ML20214N106

Memorandum & Order (Denying Town of Hampton (Toh) Motion for Protective Order - Deposition of G French,Executive Director of Toh Chamber of Commerce).* Subpoena Stands as Issued. Served on 870527

ML20214N106
Person / Time
Site:	Seabrook
Issue date:	05/26/1987
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:	HAMPTON, NH
References
CON-#287-3554 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8706020067
Download: ML20214N106 (3)

Text

AsA-0XHETED UNITED STATES OF AMERICA u;Nac l

! NUCLEAR REGULATORY COMPISSION ATOMIC SAFETY AND LICENSING BOARD W W 27 A10:44 Before Administrative Judges: om;. . .

Helen F. Hoyt, Chairperson 00chtriin, , . fdj, Gustave A. Linenberger, Jr. ORAN&

Dr. Jerry Harbour SERVED MAY N

In the Matter of 1 Docket Nos. 50-443-OL l 50-444-OL PUBLIC SERVICE COMPANY l (ASLBPNo. 82-471-02-OL) 0F NEW HAMPSHIRE, g al. (OffsiteEmergencyPlanning)

! . )l l (Seabrook Station, Units 1 and 2) J' May 26, 1987 MEMORANDUM AND ORDER (DenyingTownofHampton(ToH) Motion

for Protective Order -

l Deposition of Glen French, Executive Director l of TOH Chamber of Commerce)

[

i On May 19, 1987 Applicants served Notice of Deposition of Glen French on the parties.

On May 21, 1987 Applicants submitted Application for a Subpoena l Duces Tecum for the appearance of Glen French at a deposition on May 28, 1987 at the Offices of Sheehan, Phinney, Bass & Green in Manchester, New Hampshire. Grounds stated by Applicants are that Mr. French submitted an affidavit on February 20, 1987 concerning the use of certain population estimates by the Hampton Chamber of Comerce which were relied on by T0H in opposing Applicants' Motion for Sunnary Disposition

! of TOH Contention VI. Schedule of documents for the witness to bring include those regarding information about sunner weekend population 1

K 43 i

o PDR 0M a _- _

0 2

estimates used by the Hampton Chamber of Comerce and the methods or I models used to derive such estimates.

The Board granted the subpoena and forwarded it to the Applicants i

by Federal Express on May 22, 1987 for service.

On May 22, 1987 Town of Hampton Motion for Protective Order was filed and received by the Board on the morning of May 26, 1987.

Applicants have made a general showing of the testimony and documentary evidence sought. We need not determine the admissibility of evidence. (10CFR2.720(a)).

i j The objections that the Applicants are seeking to compel the Town of Hampton to produce Glen French for the deposition is without merit.

The subpoena is directed to Mr. Glen French and not to the TOH.

t

! t.ikewise, we find no support for Hampton in the statement that the Applicants have already posed certain interrogatories to the witness.

]

Without the benefit of the deposition befort us, it would be difficult to determine if the responses during the deposition were redundant when l i

' compared to the responses T0H submitted in answer to previous Applicants' interrogatories.

! Of concern to the Board is the apparent conflicting positions of i

TOH. On one hand T0H identifies an " expert" who has responded to the interrogatories on population estimates and Mr. French's estimates that TOH apparently now disavows because " Glen French has not been retained i

r by the Town of Hampton."  !

)'

The Board finds that the broad discovery which serves to refine issues should be invoked here. We deny the Motion for Protective Order I  !

i 4

1

l 3

and pennit the subpoena as issued to stand. Because of the time frames involved between this ruling and the designated time for the deposition, the Board has telephoned this Memorandum and Order to Applicants' and T0H's counsel and served a copy on each by Federal Express this 26th day of May 1987.

FOR THE ATOMIC SAFETY AND LICENSIN BOARD

~ Y -

Helen F. f oft. Ulatrkryti Administrative Judge i

l l Dated at Bethesda. Maryland this 26th day of May 1987.

.