ML20235X491
| ML20235X491 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/15/1987 |
| From: | Oleskey S MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20235X466 | List: |
| References | |
| OL, NUDOCS 8710200019 | |
| Download: ML20235X491 (8) | |
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l0 UNITED STATES OF AMERICA W El \\$ P3 W:
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NUCLEAR REGULATORY COMMISSION
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Before Administrative Judges:
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Ivan W. Smith, Chairman
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Gustave A. Linenberger, Jr.
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qf:i In The Matter Of
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Docket Nos. 50-443-OL
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PUBLIC SERVICE COMPANY
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50-444-OL 3
OF NEW HAMPSHIRE,'et al.,
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(Off-Site Emergency
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Planning) l (Seabrook Station, Units 1 and 2) )
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October 15, 1987 M
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ATTORNEY GENERAL JAMES M. SHANNON'S RESPONSE TO APPLICANTS' OBJECTION IN THE NATURE OF 3I l
A MOTION IN LIMINE TO THE ADMISSION IN l-EVIDENCE OF PART II OF THE TESTIMONY OF 63; DR. ALBERT E. LULOFF AND ATTACHMENT 2 TO THE TESTIMONY Q
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The applicants motion objecting to Part II of the Testimony
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,q of Dr. Albert E. Luloff, and the related attachments to that testimony, should be denied because this portion of the i
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testimony of Dr. Luloff is relevant directly to at least two admitted contentions.
Furthermore, to the extent that the motion in limine asserts that those contentions / bases should l
not have been admitted because they present matters which are beyond the scope of Commission emergency planning regulations and guidance, that assertion (1) could have been but was not 8710200019 B71015 PDR ADOCK 05000443 O
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presented to the Board in applicants' responses to contentions f1 W
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N1 is a thinly disguised motion for s mmary y;. ;.
Y disposition, which the Board has prohibited as to ETE
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contentions,-(3) is an untimely summary disposition motion at s.,9 y
-this stage of the proceedings, and (4) is wro.g on the merits.
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As Part II of the testimony notes, Lulof f Testimony at 2,
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a, that portion of Dr. Luloff's testimony addresses certain D.i Y !
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p Contention III to Revision 2 ("TOH III") and SAPL Contention dE' "cpj h;
No. 34 ("SAPL 34").
The applicants' Objectio../ Motion in Limine y;h does not dispute that this testimony is relevant to these l
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contentions.
In fact, Applicants raise none of the traditional p,
id, evidentiary objections that can be made by way of an
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" objection" to the admission of-testimony during a hearing or Mp a
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Instead, Applicants' motion seeks to acco plish something d5;! I j$'y which normally would be accomplished in an NR proceeding
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.er the admission of a contention, namely the eli.ination of a
&y contention or a contention basis from the case.
It may be that theapplicants now seek this objective indirer:1y through this motion because (1) they recognize that they f ailed to object timely to the admission of these contentions and/or bases on their merits, and (2) the Board has explicitP ruled that TOH III and SAPL 34 are categorized as "ETE" contentions, which the
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' Board has ruled "will be litigated."
See this Board's cqf 3;:.
Memorandum and order of August 31, 1987 (Ruling on and jp${
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Disposing of All Outstanding Motions for Summary Disposition of
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But even if the Board had not precluded motions for summary
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,a disposition on SAPL 34 and TOH III, the present thinly 4i disguised motion for. summary di.cposition should be overruled hO
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At this phase of jyd u.
this proceeding the Board seeks to receive the relevent, of;
- h admissible evidence on the remaining contentions in the case.
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Only at the next stage -- after the close of the evidentiary jfj-Mt record -- may the Applicants propose (in their suggested l
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findings of fact and rulings of law) that a contention, or gj l
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contention basis, is without merit.
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i 3b The Attorney General further submits that even if motions ja l
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and even if such motions were " ripe" for consideration at this gg time, the Attorney General would at least be able to submit the M=
Luloff testimony (in affidavit form) to the Board for its f(4 consideration prior to its decision on that motion.
And the i
Attorney General might submit other testimony, besides that of l
Dr. Luloff, to support these contentions as well.
Thus, by analogy, until the Board has received all of the evidence at these hearings, and until the Attorney General has l
filed his proposed findings of fact drawing the Board's 3-
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attention to all the evidence which supports TOH III/ Basis E
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andSAPL 34, it is entireiy premature to rule that these
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There is no basis whatsoever, therefore, to exclude Part II of Dr. Luloff's testimony, i ?:
l Finally, applicancs' request that they be " relieved of the 2[7 great time and effort needed to respond to the testimony'and Mj m.
attachment in question" is without merit on its face.
If they K
are so certain that this testimony is of no legal significance,
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then they can simply choose not to cross-examine Dr. Luloff on y
e;tc it or file any rebuttal.
