ML20235F288
| ML20235F288 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/24/1987 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4467 OL, NUDOCS 8709290023 | |
| Download: ML20235F288 (7) | |
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87 SP 25 PI E5 NUCLE AR HEuULATORY COMMISSION before the OFGCE #i Ecma -
880HE1[Gl;$dv1q ATOMIC SAFETY AND LICENSING BOARD n
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In the Matter of
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Docket Nos. 50-443-OL f
PUBLIC SERVICE COMPANY OF
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30-444-OL NEW HAMPSHIRE, et al,
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Off-Site Emergency
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Planning Issues 1
(Seabrook Station, Units 1 and 2)
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TOWN OF HAMPTON OBJECTION TO PRETRI AL ORDER ~
AHQ MOTION EQB RECONSIDERATION Now comes the Town of Hampton and objects to certain rulings 'made by this Board during the prehearing conf erence call on September 117, 1987.
These objections include:
1.
Town of Hampton objects to this Board's order that a Lead Intervenor be designated to conduct cross examination, on behalf of all Interveners, of each Applicant witness or witness panel.
Town of Hampton submits that it is a matter of fundamental fairness unat counsel for the Town be permitted a f ull and f air opportunity to represent the Town, including conducting cross examination, bef ore this Board.
While certainly the Town concurs in the Board's view that duplicative cross examination should be avoided, the Lead Intervenor concept, in the Town's view, would go well beyond eliminating redun-dant testimony.
It is not reasonable to expect unat another Inter-8709290023 870924
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venor, with only a f ew weeks' notice prior to hearing, can be equally prepared to conduct cross examination with respect to those particular interests of the Town of Hampton, None of the other Interveners can reasonably be expected, at this late cate, to amiliarize themselve s with the specific personnel issues f or the Town of Hampton, particular geographic and roadway problems in that town, or the other issues as raised in the Town of Hampton's prefiled testimony.
Auditivnally, based upon the pretrial conference call, the Town of Hampton understands that in the event Lead Intervenor f ails to consider or address a particular issue, another Intervenor will be able to present that issue on cross examination only upon a showing of a prior " good f aith ef f ort to turn it over to a Lead Intervenor."
Transcript pp. 2521-2522.
Given the uncertainties on the direction of cross exmaintion, depending upon answers received, tnis add.cional burden of a " good f aith ef f ort" may be dif ficult to demonstrate and could result in exclusion of relevant tesulmony.
a The Town of Hampton theref ore requests that this Board recon-sider its ruling concerning the Lead Intervenor and permit each party to conduct its own cross examination, subject to this Board's oversight at tne heating to exclude repetitive cross examination.
2.
The Town of Hampton also objects to this Board's ruling that Interveners be required to proceed to li ti ga te certain issues, including sheltering for th e boach population and drivers for l
evacuation buses, when these provisions of une plan nave been 2
SHA!NES Em McE ACHERN. PROFESSIONAL ASSOCIATION 25 MAPLEWOOD AVENUE P O BOX 360 PORTSMOUTH N H OM501
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i fundamentally altered by Applicants' prefiled testimony.
As the Town inf ormed _ the. Board during the pretrial conf erence call, Transcript pp.
l 2530-2531, Applicants' ef f orts to amend its plans 'through prefiled
- testimony have'unf 41rly surprised the Town of Hampton and' Interveners
.w hi ch, at a-minimum, warrant po st po nem ent of a hearing on these
- issues, to permit f urther contentions, discovery, and FEMA review.
p Your Honor, this is Mat (sic) Brock f or the. Town of Hampton and since.you have particularly commented with respect to the issue of surprise, I have not by any means gone through all of the pr e-trial testimony, but it is my understanding l
that in addition to the Sheltering Issue, Applicants have changed the. Plan by omitting teamsters, or at least most teamsters as bus-drivers for the
' eva'cua tion buses.
Originally there were some 1,500
. teamsters designated'to perform th a t role, and-Hampton submitted pre-trial testimony on tnat basis and apparently that is no loner the Plan and some other groups have been designated to f u2 fill that function.
And it is certainly surprise and we believe, unf air surprise f or us to go i
into the hearing at this point., and to I
be litigating the issue of, f or example,
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personnel to drive' those vehicles, when we have had no discovery, and we have no information other than their statements in Applicant's pre-trial testimony that these other groups will now perf orm that function.
Transcript, pp. 2560-2561.
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SHAINES 6s McEACHERN PROFESSIONAL ASSOOATON 2S MAPLEWOOD AVENUE P O Box 360 PORTSMOUTH N H C3801
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Town of Hampton intends to' join in a more detailed filing on
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.this issue but wishes to bring its objection bef ore tne Boarc in as i
timely a manner as possible.
3.
. Th e Town ~ of H am pt on,
- finally, objects to the ' pretrial 1
conf erence ' call a's serving as a prehearing conf erence f or purposes of I
this proceeding.--
Counsel for tb. Town of Hampton -was f requently.
j unable to hear the substance of statements and conversations. by vther participants and the conference was of limited utility in fully exploring such issues' as substantial amendments to the plans tnrough-1 1
' Applicants' prefiled testimony.-
j Respectfully submitted, TUdN OF HAMPTON By Its Attorneys SHAINES &
CEACH ERN Profess' al'Ac oc' tio By/
Paul McEachern Dated:
September 24,198 By-Matthew T.
