ML20235R892
| ML20235R892 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/01/1987 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20235R605 | List: |
| References | |
| OL, NUDOCS 8710080221 | |
| Download: ML20235R892 (3) | |
Text
..._
.).
[
q Dated:
October 1, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC' SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues l
)
)
APPLICANTS' OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO THE ADMISSION IN EVIDENCE OF THE TESTIMONY OF ANN HUTCHINSON REGARDING TOH REVISED CONTENTIONS III, IV AND VI AND SAPL CONTENTIONS 8, 8A, 15, 31 AND 37 l
Applicants object and move this Board in the nature of a Motion in Limine to exclude the testimony of Ann Hutchinson served on the parties in this proceeding.
In support of their motion, Applicante say that the testimony is not material or relevant to any issue in this proceeding.
The putative witness asserts she is a long-time employee (24 years), within the last nine years in a supervisory capacity, in the Berry Transportation Company, North Hampton, New Hampshire, which company has executed a Letter 8710080221 871001 PDR ADOCK 05000443 gr=
PDR e-____-
s O'
l f
of Agreement to deploy certain of its buses subject to i
driver availability to local emergency centers as requested f
by New Hampshire's Civil Defense Agency.
The Letter recites an availability of 62 buses and nine drivers for an emergency response.
i l
The testimony first opines that on the witnesses' reading of the Letter of Agreement no bus driver is obligated or required to drive in the event of an emergency at Seabrook.
It is further opined that on the basis of her experience in supervisory responses to the NHRERP emergency exercise conducted in February, 1986 which asked for as many l
of the 57 Berry Transportation Company drivers as could be provided and in discussions with company drivers. that approximately 90% of the 57 would refuse or be unavailable to drive in the event of an emergency.
First, Letters of Agreement are not intended to l
constitute enforceable contracts.
Philadelphia Electric j
Co. (Limerick Generating Station, Units 1 and 2), LBP-85-14, 21 NRC 1219, 1273 (1985).
Secondly, the opinions ventured by the testimony present no specialized knowledge which might assist the trier of fact to determine an issue.
Fed.
R. Evid 702.
Furthermore, the opinions expressed on the strength of the bases set forth in the testimony offered are i
simply speculative.
The opinions offered are unhelpful, i.
m__m_._. _ _ _ _ _
___._m_
L-
.4
. approximations of'deminutia and constitute a waste of time.
j
,Lcl. at Notes, of Advisory Committee on Proposed Rules.
By their attorneys, Thor (a s 'G. Dignan, Jr.
George H. Lewald Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 1
1 l
l l
l l
I I I
(
s
]