availability of personnel to transport evacuees from the EPZ in a timely fashion, including SAPL Contentions No. 8 and 8A, 31 and 37 and a contention dealing with the adequacy of letters of agreement, Redraf ted SAPL Contention No.15. Further, FEMA has expressed its interest in the issue of the availability of teamster drivers.
" Affidavit of Edward A. Thomas In opposition to certain Motions for Summary Disposition" appended to "NRC Staf f 's Answer to Motions for Summary Disposition of Off-Site Emergency Planning Contentions" dated April 15, 1987 states:
"The Applicants' Motion is supported by reference to a letter of agreement with the Teamsters Union.
However, FEMA has not yet received assurances that the employers of the drivers nominally made available by that letter of agreement will be willing to allow them to leave their jobs to respond to an emergency."
. SAPL wishes to question Mr. Laughton-as to the basis of the letter of agreement that is alleged to support the Applicants' claim that Teamsters local members will be available to drive buses.
10 CFR 52.720(a) states that:
I "The officer to whom application (for a subpoena] is made may require a showing of general relevance of the testimony or evidence sought, and may withhold the subpoena if such a showing -1:s not made, but he shall not attempt to determine the admissibility of evidence."
SAPL has made the requisite showing of general relevance.
The date on which' SAPL is seeking to depose Mr.
Laughton leaves Applicants ample time to take whatever measures they believe will serve their interests.
Counsel for the Applicants, Mr. Dignan, has already indicated to counsel that he has no objections to. the taking of this deposition.
Service of the subpoena will be by the Hillsborough County Sherif f's Department. SAPL will pay the fees and mileage paid to witnesses in the district courts of the United States pursuant to 10 CFR S2.720(d).
- Respectfully submitted,
SEACOAST ANTI-POLLUTION LEAGUE By its Attorney j
BACKUS, MEYER & SOLOMON 1.
l Dated : May 19,1987
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- Rotijp't' A. B ackus "
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l 1LVLowell Street Manchester, NH 03105 j
603-668-7272 l
CERTIFICATE OF SERVICE J
I hereby certify that a copy of the foregoing " Reapplication for a Subpoena on Behalf of the Seacoast Anti-Pollution League" was sent this date, first class mail, postage prepaid to all parties on the I
attached service list and federal express [ed-Tb thjse denoted by an i
asterisk.
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i e " // ~yh f cQ,-
l R'oberd A. Backds
e SUBPOENA It UNITED STATES NUCLEAR REGULATORY COMMISSION (ATOMIC SAFETY'AND LICENSING BOARD)
IN RE:
The Matter of
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Docket No. 50-443-OL
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PUBLIC SERVICE COMPANY
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(Offsite. Emergency Planning OF NEW HAMPSHIRE, et.al.
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Issues) p
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(Seabrook Station, Unit 1)
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'YOU ARE HEREBY COMMANDED to appear.at the offices of Backus, Meyer & Solomon, 116 Lowell Street, Manchester, New Hampshire, at 10 a.m. on the 2nd of June,1987, to testify in the above -
captioned matter.
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<4 You are directed to bring with you any records in your possession pertaining to a certain letter of agreement, copy j
attached hereto, or any other documents pertaining to the availability of members of Teamsters Local No. 633 to perform as.
drivers or perform other duties in connection with a radiological i
emergency at the Seabrook Station.
RETURN ON SERVICE Received this subpoena at on and on at i served it on the within named by delivering a copy to h and tendering to h the fee for one day's ' attendance and the mileage allowed by law.
Dated
,1987.
By t
i Service fees Travel Services i
Total I certify under penalty of perjury under the laws of th'e United j
s States of America that the foregoing is true and correct.
Executed on
,1987
t STATE @F NEW HAMPSHIRE r
EXECUTIVE DEPARTMENT New Hampshire Cal Defense Agency State Office Park South
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107 Pleosant Street Concord. New Hampshire 03301 JOHN H. SUNUNU 23 Gosemor 2
RICHARD H. STROME Daector JAMES A. SAGGIOTES Deputy Dractor LETTER OF AGREEhENT Teamsters Local No. 633 of New Hampshire, having the capabilities required to provide emergency workers and drivers in the event of major emergencies, and the New Hampshire Civil Defense Agency have agreed that Teamsters Local No. 633 in time of natural or technological emergencies such as fire, flooding, chemical spills and industrial accidents at the Vermont Yankee 'or Seabrook Nuclear Power Stations, or other emergencies, will provide emergency workers and drivers as detailed under the terms of this Agreement or as requested Dy'the State of New Hampshire, particularly the New Hampshire Civil Defense Agency.
Local 633 will provide approximately 1,500, personnel with at least a Light Commercial License to drive major transportation vehicles as needed during major emergencies.
Local 633 will provide general personnel support from its membership to assist State a.nd local emergency response efforts.
The New Hampshire Civil Defense Agency will provide training to the Local 633 membership regarding potential emergencies in New Hampshire.
State of New Hampshire Teamsters Local No. 633
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= - tw Jo n H. Sununu, Governor Davfd Laughton y
Secretary Treasurer
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Executed This Day June 2, 1986 Executed This Day June 2, 1986 34530/sJC Emergency Management for New Hampshire
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