ML20247B013
| ML20247B013 | |
| 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 8903290254 | |
| Download: ML20247B013 (9) | |
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' March 21, 1989 a
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION, j
before the ATOMIC SAFETY AND LICENSING BOARD
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l In the Matter of
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1 PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL l
NEW HAMPSHIRE, et al.
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50-444-OL I
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Off-site Emergency (Seabrook Station, Units 1 and 2)
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Planning Issues j
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1 APPLICANTS' OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO THE PREFILED TESTIMONY OF TOWN OF NEWBURY 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 prefiled " Town of j
Newbury's Direct Testimony."
In support of their motion, j
l Applicants say that the sections of testimony in question are not material or relevant to any issue presently before this Board, or concern contentions which Town of Newbury (" TON")
is now estopped from litigating.1 l
1 In addition, Applicants move to exclude the photographs attached to the testimony.
These photographs are l
not self-authenticating, and there is no indication that 1
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8903290254 890321 PDR ADDCK 05000443 '
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ARGUMENT The following portions of TON's testimony should be l
excluded, for the reasons noted:
(1)
Testimony Concernina Driver Behavior.
The issue of driver behavior for the Seabrook Station EPZ was decided by this Board in the New Hampshire proceeding.
See Public Service ComDany of New Hampshire (Seabrook Station, Units 1 and 2), LBP-88-32, 28 NRC at 11 7.89,.7.96 (December 30, 1988).
The Board expressly rejected TON's attempt to raise that issue again in these proceedings.
Memorandum and Order - Part II (Rulina on Contentions on the Seabrook Plan for Massachusetts Communities at 32 (July 29, 1988).
Accordingly, those portions of TON's testimony that attempt to rehash that issue should be excluded.
They are:
(a)
Page 2, the sentence beginning " Vehicle occupants will abandon.
(b)
Page 5, the last sentence on the pace, which begins "In addition, the panel has taken.
(c)
Page 6e from "Even assuming that the drivers to the end of the page; (d)
Page 7, the sentence concerning " normal travel lanes";
TON's witnesses would be able to provide the necessary foundation for their admissien. - _ _ - _ - _ -..
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(e)
Page[12,1 Paragraph.F (Scotland Road);
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( f) '.Page 14',
from "Hanover Street, Rolfe's' Lane and 1
Plum = Island...
" to theend.~ofLParagraph?A';
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-(g)
Page 15, theLthree: sentences in Paragraph C which j
L begin:at "A two-land bridge" and.contain the
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panel's' opinion.asLto " driver behavior";
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~ (h).
Pages~15-16,-all of Paragraph D.
(2): Testimony Concernina Uniforms.
As this Board'has'noted, 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 Order (Followina Prehearina Conference) at 6' (August' 19, 1988).- Nevertheless, TON's witnesses repeatedly attempt to draw that distinction in their testimony.
All of those attempts shall be rebuffed, and the testimony i
n containing them excluded.
Specifically, tha'following passages are objectionable:
(a)
Page 5,.the sentence beginning "That' plans ~ call for one private citizen.
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(b)
Page 7, the first two sentences of Paragraph 7.;
(c)
Pages 7-8, the fifth and sixth sentences of l
Paragraph A; I
(d)
Page 8, the second and sixth sentences of Paragraph B;
i (e)
Pages 8-9, the first, second, and ninth through eleventh sentences of Paragraph C; (f)
Page 10, the third sentence of Paragraph D; (g)
Pages 11-12, all of Paragraphs A-G; (h)
Pages 12-13, all except the last sentence of 1
Paragraph H;
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(i)
Page 13, all of Paragraphs I-M.
(3)
Testimony Concernina JI 55.
TON stated that it did not intend to litigate JI J
Contention 55.
See " Town of Newbury's Responses to Applicants' Interrogatories and Request for Production of j
Documents to all Interveners and Participating Local
{
Governments Concerning Joint Intervenor Contentions 6 and 27-
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63" at 6 (December 13, 1988) (hereinafter " TON Responses").
On the strength of that statement, TON declined to answer Applicants' interrogatories concerning JI 55.
Having declined to respond to discovery requests concerning the contention, TON should be estopped from now litigating it, and its testimony at pages 2 and 17-18 should be excluded.
Moreover, this testimony is objectionable for an additional reason.
Even if TON were litigating JI 55, the testimony offered does not fall within the scope of that contention.
Rather, TON seeks to litigate yet again under JI 55 the issues of disabled cars and driver behavior -
e objected to above.
On that grounds, too, the testimony should be excluded.
(4)
Testimony Concernina JI 62.
Likewise, TON stated that it would not litigate JI Contention 62, and failed to answer all but one of Appli-cants' interrogatories going to that contention.
TON Responses at 8.
Also, in its purported JI 62 testimony, TON attempts to raise yet again the uniformed /non-uniformed distinction objected to above.
For both these reasons, TON's JI 62 testimony at pages 2 and 18-19 should be excluded.
