ML20247B001

Applicant Objection in Nature of Motion in Limine to Prefiled Testimony of Town of West Newbury.* Document Should Be Excluded as Testimony Since Document Merely Lawyer Brief

ML20247B001
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 8903290251
Download: ML20247B001 (2)

Text

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' March 21, 1989 '

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~. GOCn:io., l, ;j NUCLEAR REGULATORY COMMISSION ' '

I' before the ATOMIC SAFETY AND LICENSING BOARD i

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In the Matter of l

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

50-444-OL )

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

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APPLICANTS' OBJECTION IN THE NATURE l OF A MOTION IE LIMINE TO THE PREFILED TESTIMONY OF TOWN OF WEST NEWBURY Applicants object to and move this Board in the nature of a Motion in Limine to exclude as evidence in this 1 l

proceeding the document styled as " Town of West Newbury's l l

Direct Testimony."1 This document should be excluded as testimony since it clearly is not testimony. Rather, it is I

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1 In addition, Applicants object to pages 10-11 of the

" testimony," the paragraph beginning with the words "In addition, there is an increase . . . ," on the grounds tnat the issue of disabled cars was expressly excluded from litigation by the Board. See Memorandum and Order - Part II .

(Rulina on Contentions on the Seabrook Plan for Massachusetts )

Communities) at 32 (July 29, 1988). l fpk K h3' G l

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l merely a lawyer's brief, written and signed by counsel, describing in general what West Newbury's witnesses purpor-tedly "will" testify about. West Newbury has defaulted on its obligation, pursuant to the Board's scheduling order, to file the actual testimony of its witnesses by February 21, 1989, and the lawyer's brief offered in lieu of testimony should not be admitted by the Board.

Respectfully submitted,

• /

'l fi Thomas G.

yr/5 Dignan, Jr.

1 George H. Lewald Kathryn A. Selleck Jeffrey P. Trout Jay Bradford Smith Geoffrey C. Cook Ripes & Gray One International Place Boston, MA 02110 W (617) 951-7000 4

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