ML20215D530
| ML20215D530 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/15/1987 |
| From: | Fierce A MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3744 OL, NUDOCS 8706190049 | |
| Download: ML20215D530 (7) | |
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UNITED STATES OF AMERICA
'87 WN 16 P3 :08 NUCLEAR REGULATORY COMMISSION Grq UEW Before Administrative Judges:
Helen F.
Hoyt, Chairperson Gustave A.
Linenberger, Jr.
Dr. Jerry Harbour
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In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket Nos.
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50-443/444-OL (Seabrook Station, Units 1 and 2!)
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(Off-Site EP)
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June 15, 1987
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ATTORNEY GENERAL JAMEE M.
SHANNON'S MOTION TO COMPEL APPLICANTS TO FRODUCE DOCUMENTS AND ANSWER TO APPLICANTS' MOTION FOR A PROTECTIVE ORDER Attorney General James M. Shannon hereby moves the Licensing Board pursuant to 10 C.F.R.
S 2.740(f) to issue an order compelling applicants to respond to the following request for production of documents served on the applicants by the Attorney General on May 20, 19E7.
On June 4, 1987, applicants l
filed " Applicants' Response to Interrogatories Re:
NHRERP Rev.
j 2 Propounded To Them By Other Parties."
The specific l
interrogatory and request for production for which the Attorney J
General now seeks an order co:1pelling a production of documents is set forth below, together with the Applicants' response D$ $90fl 05000443 870615 0
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this motion.
Attorney General 1Shannon-further incorporates this. Motion to compel.as his answer to'" Applicants' Motion for
. -l Protective Order," also dated June 4, 1987..
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Interrogatory 28-Attorney General Shannon's Supplemental Interrogatory.28 stated as follows:
28.
KLD computed the Seabrook ETEs on a stand-alone version of the IDYNEV computer model, k
which was developed by KLD under a contract with
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FEMA.
The version of IDYNEV which FEMA-now has, however, is not identical to the version KLD used; so we have been unable to thoroughly test KLD's work on FEMA's model.
While applicants have permitted us j
to have access to'KLD's model, directlycat KLD's office in Huntington Station,$100/ hour for each New York, and also by phone' modem, KLD is charging c.p.u. hour and is monitoring all our computer runs.
This. arrangement has proven to be both unreasonably expensive and unreasonably intrusive, j
Please produce a separate copy of the computer model which KLD used in computing the ETEs contained in Volume 6 of the NHRERP-Rev.
2.
The applicants' response to this Interrogatory is as follows:
i Response 28:
Applicants object and repeat what Mass. AG has been told before:
Applicants and KLD Associates do not own the model and cannot reproduce and disseminate it on demand.
j Attorney General Shannon moves to compel the applicants to produce a copy of the computer model which was used in computing the ETEs contained in Volume 6 of the NHRERP-Rev. 2.
During telephone conversations which have been conducted seeking to resolve this discovery dispute informally, the 1 i
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attorneys for applicants.have suggested that since FEMA ha a
proprietary interest-inLthe version of IDYNEV used to' compute the ETEs contained in NHRERP-Rev. 2, neither they nor KLD'can
. reproduce it on demand.
However, when FEMA was then_ contacted, through Attorney Joseph Flynn, FEMA denied that.that it had a proprietary: interest-in IDYNEV that extended beyond the version of IDYNEV that FEMA now has.
To the extent that FEMA may have any ownership interest whatsoever in the version of IDYNEV which KLD now has, FEMA has agreed to release that interest'to enable Att'rney General Shannon to obtain a' copy.
At this o
time,'therefore, there is no reason why_ applicants.and KLD
-i should not be compelled to produce _a copy'of the version of IDYNEV on which'they produced the ETEs now being litigated.
Attorney General Shannon continues to_ offer.to pay the-reasonable cost of duplicating this computer.model.
A telephone conference call hosted by this Board Will facilitate i
resolution of this issue.
i Respectfully submitted, JAMES M.
SHANNON l
Attorney General i
~
M By:
Allan R. Fierce ~
Carol S. Sneider Donald S. Bronstein Assistant Attorneys General Nuclear Safety' Unit Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated:
June 15, 1987 f 3; fp, o
DOLKEif.?
UNITED STATES OF AMERICA U9EC NUCLEAR REGULATORY COMMISSION
'87 IN 16 P3 :08
)
crre _
In the Matter of'
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00CKE jy & "
t to
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M PUBLIC SERVICE COMPANY OF NEW
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Docket No.(s) 50-443/444-OL HAMPSHIRE, ET,AL.
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'(Seabrook Station, Units 1 and 2)'
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CERTIFICATE OF SERVICE I, Allan.R.' Fierce,'hereby certify that on June 15, 1987 I made service of the within correspondence, by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by-Federal Express mail, to:
- Helen F. Hoyt, Chairperson
- Gustave A. Linenberger, Jr.
Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission-Commission East West Towers Building East' West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814
- Dr. Jerry Harbour
- Sherwin E. Turk, Esq.
Atomic Safety & Licensing Board Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814
- H.
Joseph Flynn, Esq.
- Stephen E.
Merrill Assistant General Counsel Attorney General Office of General Counsc' George Dana Bisbee Federal Emergency Manage 1t Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord, NH 03301
)
e
- Docketing and Service Paul A.
Fritzsche, Esq.
U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 l
Washington, DC.
20555 Augusta, ME 04333 l
Roberta C. Pevear Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A.
Backus, Esq.
f Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 a
Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street 1
Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq.
J. P. Nadeau Matthew T. Brock, Esq.
Board of Selectmen Chaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J.
Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen a
Washington, DC 20510 25 High Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J. Humphrey Peter J.
Matthews 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)
Newburyport, MA 01950 Donald E. Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 3.-
i Brentwood Board of Selectmen Gary W. Holmes, Esq.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road
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Hampton, NH 03841.
Philip Ahrens, Esq.
Diane Curran, Esq.
Assistant Attorney ~ General Harmon & Weiss Department of the Attorney.
Suite 430~
General' 2001 S Street, N.W.
State House Station #6 Washington, DC.20009 Augusta,: ME 04333
- Thomas G. Dignan, Esq.
Richard A. Hampe,'Esq.
R.K. Gad III,.Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston,.MA 02110 Beverly Hollingworth
- Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W.
McCormack-(POCH)
Boston, MA 02109.
William Armstrong Michael Santosuosso, Chairman.
Civil Defense Director
. Board of Selectmen Town of Exeter.
Jewell Street, RFD 2 l
10 Front Street South Hampton, NH 03827 Exeter, NH
.03833 Robert Carrigg, Chairman Anne.E. Goodman, Chairperson Board'of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road-Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing j
Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH. 03833 Washington, DC 20555 Dr. Emmeth A. Luebke Charles P. Graham, Esq.
Atomic Safety & Licensing Board McKay, Murphy & Graham U.S. Nuclear Regulatory Old Post Office Square Commission 100 Main Street East West Towers Building Amesbury, MA 01913 4350 East West Highway Third Floor Mailroom.
Bethesda, MD 20814 Judith H.
Mizner,-Esq.
Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 1
p i
Rep. Edward J.
Markey, Chairman U.S. House of Representatives Subcommittee on Energy Conservation and Power Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn:
Linda Correia Allan R.
Fierce Assistant Attorney General Nuclear Safety Unit Dated:
June 15, 1987
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