ML20237G986

Atty General Jm Shannon Notice of Intention to Participate on One Addl Contention.* Jm Shannon to Participate as State Representative,Per 10CFR2.75(c),on Seacoast Anti-Pollution League Contention 37.Related Info Encl.W/Certificate of Svc

ML20237G986
Person / Time
Site:	Seabrook
Issue date:	08/20/1987
From:	Fierce A MASSACHUSETTS, COMMONWEALTH OF
To:	Harbour J, Hoyt H, Linenberger G Atomic Safety and Licensing Board Panel
Shared Package
ML20237G923	List: ML20237G921 ML20237G966 ML20237G986
References
OL, NUDOCS 8709030059
Download: ML20237G986 (11)

Text

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• UNITED STATES OF AMERICA 10 bS 24 R2:22 NUCLEAR REGULATORY COMMISSION ,;; .

DULM Before Administrative Judges: "

Helen F. Hoyt, Chairperson Gustave A. Linenberger, Jr.

Dr. Jerry Harbour

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In the Matter of )

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PUBLIC SERVICE COMPANY OF NEW ) Docket Nos.

HAMPSHIRE, ET AL.

(Seabrook Station, Units 1 and 2)

) 50-443-444-OL

) (Off-site EP)

) August 20, 1987

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ATTORNEY GENERAL JAMES M. SRANNON'S NOTICE OF INTENTION TO PARTICIPAT LON ONE ADDITIONAL CONTENTION Attorney General James M. Shannon hereby notifies the Licensing Board and the parties to this proceeding of his 1

intention to participate as representative of an interested state pursuant to 10 C.F.R. S 2.75(c) on the following contention in addition to those listed in his previcus Notice of Intention to Participate, filed March 2, 1987: SAPL Contention No. 37. i This conte'nrion has been categorized by FEMA, in its statement of the current FEMA positions, as being among the Evacuation Time Estimate contentions. Because the Attorney General repeatedly, in numerous ways, has made clear his ,

8709030059 870820 PDR ADOCK 05000443 .

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intention to litigate the Evacuation Time Estimate Study in full, no cther party should be prejudiced by the filing of this tiotification at this time.

Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL By: . W Allan R. Fie r ce' l Carol S. Sneider i Assistant Attorneys General I Nuclear Safety Unit Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108-1698 Dated: August 20, 1987 l

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b- THE COMMONWEALTH OF MASSACHUSETTS Q 3 DEPARTMENT OF THE ATTORNEY GENERAL j nor 4 t.

6 JOHN W. McCoRMACK STATE OFFICE BUILDING ' ' l'? ' 7<

oNE ASHBURToN PLACE, BOSTON 02108-1698 i JAMES M. SHANNoN ATTORNEY GENERAL

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, August 20, 1987' BY HAND l

Kathryn A. Selleck, Esq.

Ropes & Gray  ;-

225 Franklin Street Boston, MA 02110 . D Re: Public Service Company of New Hampsnire, et al.

(Seabrook Stations, Units 1 and 2) i

Dear Kate:

i I would like to follow up on our recent conversations during which we have discussed whether we can resolve _our disagreement over Applicants' interrogatories and request to produce documents directed to the Attorney General, dated fiay 20, 1987. As you know, these interrogatories all inquire about data sources and documentation supporting-statements made by Dr. Albert E. Luloff in an affidavit filed simultaneously in April 1987 by the Attorney General, SAPL, and the Town of Hampton with their respective responses to Applicants' motions for summary disposition of SAPL Contention No. 34 and Town of l Hampton Revised Contention No. IV. Acting jointly, tuesk interveners have objected to answering tnese interrogatories and producing the documents requested. Subsequently, the Applicants moved to compel.

The primary reasons for our objections were that Dr. Luloff is an expert who had been retained by the Attorney General and that tne Attorney General, SAPL, an:3 the Town of Hampton simply did not have inftheir possession the information or documents being sought about this expert's data sources.

It remains our position that we cannot be forced to provide  !

you with information and documents whien are not in our.

Discovery from experts cannot be had in this way-

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l and is controlled by the provisions of Rule 26(o)(4) of the Federal Rules of Civil Procedure.

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Kathryn A. Selleck, Esq.

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August 20, 1987 Page Two ]

4 Nevertheless, in a-sincere effort to resolve this dispute, j the Attorney General is willing to do the following, without i waiving any of its objections to interrogatories or its motion 8 for a protective order. I am forwarding to you with this letter a list, which I have received from Dr. Luloff, of data sources utilized by Dr. Luloff in preparing the affidavit in question. I want to emphasize that beyond the information contained in this list, neither the Attorney General nor, to my knowledge, SAPL and the Town of Hampton, have the information to answer the disputed interrogatories. Nor do we have the documents sought.

