ML20244D390

Applicant Objection in Nature of Motion in Limine to Portion of Prefiled Testimony of Tm Carter.* Testimony Deemed Irrelevant & Should Be Excluded

ML20244D390
Person / Time
Site:	Seabrook
Issue date:	06/05/1989
From:	James Smith PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20244D394	List: ML20244D390 ML20244D430 ML20244D442 ML20244D456 ML20244D462
References
CON-#289-8752 OL, NUDOCS 8906190034
Download: ML20244D390 (3)

Text

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June 5, 1989

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UNITED STATES OF AMERICA g.g .

NUCLEAR REGULATORY COMMISSION pb.g. I before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL

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(Seabrook Station, Units 1 and 2) ) (Off-site Emergency

) Planning Issues)

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APPLICANTS' OBJECTION IN THE NATURE OF A MOTION JJ LIMINE TO A PORTION OF THE PREFILED TESTINONY OF T, MICHAEL CARTER Applicants move this Board in the nature of a motion ID limine to exclude as evidence in this proceeding portions of the " Testimony of T. Michael Carter on Behalf of James M.

Shannon, Attorney General for the Commonwealth of Massachusetts Concerning Contentions JI 13B; JI 27G; JI 36; MAG EX-9" [ hereinafter " Testimony"). In support of their motion, Applicants say that the portions of the Testimony in question are not material or relevant to the issues before this Board.

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e ARGUMENT Two portions of the Testimony are not material or relevant to any issue presently before this Board. First, the two complete paragraphs on page 19 of the Testimony r.ssert that messages need to be repeated frequently through a number of channels. This testimony _is outeide the scope of any admitted contention or basis. Nor does this portion of the Testimony address the issues raised in JI Contention 35.1 Furthermore, Mass AG did not raise this issue in any of his

- responses to discovery. It should be excluded.

Second, the section of_the Testimony, entitled "The Adequacy of the Procedures in the SPMC and the Procedures Actually Utilized During the June, 1988. Exercise for the Handling of the News Media," beginning on page 39 and ending on page 41, proclaims the need for the development of comprehensive plans for hkndling disruptive news media personnel. This testimony appears to be aimed at addressing the assertions set forth in JI Contention 36 Basis A. That basis asserts:

No provision has been made in the SPMC for the news media at the Emergency opertions Facility (" EOF").

The Media Center is located in the Town Hall, Newington, New Hampshire (Plan 3.7-6) which is three to four miles from the EOF and the EOC (Plan 5.1-2). However, the Public Information Advisor j who is responsible for issuing news releases and j directing public information activities is located 1 at the EOC and not the Media Center. No adequate l 1

The Testimony, through its title, purports to only  ;

address JI 13B, JI 27G, JI 36 and MAG EX-9. The exclusion of JI 35 in the title was presumably an oversight. ,

procedures for coordinating the activities of the public information staff at the EOC and the personnel at the Media Center are provided.

Adequate procedures also do not exist for the coordination of the activities of Media relations representatives who will be communicating directly with the press by telephone.

This basis deals with procedures for coordinating the activities of the ORO in presenting public information to the media, not with the disruptive effects of the media the witness alleges will occur at the Media Center.2 Mass AG did not indicate otherwise in his responses to discovery.

Consequently, the Testimony is irre',evant and should be excluded.

CONCLUSION For the reasons stated above, the above-noted portions of the Testimony should be excluded. i Respectfully submitted, x n /a t.u Thomah G. Digdan, Jr.

George H. Lewald Kathryn A. Selleck Jeffrey P. Trout Jay Bradford Smith Geoffrey C. Cook l William L. Parker J Ropes & Gray '

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' One International Place Boston, MA 02110-2624 (617) 951-7000 l

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Indeed, the Testimony seems to criticize the idea of allowing media personnel at the EOF, the very change in the SPMC which Basis A seems to demand be made.

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