ML20215J955
| ML20215J955 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/17/1987 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3822 OL, NUDOCS 8706250166 | |
| Download: ML20215J955 (7) | |
Text
[2,b DOLnEirn Uwr Dated:
June 17, 1987
'87 JUN 19. P1 :14 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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Off-site Emergency (Seabrook Station, Units 1 - and 2) )
Planning Issues
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't APPLICANTS' MOTION TO COMPEL ANSWERS On May 19, 1987, Applicants filed Interrogatories and a Request for the Production of Documents to the Attorney General for the Commonwealth of Massachusetts (" Mass. AG"),
Seacoast Anti-Pollution League ("SAPL"), and Town of Hampton j
("TOH") (hereinafter collectively referred to as "Intervenors").
On June 4, 1987, Intervenors filed a Joint Response in which they objected to each and every interrogatory.
Applicants move that this Board enter an order compelling Intervenors to answer forthwith the interrogatories propounded to them.
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J Applicants' interrogatories in essence ask the Intervenors to identify and produce the documents on which thsy rely to support their positions on the following f
contentions:
SAPL 34, TOH IV, SAPL 18, and TOH VI.
Luloff Intervenors each sponsored the Affidavit of Albert E.
J and Applicants used references in that affidavit to discover the identity of documents on which Intervenors rely.
interrogatories are not aimed at expert opinion Applicants' but rather the identity of source documents on which
,i Intervenors rely for their positions on the above contentions.2 This information should be theirs for the t-asking.
Intervenors' refusal to ask should not be countenanced by the Board.2 Intervenors filed the Luloff Affidavit for this Board's y
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See " Opposition of Attorney General James M.
consideration.
Shannon to Applicants' Motions for Summary Disposition on SAPL Contentions 34 (SAPL 34) and Town of Hampton Revised Contention IV (TOH IV)," " Seacoast Anti-Pollution League's To the extent Applicants' interrogatories are construed 2
by this Board as seeking opinion rather than informational sources, Applicants do not press those interrogatories.
Intervenors' objection to identifying and producing 2
documents is surprising in the face of their recent Mass. AG in particular has availed himself of filings.
,the opportunity to obtain source docuraents in the possession of Applicants' experts through interrogatories to the Applicants.
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3 Response to Applicants' Motion for Summary Disposition of SAPL' Contention No. 18," " Seacoast Anti-Pollution League s Response to Applicants' ' Motion for Jummary Disposition of SAPL No. 34, " Town of Hampton-Answer opposing Applicants' Motion for Summary Disposition-(TOH IV)," and " Town of Hampton Answers opposing Applicants' Motion for Summary Disposition (TOH VI).".The:Luloff Affidavit sponsored by Intervenors is replete with references to informational Intervenors are sources unknownLto the Applicants.
obligated to provide the.information regarding those sources and cannot. hide.their heads in the sand and pretend the-information is beyond their reach.
The' cases cited by Intervenors address a different.
to wit the applicability of the Federal Rules of
- issue, Civil-Procedure to NRC cases concerning discovery of expert Intervenors are already under a duty to witness opinions.
provide. answers regarding their' experts' opinions.
- See, e.g., Applicants' offsite EP Interrogatories and Request for the' Production of Documents to Attorney General of the 1
filed April 28, Commonwealth of Massachusetts (Set No. 1),
1986,.and 10 CFR 2.740(e).8 By their attorneys, Thomas G. Dignan, Jr.
George H. Lewald.
Kathryn A. Selleck Deborah S. Steenland Ropes & Gray 225 Franklin Street
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Boston, MA 02110 t
(617) 423-6100 b
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- 1987, Mass. AG's supplemental responses dated March 18, 8
identify certain of his experts, but make no mention of Luloff although Mass. AG sponsored the Luloff Albert E.
motions for Affidavit in his opposition to Applicants' summary disposition.
