ML20247A979
| ML20247A979 | |
| 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: |
| References | |
| OL, NUDOCS 8903290244 | |
| Download: ML20247A979 (2) | |
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March ~21, 1989 3
'89 MR 27 P4 :07.
j UNITED STATES OF AMERICA eyF'!Ct w c
u0 Cry ivy ;. t 4<--
NUCLEAR REGULATORY COMMISSION nr<gg "W a
before the S
O ATOMIC SAFETY AND LICENSING BOARD l
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'In the Matter of.
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l PUBLIC SERVICE COMPANY OF
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Doc):etlNos~.'50-443-OL i
NEW HAMPSHIRE, et al.
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50-444-OL
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Off-site Emergency
-(Seabrook Station, Units 1-and 2)
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Planning Issues 1
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' APPLICANTS' OBJECTION IN THE NATURE
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y OF'A MOTION IN.LIMINE TO PORTIONS j
OF THE PREFILED TESTIMONY'OF E. JAMES GAINES 1
4 Applicants object to and move this Board in the nature
'of a Motion in.Limine to exclude as evidence in this j
procciding a portion of the " Testimony of Director of j
Planning and Development E. James Gaines" prefiled by the
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I' City of Newburyport ( " CON " )..
In support of their motion, Applicants say that tha section of testimony in question is not material or relevant to any issue presently before this i
Board.
i At page 2 and 3-4 of his testimony, the witness i
discusses two construction projects which may commence in 8903290244 690321 7'
PDR ADOCK 05000443ll 0
PDR [
i.u_1.____1_________._____________._________
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Ilt Newburyport at some time in the future.
This' discussion should be excluded, sinco the issue of future construction 4
was not raised in the Interveners' contentions.
Nor would the issue have been admitted even if it had been raised; future construction is dealt with through future plan revision, and not in speculative present litigation.
- See, e.a.,
Philadelphia Electric Comoany (Limerick Generating Station, Units 1 and 2), LBP-85-14, 21 NRC 1219, 1267 (1985).
Finally, CON did not disclose these possible futdre projects in its discovery responses, not even in the last-minute supplement filed concurrently with its testimony.
Accord-ingly, the following portions of the witness's tectimony should be excluded as' irrelevant:
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(1) page 2, Question 5, the second and third paragraphs of
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the response; (2) pages 3-4, Questions 10-11 and the responses thereto.
i Respectfully subr,,4.tted, I
i
/f f
"Thom5s G.
Dignan, Jr.
l George H.
Lewald l
Kathryn A.
Selleck l
Jeffrey P. Trout Jay Bradford Smith Geoffrey C.
Cook i
Ropes & Gray One International Place Borton, MA 02110 (617) 951-7000 1
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