ML20247A962

Applicant Objection in Nature of Motion in Limine to Portions of Prefiled Testimony of FE O'Connor.* Noted Portions of Testimony Not Matl or Relevant to Any Issue Before Board & Should Be Excluded

ML20247A962
Person / Time
Site:	Seabrook
Issue date:	03/21/1989
From:	Trout J PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20247A872	List: ML20247A867 ML20247A890 ML20247A912 ML20247A936 ML20247A962 ML20247A979 ML20247B001 ML20247B013
References
OL, NUDOCS 8903290241
Download: ML20247A962 (5)

Text

j 7 ,

.e

,,ift, t,

.l iI 10, s '

j'

(. jil q ; %jy. 'I '

g

'^

.f],[',,y +

,l W "

s

-00bkiiE0 a @o '

s i

March 21 , 19dN e1, ~B9 tMR 27DrM :C7.

,  ?

UNITED STATES OF AMERICA '

0FL !.: . - ,

i '

' NUCLEAR REGULATORY COMMISSION '-

N.k, 'O

.3, before the l

,4 ATOMIC SAFETY'AND LICENSING BOARD 1 1

J 7 '

r,-

l

) ~!

In the Matter of ) {

) .)

PUBLIC SERVICE' COMPANY OF ) Docket Nos. 50-443-OL:

NEW HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency (Seabrook Station, Units 1 and 2)- ) Planning Issues ] r

)

-)- ,

. c-APPLICANTS' OBJECTION IN THE NATURE i OF A MOTION-IH MMIJfB TO PORTIONS < i OF THE PREFILED TESTIMONY OF FRANCIS E. O'CO'NNOR

~

Applicants object to and move this Board in the nature of a Motion in Limine to exclude as evidence in this-proceeding certain portions of the " Testimony of City Marshall (Chief of Police) Francis E. O'.Connor" prefiled by

.the City of Newburyport (" CON"). In support of their motion, Applicants say'that the sections of testimony in question are ..

I not material or relevant to any issue presently before this i l ,

Board. j i

,, )

j 8903290241 890321 ,

j PDR ADOCK 05000443} t

l O_ PDR i-  ?

i 4

l 1

i L  !

• l n

.r y , y Uh h,'. < '

l).W l fff[ D-7 i

, h

-(

I 3

ARGUMENT ,

(

• l The following portions of Marshall O'Connor's testimony )

t should be excluded, for'the' reasons noted: l

,i (1) Testimony Concernina Future Construction.

At two places in his tc=timony,'the witness alludes to I i several possible future construction projects in Newburyport.

These passages should be excluded,.since the. issue of future cosistruction was not raised in the Interveners' contentions.

Nor.would.the issue have been admitted even if it had been l I

raised; future construction is dealt with through future, plan -

revision, and not in speculative present litigation. See,  ;

e.a., Philadelphia _ Electric CowDany (Limerick Generating Station, Units 1 and 2), LBP-85-14, 21 NRC 1219, 1267 (1985).

Finally, CON did not disclose these possible future projects -

in its discovery responses, not even in the last-minute supplement filed concurrently with its testimony. Accord-ingly, Questions 17 (page 5) and 20 (page 6) , and the answers thereto, should be excluded.

(2) Testimony Conggrnina Driver Behavior.

Issues of driver behavior for the Seabrook Station EPZ were decided by this Board in the New Hamp6 hire proceeding.

Egg Eublic Service ComDany of New Hamoshita (Seabrook Station, Units 1 and 2), LBP-88-32, 28 NRC at 11 7.89, 7.96 (December 30, 1988). Accordingly, those portions of the

,,f! l i

'sh witness's testimony that attempt to rehash those issues should be excluded. They are:

(a) Page 10, first line (response to Question 27),

sentence beginning "Its omission croates . . . ";

(b/ Page 10, second sentence of respense to 4

Question 29, which begins "As mentioned earlier . . . "; '

(c) Page 11, third sentence of response to Question 34, j which begins "They will also have diffi-l culty . "

j (3) Testimony Concernina Broken-Down Vehicleg.

I The second sentence of the answer to Question 29 should  !

l be stricken for the additional reason that the issue of I i

stalled vehicles was expressly excluded frou litigation by I the Board in its adnitting order. Msg Memorandum and Order -

l Part II (Rulina on Contentions on_the Seabrook Plan for Massachuge_tts Communities) at 32 (July 29, 1988) (hereinafter

" Order II"). i (4) Testimony Concernina Uniforma.  !

l As this Board has not.ed, the Interveners failed to raise any issue in their original contentions as to the need for uniformed police as opposed to volunteer traffic guides.

Memorandum and_Qrder (Followina Prehearinc Conference) at 6 (August 19, 1988). At two places in his testimony., however, the witness attempts to draw this distinction. Those three

~3-

.p ,

i-

n. .s.

references . should be' excluded as irrelevant ' to the' a dmitted i

contentions:

Page-10, response to Quest'on 29, the sentence 4

(a) i l

'beginning "As mentioned _ earlier . . .

"1 (b) Page 11, response to Question 34, the sentence' )

beginning "They will also have difficulty . . . ."

(5) Testimony Concernina School Buses.

JI Contention 7' concerns bua pickup for transit dependent persons. Transportation for sp6cial populations, including schools, is addressed in JI Contentions 45 and 55.

[

Thus the witness's assertion at page.13 (Question-40

. response, second. paragraph) that "There is no provision for pick.up or circulation of buses at the Brown olementary ,

school" is irrelevant to the contention,2 and'should be

• excluded.

(

(6) Testimony Concernina Telechone ygg. l l

This Board exprepsly limited CON's challenge to  !

l

[ Applicants' communications system to "the adequacy of means j of communicating dosimetry readings." Order II at 28. Yet d I

the witness seeks to testify as to "other things" which { l f Applicants allegedly communicate by telephone. His testimony

} I l

L 1

As noted in (2) and (3) above, this sentence is objectionable for other reasons as well. i 2

It is also erroneous. Egg SPMC Appendix M at p. M- I B3. ~

t I

t' <

4 s

l'

J;, q: _ .,

-)

f:. :9 e

~~f t%

l i

l.

thus exceeds the scope of the Boardr s.1 imitation on the-  ;

contention. Questions 46-48 and the responses thereto, at pages.14-15, should accordingly be excluded..

CONCIESION For the reasons statad above, the above-noted portions of Marshall O'Connor's testimony should be excluded, f

Respectfully submitted,

,; t . , . _ _ ,

f flClb Thomas G Dignan, Jr. -

George H. Levald Kathryn A. Selleck Jeffrey P. Trout Jay Bradford Smith Geoffrey C. Cook Ropes & Gray One International Place Boston, MA 02110 (617) 951-7000 q

4 L -s-l l ,