Brock N-4 i
SHAINES & McE ACHERN PROFESSIONAL ASSOCATION j
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PtCHETED UbHKC CERTIFICATE DE SERVICE
'87 SEP 25 P1 :46 I,. Matthew T. Brock, one' of the attorneya f or the Town of Hampton
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herein,:bereby certify that on September 24, 1987,-
- ser e of the f oregoing document, TOWN OF HAMPTON OBJECTION T
- RER, AND MOTION FOR RECONSIDERATION by depositing copies t
- in the United States Mail, first class postage prepaid for delivery (or, where indicated, by' Express Mail, prepaid) addressed to:
- Ivan Smith, Esq., Chai rman '
- Judge Gustave A. Linenberger, Jr.
i Atomic Saf ety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissic n East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway
'Bethesda, MD 20814 Bethesda, MD 20814
- Dr. Jerry Harbour
- Atomic Safety and Licensing Boar d Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissic n
. Bast West Towers Building Washington, DC 20555 4350 East West Highway Bethesda, MD
'20814
- Atomic Saf ety and Licensing Appe al Board Panel
- Docketing and Service U.S. Nuclear Regulatory Commissic n U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC-20555
- Philip Ahrens, Esq.
- Thomas Dignan, Esq.
Assistant Attorney General George H. Lewald, Esq.
Office of the Attorney General Kathryn A.
Selleck, Esq.
State House Ropes & Gray Station 6 225 Frankin Etreet Augusta, ME 04333 Boston, MA 02110
- Sherwin E. Turk, Esq.
- Carol S. Sneider, Esq.
Orrice of'the Exec. Legal Dir.
Donald S. Bronstein, Esq.
U.S. Nuclear Regulatory Commission Allan R.
Pierce, Esq.
Tenth Floor Department of the Attorney Genera l 7735 Old Georgetown Road One Ashburton Place Bethesda, MD 20814 Boston, MA 02108
- Diane Curran, Esq.
- George Dana Bisbee, Esq.
nndrea C.
Perster, Esq.
Stephen E.
Merrill, Esq.
Harmon & Weiss Office of the Attorney General j
2001 S. Street, :'. W., Suite 430 State House Annex I Washington, DC 20009-1125 Concord, NH 03301 l
l 1
SHAINES & McEACHERN. PROFESSIONAL A$50CiATION 25 MArLEWOOD AVENUE P O BOX 960 PORTSMOUTH. N H 03801
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- Edward A. Thomas.
Robert.A. Backus, Esq.
Federal Emergency Mgmt. Agency Backus, Meyer & ' Solomon 442 J.W. McCormack (POCH).
111 Lowell Street Boston, MA.
02109 Manchester,' NH 03105 Mr s'. - Anne E. Goodman -
Jane Doughty Boa r d ' of. S ele ctmed Seacoast Anti-Pollution League 4
13-15 Newmarket Road 5 Market Street Durnam, NH 03824 Portsmouth,:NH 03801 William'S.' Lord, Selectman
-Rep. Roberta C.
Pevar
. Town Hall
.Drinkwater Road Friend Street Hampton Falls, NH 03844-3 Amesbury, MAL 01913 Mt.- Angie Machiros,. Chairman H.
Joseph Flynn, Esq.
Board of. Selectmen Office of General Counsel 1
Newbury, MA 01950 Federal Emergency ' Mgmt. Agency 500 C Street, S. W.
Washington, DC 20472 Stanley W. Knowles Richard E. Sullivan Board of Selectmen Mayor P.O. Box.710 City Hall North Hampton, NH 03862 Newbury por t, MA-01950 J.P. Nadeau, Selectman
' Alf r e d V. Sargent, Chai rman Selectmen's Office Board of Selectmen 1
10 Central Road' Town of Salisbury Ry e,. NH 03870 Salisbdry,- MA 01950 Senator Goraun J. H umphr ey Senator Gordon J. Humphrey U.S. Senate One Eagle Square, Suite 507 Washington,HDC 20510 Cuncor d, NH
'u301
.(Attn:
Tom Burack)
(Attn:
Herb Boynton)
William Armetrong Allen Lampert Civil Def ense Director Civil Def ense Director 10 Front Street Town of Brentwood Exeter, NH 03833 Exeter, NH 03833 Richard A. Hampe Esq.
Gary W. Holmes, Esq.
r Hampe and McNicholas-Holmes and Ellis 35 Pleasant Street 47 Winnacunnet Road Concord, NH 03301 Hampton, NH 03842 2
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SH AINES & McEACHERN, PROFESSIONAL ASSOOATION 2$ MAPLEWOOD AVENUE P O BOX 360 PORTSMOUTH, N H CimO1 i
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t-p jl lCharlsa P. Graham, Esq.
Calvin A. Canney,f City Manager McKay,JMurphy & Granam-City. Hall-100 Main ~ Street-126 Daniel Street
' Amesbury, MA -
01913 Portsmouth, NH U3801-Sandra Gavutis' Brentwood,. Board of Selectmen Town' of.Kensington~
RFD Dalton Road RFD l', Box 1154 Brentwood, NH 03833 East Kensington, NH 03827 Robert'Carrigg, Chairman Mr. Th om a s H. Powers, III 1
1
-Board of Selectmen Town Manager
- Town Office Town of Exeter Atlantic Avenue -
10 Front Sreet No.-Hampton, NH-03862 Exeter, NH 03833 Judith H.
Mizner, Esq.-
Mr.~ Peter'Maunews Silvergate, Gertner, Baker, Fine, Mayor 5
' Good'& Mizner' City Hall 88 ~ Broad Street Newburyport, MA 01950 Boston, MA 02110 l-
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Matthew T. Brock
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