CONCLUSION For the reasons stated above, the above-noted portions of TON's testimony should be excluded.
Respectfully submitted, fg ; %d
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' Thomas G.
Dignani, Jr.
George H.
Lewald Kathryn A.
Selleck Jeffrey P.
Trout Jay Bradford Smith Geoffrey C.
Cook Ropes & Gray One International Place Boston, MA 02110 (617) 951-7000 __-
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coc w cc tNIRC-CERTIFICATE OF-SERVICE
'89 liar 27. P4 :07 I, Jeffrey P. Trout, one of the attorneys for the Applicants herein, hereby certify that on March 21, 1989, I madeserviceof.thedocumentslisted.belowbymailing[ copies ~.j
, jeg thereof, postage prepaid, to:
M AND 1.
. Applicants' objection In The Nature.Of A Motion ID.
Limine To A Portion Of The Prefiled Testimony Of
' Thomas J.
Adler; 2.
Applicants' Objection In The Nature Of A Motion ID l
Limine To Portions Of The Prefiled Testimony Of l
Frank Beevers; 3.
Applicants' Objection In The Nature Of A Motion 11D-Lipine To Portions Of The Prefiled Testimony Of Michael A.
Cronin; 4.
Applicants' Objection In The Nature Of A Motion ID Limine To Portions Of The Prefiled Testimony Of Francis E..O'Connor; 5.
Applicants' Objection In The Nature Of A Motion In-Limine To Portions Of The Prefiled Testimony Of E.
James Gaines;-
6.
Applicants'. Objection In The Nature of A Motion ID Limine To The Prefiled Testimony Of Town of West Newbury; and 7.
Applicants' Objection In The Nature Of A Motion In Limine To The Prefiled Testimony.Of Town of Newbury Administrative Judge Ivan W. Smith, Administrative Judge Peter B.
Chairman Bloch, Chairman Atomic Safety and Licensing Atomic Safety and Licensing.
Board Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory l
Commission Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Richard F.
Dr. Jerry Harbour Cole Atomic Safety and Licensing Atomic Safety and Licensing Board l
Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 I
.__. j
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.b Administrative Judge Kenneth A.
Administrative Judge Emmeth A.
McCollom Luebke-1107 West Knapp Street Atomic Safety and' Licensing.
Stillwater, OK.74075 Board Apartment 1923N 5500 Friendship Boulevard Chevy Chase, MD 20815 James H.
Carpenter, Alternate Robert R.- Pierce, Esquire Technical Member.
Atomic Safety and Licensing.
Atomic Safety and Licensing
_ Board Board U.S.
Nuclear Regulatory U.S.
Nuclear' Regulatory Commission Ccmmission Washington, DC 20555 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 Ccmmission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 1
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' Philip Ahrens, Esquire' Mr. J.
P. Nadeau
.AssistantLAttorney-General Selectmen's Office Department of the Attorney.
110 Central Road General-Rye, NH. 03870 Augusta, ME '04333 Paul McEachern, Esquire John Traficonte,. Esquire:
Shaines & McEachern' AssistantfAttorney General
-j 25 Maplewood Avenue-Department.of the, Attorney.
P.O.r. Box.360 General Portsmouth, NH
- 03801, One'Ashburton. Place, 19th Fir.
Boston, MA 02108 i
- Mrs.. Sandra Gavutis-Mr. Calvin A.
Canney.
l
~ Chairman,. Board of Selectmen City Manager RFD 1L-Box 1154' City Hall-Kensington,1NH 03827 126 Daniel Street
-l Portsmouth, NH 03801 l
i Senator Gor' don 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 l
Senator Gordon J..Humphrey.
Leonard Kopelman,. Esquire One Eagle Square, Suite'507 Kopelman & Paige,,P.C.-
. Concord, NH 03301
- 77. Franklin Street (Attn:
Herb Boynton)
Bcston, MA 02110 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen-F 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 Federal Emergency Management 33 Low Street
' Agency Newburyport,.MA '01950 500 C-Street, S.W.
Washington, DC 20472 Gary.W. Holmes, Esquire Richard A. Hampe, Esquire I
Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03842 Concord, NH 03301 L
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Mr. Richard R. Donovan Judith H. Mizner,. Esquire Federal Emergency Management' 79 State Street, 2nd Floor Agency Newburyport, MA 01950
' Federal Regional Center-130 228th) Street, S.W.
Bothell, Washington' 98021-9796 l
-Ashod N. Amirian, Esquire Robert Carrigg, Chairman' 145 South Main' Street-Board of Selectmen l
P.O.
Box 38 Town Office, Atlantic Avenue Bradford,'MA 01835 North Hampton, NH 03862 John P. Arnold, Esquire DianeLCurran, Esquire Attorney General Andrea-C..Ferster, Esquire George Dana Bisbee, Esquire Harmon, Curran &-Tousley
' Assistant Attorney General Suite-430 Office of the Attorney' General 2001 S Street, N.W.
25 Capitol Street Washington, DC-20009 Concord, NH 03301-6397 i
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