ML20214G768

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

ML20214G768
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 8705270169
Download: ML20214G768 (3)

Text

4 RELATED CO@M 00CKETED' UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION 87 ttAY 20- P5 ISO Before Administrative Judges:

Helen.F..-Hoyt, Chairperson OFFICE F 3LMin '.

Gustave A. Linenberger, Jr. j DOCKET, t 'ag8 Vin Dr. Jerry Harbour.

)

In the Matter of )

)

PUBLIC SERVICE COMPANY OF 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 DENNIS S. MILETI Pursuant to 10 C.F.R. S 2.720, Attorney General James M. Shannon hereby.spplies for the issuance of a subpoena-directed to Dennis S. Mileti'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.

A. Deponent: Dennis S. Mileti Department of Sociology

Colorado State University Fort Collins, Colorado 80523 One of the critical assumptions used in KLD's ETE study was that "25 percent of the population within'the EPZ, but outside t' Region ordered to evacuate, will spontaneously evacuate, contrary to instructions." Two contentions being litigated by the Attorney General challenge this assumption. See SAPL-31 g527016987o3399 G ADOCK 05000443 PDR3

E (basis 5) and Town of Hampton III (basis 5). The Applicants have identified Dennis J. Mileti as the expert relied upon for this 25 percent assumption. 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 populat' ion in the EPZ, the Attorney General wishes to understand exactly how Mr. Mileti~ arrived at his - conclusion regarding this assumption. A deposition of Mr. Mileti will.

allow the Attorney General to obtain a great deal more information about the basis for his expert opinion 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. Mileti for a deposition at a time and place convenient to both Mr. Mileti 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. Mileti, on information

.and belief, has voluntarily traveled to the east coast on repeated occasions to be deposed during the Shoreham litigation; (3) Applicants' attorneys are in Boston; and (4) attorneys for Town of Hampton and SAPL are likely to attend,

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j and their-offices are both near to Boston. If, however, the 1

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Board will not permit Mr. Mileti 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. Mileti bring only a small numb'er of items with him:- all documents, data, reports, studies, and calculations upon which he has based his opinion, utilized in Volume 6 of the NHRERP -

Rev. 2, that a voluntary, spontaneous evacuation would not exceed 25% of the population. Bringing these items to the deposition would not be unduly burdensome. We ask that the subpoena command Mr. Mileti to bring these items.to the deposition.

D. Testimony sought The Attorney General will examine Mr. Mileti regarding only the assumptions that he'has made which have been incorporated into the ETE study done by KLD Associates and contained in Volume 6 of the NHRERP-Rev. 2.

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 l

(617) 727-2220 (Fierce)

(617) 727-2265 (Sneider)

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! Date: May 19, 1987

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