ML20245D182
| ML20245D182 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/19/1989 |
| From: | Fierce A MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20245D183 | List: |
| References | |
| CON-#289-8807 OL, NUDOCS 8906270005 | |
| Download: ML20245D182 (3) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 JUN 21 P5 35 before the GFFrL ATOMIC SAFETY AND LICENSING BOARD hjl.j, b.
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In the Matter of
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Docket Nos. 50-443-OL
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50-444-OL PUBLIC SERVICE COMPANY OF
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NEW HAMPSHIRE, et al.
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(Off-site Emergency
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Planning Issues)
(Seabrook Station, Units 1 and 2)
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June 19, 1989 MASSACHUSETTS ATTORNEY GENERAL'S OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO PORTIONS OF THE PREFICED TESTIMONY OF THOMAS URBANIK II.
ON JOINT INTERVENOR CONTENTIONS 4 AND 7A The Massachusetts Attorney General (" Mass AG") hereby moves the Board, in.the nature of a motion ia limine, to exclude as evidence in this proceeding pertions of the " Testimony of Thomas Urbanik II on Behalf of 'che NRC Staff on Joint Intervenor Contentions 4 and 7A (SPMC)" [ hereinafter
" Testimony"].
In support of this Motion, the Mass AG states as follows:
1.
Leoal Conclusions First, the Mass AG objects to Q.7 and its answer.
The question calls for a legal conclusion, and the witness answers by attempting to provide that legal conclusion.
The question l
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9.
o also assumes a legal fact for which no foundation has been established, i.e.,
that'there is a specific regulatory standard i
or set of guidance criteric against which traffic management plans are to be evaluated.
This has not been established; By referring to the standards and criteria'for ETE studies, the j
l witness infers that all Applicants need do is complete an ETE study according to the. vague criteria set forth in Appendix'4 of NUREG-0654 and they automatically have met all standards for traffic management plans.
This is a legal inference the witness is not competent to make.
3 Second, the Mass AG objects'to Q 8 and its-answer.
This question / answer merely give the witness a further opportunity to narrowly define the legal standards applicable to traffic management planning.
Even if this is not viewed as eliciting l
legal opinion, the question / answer are improper because no 1
I foundation has been laid to establish that the Commission has ever clearly defined the " purpose" of traffic management planning and that the witness knows that purpose.
By asking what "is" the purpose rather than "in your opinion what should 1
be the purpose...," the question (and its answer) are improper.
2 Irrelevant The Mass AG objects to Q.9 and its answer on the grounds that they are irrelevant..
The guidance and criteria of NUREG-0654, Appendix 4, apply to ETE studies, not traffic l
management plans.
Only one sentence in Appendix 4 mentions traffic management plans, and it sets no' guidance or criteria.
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4 That sentence is the second to last setence in the introductory paragraph of Section III on p.
4-5.
3.
Confusina, Undefined
Conclusions:
Leadina The following questions are objectionable because they call for confusing, undefined conclusions that all or portions of the SpMC's traffic management plan are " adequate",
"sufficientt", " appropriate", or " properly designed", or that certain matters have been " appropriately considered" or
" adequately addressed."
These questions include the following 10, 12, 19, 22, 25, 26, 27, 34, 36, 41, and 57.
These questions are also leading.
These questions, and the answers to theia, should be excluded.
Also, the answer to 0.23 should be excluded as it offers a confusing, undefined conclusion.
CONCLUSION For the reasons stated above, the above-noted portions of the testimony should be excluded.
Respectfully submitted, JAMES M.
SHANNON, ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS By:
Allan R.
Fierce Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, Massachusetts 02108 (617) 727-2200 Dated:
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