ML20214G707

Atty General Jm Shannon Application for Subpoena Directed to Eb Lieberman.* Time & Place for Deposition Not Specified. Related Correspondence

ML20214G707
Person / Time
Site:	Seabrook
Issue date:	05/19/1987
From:	Fierce A MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20214G630	List: ML20214G628 ML20214G641 ML20214G673 ML20214G707 ML20214G732 ML20214G741 ML20214G768 ML20214G792
References
OL, NUDOCS 8705270147
Download: ML20214G707 (4)

Text

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' WElATED CORREsq 00CKETED UNITED STATES OF AMERICA _USNRC NUCLEAR REGULATORY COMMISSION 17 MAY 20 P5 30 Before Administrative Judges:

Helen F. Hoyt, Chairperson 0FFIE 03 . .t. i M Gustave A. Linenberger, Jr. 00CKETih3 '.19VTI.

Dr. Jerry Harbour 3 R E- NN

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In the Matter of )

)

PUBLIC SERVICE COMPANY.0F NEW ) Docket Nos.

HAMPSHIRE, ET AL. _

) 50-443/444-OL.

(Seabrook Station, Units 1 and 2) ) (Off-Site EP)

) May 19, 1987

)

ATTORNEY GENERAL JAMES M. SHANNON'S APPLICATION FOR A SUBPOENA DIRECTED TO EDWARD B. LIEBERMAN Pursuant.to 10 C.F.R. S 2.720, Attorney General James M. Shannon hereby applies for the issuance of-a subpoena directed to Edward B. Lieberman and requiring him to attend and be-deposed upon oral examination by the Attorney General.- The

' pertinent information needed to issue this subpoena is set forth below.

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L A. Deponent: Edward B. Lieberman l' Vice President KLD Associates, Inc.

300 Broadway Huntington Station New York, NY 11746 l

Edward B. Lieberman is the principal at KLD Associates, j Inc., who supervised the evacuation time estimates (ETE) study l-8705270147 870519 l PDR ADOCK05000g3 "~'

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which is described and_ reported in Volume 6 of the NHRERP-Rev.

2. Because the adequacy and reliability of this ETE study is so critical to the ultimate determination which this Board must make about the safety of the population in the EPZ, the Attorney General wishes to understand exactly how it was conducted and what assumptions it Utilizes. Interrogatories' alone_have proven to be inadequate to explore fully all the important issues regarding the adequacy and reliability of the ETE study. A deposition of Mr. Lieberman will allow the Attorney General to obtain a great deal more information about KLD's methodology and assumptions than can be obtained in any other way.

B. Deposition Time and Place Although requested to do so, Applicants have refused to voluntarily produce Mr. Lieberman_for a deposition at a time and place convenient to both Mr. Lieberman and Applicants' attorneys. In this application for a subpoena, and on the attached Notice of Taking Deposition, we have not specified a time and place for this deposition. We_would prefer, and so request, that it take place in our offices in Boston, and believe this to be a reasonable location for the following reasons: (1) its proximity to Seabrook Station; (2) Mr. Lieberman, on information and belief, regularly travels to t'he Boston area to conduct business and consult with Applicants and their attorneys; (3) Applicants' attorneys are L

in. Boston; and (4) attorneys for Town of Hampton and SAPL are likely to attend, and their offices are both north of Boston.:

If, however, the Board will not permit Mr. Lieberman to be deposed'in Boston, we ask that.the Board designate a convenient date, time, and place for this deposition.

C. Documents requested In the Notice of Taking Deposition, we have requested that Mr. Lieberman bring only a small number of items with him: all documents, slides, photographs, maps, notes, tally sheets and other materials used to calculate the estimated parking capacity of the beach areas.- Bringing these. items to the deposition would not be unduly burdensome. We ask that the subpoena command Mr. Lieberman to bring these items to the deposition.

D. Testimony sought The Attorney General will examine Mr. Lieberman regarding

~only the ETE study done.by KLD Associates and contained in Volume 6 of the NHRERP-Rev. 2 and the RAC review of this study.

JAMES M. SHANNON ATTORNEY GENERAL Allan R. Fierce Carol S. Sneider Assistant Attorneys General Department of the Attorney General Nuclear Safety Unit One Ashburton Place, Rm. 1902 Boston, Massachusetts 02108 (617) 727-2220 (Fierce)

(617) 727-2265 (Sneider)

Date: May 19, 1987 m

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D.

CERTIFICATE OF SERVICE I hereby certify that on this date a copy of the foregoing

" Application for a Subpoena" along with a copy of the Notice of Taking Deposition of Edward B. Lieberman was sent first class, postage prepaid, to Edward B. Liebe'rman, Vice President, KLD Associates, Inc., 300 Broadway, Huntington Station, New York, NY 11746. It was also sent to all those on the service list enclosed herewith.

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AlTan R. Fierce" Assistant Attorney General Dated: May 19, 1987

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