ML20236P858

Requests That Board Require Dignan,On Record,To Withdraw 871104 Comments Re Inconsistencies in E Thomas Testimony & to State Lack of Intent to Prosecute or Sanction Thomas. Dignan Should Be Admonished.W/Certificate of Svc

ML20236P858
Person / Time
Site:	Seabrook
Issue date:	11/12/1987
From:	Backus R, Brock M, Oleskey S HAMPTON, NH, MASSACHUSETTS, COMMONWEALTH OF, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4870 OL, NUDOCS 8711190037
Download: ML20236P858 (7)

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DOCHETED

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@ NOV 16 PS:281-November: 12,'1987 {0 S BRANCH Ivan W. Smith, ChairmanL i Atomic ~ Safety and Licensing Board.

'U. S. Nuclear. Regulatory Commission East West Towers Building 4350 East West. Highway Bethesda, MD 30814 RE:

E Public-Service: Company of New Hampshire, et al (Seabrook Station, Units l'and 2)

. Docket Nos. 50-443-OL-50-444-OL

Dear. Chairman Smith:

Last week we w concerning conduc ere provided some disturbing information.

we believe to be-improper.t of counsel'in this proceeding,' conduct which..

After a reasonable time for reflection, and-following. discussion with other counsel, we-believe we must bring this matter to your attention.

NovemberAfter Ed 4, Thomas of FEMA last 1987,'we were informed that Mr. Dignan hadtestified on Wednesd approached Mr.'Flynn and Mr. hatson, FEMA counsel.

had asdiscussion with'them in which he raised claims ofMr. Dignan material inconsistency between Mr. Thomas' testimony on October 7 and on

-cross-examined him.that very' day, November 4, when Mr. Dignan the U.S. Mr. Dignan then stated in' substance that Attorney in Boston would be quite interested in reviewing days. the transcripts of Mr. Thomas' testimony.on those two This conversation was then reported to Mr. Thomas.

wereWe improper believe that and Mr. Dignan's comments, as reported to us cannot ,

left unremarked. in the circumstances of this case be dealt with Mr. Thomas for years in connection with SeabrookAs a Station, be reported Mr. to Dignan must have Mr. Thomas andknown both that his remarks would that they concern and apprehension to him. All parties would cause great clearly appreciate the extraordinary significance of FEMA's prefiled testimony, and that Mr. Thomas will be the principal spokesperson for FEMA in presenting this testimony to the i1%3$k e o

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Ivan W. Smith, Chairman November 12, 1987 Page two Board.

newly admitted member of the Bar of the Commonwealth o Massachusetts, a point Mr. Dignan has emphasized in his cross examination of Mr. Thomas. The threat that seek to have Mr. Thomas prosecuted for his testimony in thisMr. Dignan might case could certainly be expected to cause him additional apprehension testimony. for this reason and, therefore, to affect his We also believe the timing of Mr. Dignan's comments to be particularly disturbing, coming after two unusual voir dires of j Mr. Thomas by Mr. Dignan and prior to Mr. Thomas defending the FEMA respectposition on the inadequacy of the New Hampshire plans with to sheltering.

concerns about If indeed Mr. Dignan had further the accuracy of Mr. Thomas' testimony after that testimony was concluded, it was only appropriate that he have addressed his comments directly to this. Board or to the U. S.

Attorney.

Under present circumstances, Mr. Dignan's comments can only give the appearance of an attempt to intimidate a key witness in this proceeding. I We are informed that FEMA counsel that he did notlate last week Mr. Dignan stated to suggestion that intend to pursue further the Mr. Thomas might testimony before this tribunal. Nonetheless, be prosecuted for his under the circumstances, we do not believe that this is sufficent.

Unless Mr. i in some material respect,Dignan now contests the substance of this matter we request this Board to require Mr. I Dignan Thoams on the record to withdraw his comments concerning Mr.

and to state that he has no intention of seeking to havegiven has Mr. Thoams beforeprosecuted this tribunal. or sanctioned for any testimony he 3 l

that this Board admonish Mr. Dignan notWe also respectfully request j to make any further comments which can reasonably be interpreted as an effort to 1

intimidate witnesses before this tribunal. {

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L, l' .Ivan-W. Smith, Chairman November. 12, 1987. i Page.Three Respectfully submitted, 3 .

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-Matthew T. Brock , . -

Attorney for Town of Hampton

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j Robert A..Backus Attorney for Seacoast Anti-Pollution League-I' Stg i n . :ey Deputy Attorney (General Commonwealth of Massachusetts l

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' UNITED STATES OF AMERICA p

' NUCLEAR REGULATORY COMMISSION Y

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.In 'the Matter'of. )

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PUBLIC SERVICE COMPANY-OF~NEW ) . Docket No.(s).50-443/444-OL HAMPSHIRE, ET AL.- )

(SeabrookJStation, Units 1 and 2) )'

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CERTIFICATE OF SERVICE'

.I, Stephen H. Oleskey, hereby certify that on' November.12, 1987,.I made service of the within document, by mailing copies thereof,

. postage prepaid,.by first class mail, to the parties whose addresses.

are unmarked and by federal express to the parties with a

• next to -

, their address and by hand delive'ry to the party with ** next to their address:

• Ivan Smith, Chairman

• 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 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 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 i Federal Emergency Management _. Assistant Attorney General ')

Agency 500 C Street, S.W. Office of the Attorney General 25 Capitol Street' Washington, DC 20472 Concord, NH 03301 Docketing and Service Paul A. Fritzsche, Esq. j

U.S. Nuclear Regulatory Commission Office of the Public Advocate  !

Washington, DC. 20555 State House Station 112 Augusta, ME 04333 Roberta C. Pevear Diana P. Randall State Representative Town of Hampton Falls 70 Collins Street Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing '

Appeal Board Panel U.S. . Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety & Licensing Jane Doughty Board Panel U.S. Nuclear Regulatory Seacoast Anti-Pollution League Commission 5 Market Street Washington, DC Portsmouth, NH- 03801 20555 J. P. Nadeau Board of Selectmen 10 Central Road Rye, NH 03870 i Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall ~

Rte. 107 E. Kingston, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Angelo Machiros, 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-Town Manager Board of Selectmen Town'of Exeter Town Hall 10 Front Street Friend Street 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

' General 2001 S Street, N.W.

~ State House Station #6 Washington, DC 20009 i Augusta, ME 04333

• Thomas G Dignan, Esq. Richard A. Hampe, Esq.

Ropes & Gray- Hampe & McNicholas 225 Franklin Street 35. Pleasant Street Boston, MA 02210 concord, NH 03301 I

Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)  ;

Boston, MA 02109 l 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, Cnairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen I

Town Office 13-15 Newmarket Road '

Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 l Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board panel 20 Franklin Street U.S. Nuclear Regulatory Exeter, NJ 03833 Commission Washington, DC 20555

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1 Dr. Emmeth A. Luebke Charles P. Graham, Esq.

5500 Friendship Boulevard McKay, Murphy & Graham Apartment 1923 Chevy Chase, MD Old Post Office Square 100 Main Street Amesbury, MA 01913 Judith H. Mizner, Esq.

Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 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 r /?

.bchz (dtm Stephen H. Oleskey Deputy Attorney General Chief, Public Protection Bureau Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-7591 Dated: November 12, 1987

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