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CERTIFICATE OF SERVICE one of the attorneys for the'87 JUN 19 P1 :14 I, Kathryn A. Selleck, 1987, I Applicants herein, hereby certify that on June 17, made service of the within document by depositing copiesfor delivery to $ppp,g
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thereof with Federal Express, prepaid, where indicated, by depositing in the United States mail, n ;. a a, first class pestage paid, addressed to):
Robert Carrigg, Chairman Administrative Judge Helen Hoyt, Board of Selectmen Chairperson, Atomic Safety and Town Office Licensing Board Panel Atlcntic Avenue U.S. Nuclear Regulatory North Hampton, NH 03862 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 i
Diane Curran, Esquire Judge Gustave A. Linenberger Andrea 0.
Ferster, Esquire
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Atomic Safety and Licensing Harmon & Weiss tj j
Board Panel Suite 630 N
U.S. Nuclear Regulatory 2001 S Street, N.W.
h Commission Washington, DC 20009 East West Towers Building 1
4350 East West Highway
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Bethesda, MD 20814
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Stephen E. Merrill
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Dr. Jerry Harbour Attorney General Atomic Safety and Licensing George Dana Bisbee Board Panel Assistant Attorney General U.S. Nuclear Regulatory Of fic:e of the Attorney General Commission East West Towers Building 25 Capitol Street Concord, NH 03301-6397 4350 East West Highway Bethesda, MD 20814 Sherwin E. Turk, Esquire
- Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Robert A. Backus, Esquire
- Atomic Safety and Licensing 116 Lowell Street Appeal Board Panel P.O. Box 516 U.S. Nuclear Regulatory Manchester, NH 03105 Commission Washington, DC 20555 i
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l Mr. J. P. Nadeau
'Fhilip Ahrens, Esquire Selectmen's Office Assistant Attorney General 10 Central Road l
Department of the Attorney Rye, NH 03870 General Augusta,;ME 04333 l
Carol S. Sneider, Esquire Paul McEachern, Csquire Assistant Attorney General' Matthew T. Brock, Esquire Department of the Attorney General i
Shaines & McEachern One Ashburton Place, 19th Floor J
25 Maplewood Avenue Boston, MA 02108 i
P.O. Box 360 Portsmouth, NH 03801 l
Mr. Calvin A. Canney i
Mrs. Sandra Gavutis City Manager' Chairman, Board of Selectmen City Hall RFD 1 - Box 1154 126 Daniel Street i
Route 107 Portsmouth, NH 03801 i
Kensington, NH 03827 i
Mr. Angie Machiros j;
- Senator Gordon J. Humphrey Chairman of the
.d U.S. Senate Board of Selectmen Washington, DC 20510 Town of Newbury h
(Attn Tom Burack)
Newbury, MA 01950 I
Mr. Peter J. Matthews
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- Senator Gordon J. Humphrey One Eagle Square, Suite 507 Mayor
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City Hall Newburyport, MA 01950 g
Concord, NH 03301 (Attn:
Herb Boynton)
Mr. William S. Lord Board of Selectmen j
Mr. Thomas F. Powers, III Town Manager Town Hall - Friend Street Town of Exeter Amesbury, MA 01913 10 Front Street Exeter, NH 03833 Brentwood Board of Selectmen H. Joseph Flynn, Esquire RFD Dalton Road Office of General Counsel Brentwood, NH 03833 Federal Emergency Management Agency 500 C Street, S.W.
Washington, DC 20472 Richard A. Hampe, Esquire Gary W. Holmes, Esquire Hampe and McNicholas Holmes & Ells 35 Pleasant Street 47 Winnacunnet Road Concord, N3 03301 Hampton, NH 03841 1
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t Judith H. Mizner, Esquire Mr. Ed Thomas Silvarglate, Gertner, Baker, FEMA, Region I Fine, Good & Mizner 442 John W. McCormack' Post 88 Broad Street Office and Court House-Boston, MA 02110 Post Office Square Boston, MA 02109 Charles P. Graham, Esquire McKay, Murphy and Graham-100 Main Street Amesbury, MA 01913 Kat1ryn A.
Selleck
(*= Ordinary U.S. First Class Mail.)
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