ML20244D476
| ML20244D476 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/08/1989 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#289-8749 OL, NUDOCS 8906190080 | |
| Download: ML20244D476 (6) | |
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'89 - JUN 12 PS :14 June 8, 1989
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UNITED STATE _Sl4OF' AMERICA-
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- DMn-l NUCLEAR REGULATORY COMMISSION i
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'before the j
j ATOMIC SAFETY AND LICENSING BOARD
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,In the Matter of
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l PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL
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NEW HAMPSHIRE, et al.
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50-444-OL
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(Seabrook Station, Units 1 and 2)
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(Off-site Emergency
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Planning Issues)
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APPLICANTS' ALTERNATIVE OBJECTION IN THE FORM OF A MOTION IN LIMINE TO PORTIONS OF THE TESTIMONY OF SANDRA FOWLER MITCHELL
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In the alternative, should the Board deny Applicants' i
Motion in the Nature of a Motion for Directed Verdict on I
Contention TOH/NECNP EX-2, Applicants make this objection in the form of a motion in limine to two portions of the
" Testimony of Sandra Fowler Mitchell on Behalf of Attorney General James M. Shannon, Town of Hampton and New England Coalition on Nuclear Pollution Regarding TOH/NECNP EX.2"
.(" Testimony").
The first portion of the Testimony to which Applicants l
object is the carryover sentence on pages 4 and 5:
"For example, the State provided conflicting messages to local EOCs as to e
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PDR ADOCK 03000443 T
PDR ySO 3
e whether or not parents should pick up their children from schools."
.The contention and its bases fail to make any mention of this allegation, Further, Ms. Mitchell's observer notes produced in informal discovery do'not appear to reveal any such' charge.
As the issue of the state providing conflicting messages to local EOCs was not ever raised by interveners in the r2dmitted contentions, that portion of the Testimony should be excluded as irrelevant.
The.second portion of the Testimony to which Applicants object consists of the following opinions and judgments:
1.
page 4, lines 6-9 from the top:
"In general, it appeared.that, within the.IFO, the process of coordinating and exchanging information, including PAR information concerning schools, was often confused and disorganized."
2.
page 4, lines 2-4 from the bottom:
"With regard to the New Hampshire 4
EPZ school populations, I observed confusion among IFO Officials.
involving protective action recommendations (PARS) for students."
3.
page 5, the last paragraph:
"At the conclusion of Day 1 of the Exercise, therefore state officials were confused over the appropriate PAR for students still sheltering at schools in a number of New Hampshire EPZ towns, were uncertain as to what PAR had been directed, and.were not even sure of how many children remained in the schools.
In my opinion,,therefore, the Exercise revealed a fundamental problem in the process by which PARS are formulated, transmitted, and _ _ _ _ - - _ - _ _ _ _ _ _ _ _
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.a implemented for New Hampshire students."
.The' Testimony shows nothing by way of knowledge, skill, experience, training, or education, which could-qualify this witness to' judge the' quality of the local liaisons' procedures or performance.or the appropriateness of PARS'for.
schoolchildren.
The Testimony should be restricted to those things actually observed, not the witness's opinion that anything was " confused" or " disorganized,"'as those terms include qual.itative judgments of what should have occurred.
By their attorneys, Y
Thomas'G. Dignan, Jr.
George.H. Lewald Kathryn-A. Selleck Jeffrey.P. Trout Jay Bradford Smith Geoffrey~C. Cook William Parker Ropes &. Gray One International Place Boston, MA' 02110-2624 (617) 951-7000 J
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Uk gg am 12 P5 34 CERTIFICATE OF SERVICE I,
Kathryn A.
Selleck, one of the attorneys fo.r the 7
Applicants herein, hereby certify that on June kdC19 89 e' I? ' I made service of the within document by mailing copies Mh" thereof, postage prepaid, to:
Administrative Judge Ivan W.
- Smith, John P. Arnold, Esquire Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Assistant Attorney _ General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Administrative Judge Richard F.
Mr. Richard R.
Donovan Cole Federal Emergency Management Atomic Safety and Licensing Agency Board Federal Regional Center U.S. Nuclear Regulatory 130 228th Street, S.W.
Commission Bothell,- Washington 98021-9796 Washington, DC 20555 Administrative Judge Kenneth A.
Judith H. Mizner, Esquire McCollom 79 State Street, 2nd Floor 1107 West Knapp Street Newburyport, MA 01950 Stillwater, OK 74075 Diane Curran, Esquire Robert R.
Pierce, Esquire Andrea C.
Ferster, Esquire Atomic Safety and Licensing Harmon, Curran & Tousley Board Suite 430 U.S. Nuclear Regulatory 2001 S Street, N.W.
Commission Washington, DC 20009 Washington, DC 20555 Adjudicatory File Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of the Executive Legal Board Panel Docket (2 copies)
Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105
' Philip Ahrens, Esquire Mr. J.
P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road-General Rye, NH 03870 Augusta, ME- 04333 Paul McEachern, Esquire John Traficonte, _ Esquire I
Shaines & McEachern Assistant Attorney General 25 Maplewood' Avenue Department of the Attorney j
P.O.
Box-360-General Portsmouth, NH_ 03801 One Ashburton Place, 19th Flr.
Boston, MA 02108 3
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Mrs. Sandra Gavutis Mr.: Calvin A.
Canney Chairman, Board of Selectmen City Manager 1
RFD 1 - Box 1154 City Hall Kensington,'NH 03827 126 Daniel Street Portsmouth,1NH- 03801 Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis,' Hill-Whilton &
Washington, DC 20510 Rotondi (Attn:
Tom Burack) 79 State' Street Newburyport, MA '.01950 Senator Gordon J. Humphrey Leonard Kopelman, Esquire One Eagle Square, Suite 507 Kopelman & Paige, P.C.
Concord, NH 03301 77 Franklin Street 1
(Attn:
Herb Boynton)
Boston, MA 02110 Mr. Thomas F. Powers, III Mr. William S.
Lord
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Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA ~01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Charles P.
Graham, Esquire office of General Counsel Murphy and Graham l
Federal Emergency Management 33 Low Street
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Agency Newburyport, MA 01950 500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire-Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street i
Hampton, NH 03842 Concord, NH 03301
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Ashod N. Amirian, Esquire 145 South Main Street P.O.
Box 38 Bradford, MA 01835 I.
Ka'thryn A. selleck
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