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The objection / motion in limine should be denied.
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Respectfully submitted, 4-1 JAMES M. SHANNON
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COMMONWEALTH.9F MASSACHUSETTS lip 3
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By:
Stephen H. Oleskey Deputy Attorney General j
l Frank W. Ostrander Allan R. Pierce Assistant Attorneys General l
Nuclear Safety Ur;t j
One Ashburton Place 3
Boston, MA 02108 (617) 727-2220 DATED:
October 15, 1987
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d UNITED STATES OF AMERICA ggggggg NUCLEAR REGULATORY COMMISSION usNRc ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges-17 OCT 16 P3:02-Ivan W. Smith, Chariperson Gustave Linenberger, Jr.
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In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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-Docket No.(s)
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50-443/444-OL (Seabrook Station, Units 1 and 2)
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i CERTIFICATE OF SERVICE 1
l I, Stephen H. Oleskeys, hereby certify that on October 15, 1987, I made service of-ATTORNEY GENERAL JAMES M. SHANNON'S RESPONSE TO THE l
APPLICANTS' OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO THE ADMISSION INTO EVIDENCE OF THE TESTIMONY OF SHOLLY, BEYEA, THOMPSON 1
AND LEANING and ATTORNEY GENERAL JAMES M. SHANNON'S RESPONSE TO APPLICANTS' IN THE NATURE OF A MOTION IN LIMINE TO THE ADMISSION OF l
EVIDENCE OF PART II OF THE TESTIMONY OF DR. ALBERT E.
LULOFF AND ATTACHMENT 2 TO THE TESTIMONY, by depositing in the U.S. mail, first class postage paid, addressed to, or as indicated (*l, by mailing l
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copies thereof with Federal Express, prepaid, for delivery to:
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- Ivan Smith, Chairman
- Gustave A.
Linenberger, Jr.
2 Atomic Safety & Licensing Board Atomic Safety & Licensing Board l
U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission j
'3 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 i
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- Dr. Jerry Harbour
- Sherwin E. Turk, Esq.
l Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear. Regulatory Director 3
Commission U.S.
Nuclear Regulatory Commission:
1 East West Towers Building Tenth Floor d
4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814
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H. Joseph ~Flynn, Esq.
Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General k
500 C Street, S.W.
25 Capitol Street Washington,.DC 20472 Concord, NH 03301 Docketing and Service Paul A. Fritzsche, Esq.
U.S.
Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 dashington, DC.
20555 Augusta, ME 04333 l
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-Roberta C. Pevear Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabcook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington. DC 20555 Paul McEachern, Esq.
J.
P. Nadeau Matthew T.
Brock, Esq.
Board of Selectmen l
Shaines & 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 L__-_-__-____.
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3 Senator Gordon J. Humphrey Angelo Machitos, Chairman U.S. Senate Board of Selectmen 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 Iown Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street i
Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W. Holmes, Esq.
RfD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq.
Diane Curran, Esq.
Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 i
General' 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augusta, ME 04333
- Thomas G.
Dignan, Esq.
Richard A.
Hampe, Esq.
i R.K. Gad III, Esq.
Hampe & McNicholas Ropes & Gray 35 Plea
- ant Street 225 Franklin Street Contved, 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 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodnian, Chairperson Board of Selectmen Board of Selectmen rown Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 I
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' Allen Lampert-Sheldon J. Wolfe, Chairperson 1 : W n
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Civil Defense Director Atomic Safety and Licensing-d.f Town of Brentwood Board Panel Nuclear Regulatory Commissio.f/
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e 20 Franklin Street U.S.
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Exeter, NH 03833 Washington, DC 20555 1
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Dr. Emmeth A. Luebke-Charles P. Graham, Esq.
W Atomic Safety & Licensing Board McKay, Murphy & Graham 9.,
j U.S.' Nuclear Regulatory Old Post Office Square
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Commission 100 Main Street
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East West Towers Building Amesbury, MA 01913 id 4350 East West Highway.
%h third Floor Mailroom 9
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. Bethesda, MD 20814
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' ',Thi Judith H. Mizner, Esq.
Silvergate, Gertner, Baker,
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Fine, Good & Mizner Hi 88 Broad Street
@h Boston, MA 02110
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Rep. Edward J. Markey, Chairman U.S. House of Representatives Subcommittee on Energy M
Conservation and Power Room H2-316 House office Building
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Washington, DC 20515 i
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Attn:
Linda Correia W #
L $ y ; i.; - p Alk.] [ f Ub'O. .ll; Stephen H. Oleskey j' /. [,[ y Deputy Attorney General ( ; Department of the Attorney General: @y ?g j 4 c One Ashbutton Place ! M* Boston, MA 02108-1698 (617) 727-4878 Dated: October 15, 1987 ),1 h-_ .__.-A___ _.. _. _ _ _ _. _ _}}