Me believe that with this information, plus the lengthy affidavit from Dr. Luloff you already have in your possession, you now have the essential information you would have obtained j had the Applicants asked us the kinds of interrogatory questions which are permitted by Rule 26(b)(4)(A), that is, you now have the identity of this expert, the subject matter on which he might testify with respect to these contentions, the j substance of the facts and opinions which he may present, and a l sunnary of the grounds for each opinion. You certainly have at least as much information about this expert as the Applicants l have given us about the Applicants' experts. See Applicants' i Supplemental Responses to First Set of Intervenor Inter- l rogatories, dated June 4, 1987, which for each of the I Applicants' experts refers the Interveners to the information i contained in Applicants' motions for summary disposition (presumably their affidavits).

l I hope that our voluntary. effort here satisfies your essential needs regarding Dr. Luloff.

One additional m4tter we have been discussing concerns whether Applicants, Interveners, and the NRC Staff can reach eagreement on a suggested " batting order" for the contentions (or related groups of contentions) at the upcoming hearings. I have spoken to Sherwin Turk about this, and he has indicated a willingness to attempt to coordinate this effort to see whether L_-__-______. _ _ - _ - _ _

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Kathryn A. Selleck, Ep.T.

August 20, 1987 Page Three

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l' t a' consensus can be reached and then presented to the Board for its approval. Have the Applicants had any further thoughts on

' l this? i Very truly yours, M

Allan R. Fierce

, Assistant Attorney General l

Nuclear Safety Unit l l J

ARF /BT 1

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1 DATA SOURCES USED IN AFFIDAVIT OF DR. ALBERT E. LULOFF I

f Accommodations Concord Office of Vacation and Travel New Hampshire Hospitality Portsmouth Chamber of Commerce H,ampton Chamber of Commerce Building Permits i

l Office of State Planning, NH Campgrounds Department of Resources and Economic Development, Parks and Recreation Division, NH l Hampton Chamber of Commerce l

Condominiums New Hampshire Attorney General's Office Day Care Facilities Department of Welfare, NH Department of Health and Human Services, NH Education State Department of Education, NH Employment and Manufacturing Department of Employment Security, NH Health Facilities Department of Health and Human Services, NH Department of Welfare, NH

Population Estimates Office of State Planning, NH United States Government, Census Traffic Department of Transportation, Transportation Planning 4 and Systems Management, NH Key Documents:

i Public Service of New Hampshire, Electric Load Forecast Through  ;

the Year 2005, 1986 Edition, prepared by Energy 1 Management Department, May 1, 1986 New Hampshire Agricultural Experiment Station Research Reports, College of Agriculture and Life Sciences, University of New Hampshire, Durham, New Hampshire.

1. 93 Industry in- New Hampshire: Changes in the Manufacturing Sector by Chittenden, Luloff, and Marcucci; October, 1982.

1. 107 Population Growth and Change in New Hampshire by Luloff, Howe, and Hutchins; August, 1985.

1. 112 Land Use Change: Rockingham County, New Hampshire,  ;

1953-1982 by 'Befort, Luloff, and Morrone; January, 1987.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

~7 AlG 21 R2:22

) c m ;;

In the Matter of ) " ' .'

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PUBLIC SERVICE COMPANY OF41EW ]

) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

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l CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on August 20, 1987 I made service of the within documents, by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, to:

• Helen F. Hoyt, Chairperson *3ustave 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 Third Floor Mailroom 1 l Third Floor Mailroom Bethesda, MD 20814 I Bethesda, MD 20814 1

• Dr. Jerry Harbour *Sherwin E. Turk, Esq.

Atomic Safety 6 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 Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814

• 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 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301 1

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• Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road - i Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon l 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 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 PFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street  ;

E. Kingston, NH 03827 Portsmouth, NH 03801 Senat or Gordon J. Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen j 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 Anesbury, MA 01913

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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 Augusta, ME 04333

• T homas G . Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 t - 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 l: 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. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road i

Atlantic Avenue Durham, NH 03824 Jorth Hampton, NH 03862 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 Commission Exeter, NH 03833 Washington, DC 20555 Dr. Emmeth Af. Luebke Charles P. Graham, Esq.

Atomic Safety & Licensing Board McKay, Murphy & Graham U.S. Nuclear Regulatory Old Post Office Square Commission 100 Main Street

.' East West Towers Building Amesbury, MA 01913 4350 East West Highway Third Floor Mailroom Bethesda, MD 20814 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 ,

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L' Carol S. Sneider Assistant Attorney Gene al Nuclear Safety Unit Department of the Attorney General One Ashburton Place Bost'on, MA 02108-1698 (617) 727-2265 Dated: August 20, 1987 l

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