ML20247B254
| ML20247B254 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/19/1989 |
| From: | Cook G PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#289-8637 OL, NUDOCS 8905240066 | |
| Download: ML20247B254 (7) | |
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6 COLKETED U5NRC May 19, 1989
'89 tiAY 22 P4 :51 l
UNITED STATES OF AMERICA 1
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NUCLEAR REGULATORY COMMISSION I!UCM l4-F F :. t,;,,
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-before the ATO'MIC SAFETY AND LICENSING BOARD
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In the Matter of.
)
)
PUBLIC SERVICE COMPANY OF
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Docket Nos. 50 443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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(Seabrook Station, Units 1 and 2)
)
(Off-site Emergency
)
Planning Issues)-
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APPLICANTS' OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO A PORTION OF THE PREFILED TESTIMONY OF ARTHUR IDNERGAN Applicants move this Board in the nature of a motion in limine to exclude as evidence in this proceeding a portion of the " Commonwealth of Massachusetts Testimony of Arthur Lonergan on Statements Obtained from Sister Paula Bradley, Sister Doris Brouillette and Dr. Kenneth Peelle of St.
Joseph's Hospital on the FEMA Graded Exercise" [hereinafte'r
" Testimony").
In support of their motion, Applicants say that the section of the Testimony entitled " Statement of Dr.
Kenneth Peelle" should be excluded because it is not material or relevant to Exercise Contention MAG EX-14, the only issue L ;.
for which Interveners offer it.
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i ARGUMENT The Testimony includes a section in which the witness testifies to the results of a conversation with Dr. Kenneth l
Peelle.
The section briefly mentions that Dr. Peelle l
participated in New Hampshire Yankee's training and the FEMA Exercice and that he is one of three staff radiologists at St. Joseph's Hospital.
With the exception of the very last sentence, however, in which Dr. Peelle is said to have stated l
that the biological effects of radiation were not a " major" part of Applicants' training program, the entire section does not even refer to training on the medical consequences of exposure to radiation or on the importance of radiological monitoring.
The Exercise and the hospital's actions during its course are not discussed at all.
Instead, the statements attributed to Dr. Peelle concern St. Joseph's overall role under the SPMC and the hospital's resources for treating contaminated injured persons.
The section of the Testimony purportedly containing statements made by Dr. Peelle should be excluded as irrelevant.
The Testimony is offered to support Exercise l
Contention MAG EX-14 (C).
But it calls into question neither the adequacy of the hospital's performance during the Exercise nor the efficacy of Applicants' follow-up training, which are the only issues raised in MAG EX-14.
Rather, Mass AG seems to be arguing that St. Joseph's has too few __
l decontamination personnel and resources, which is not an issue within the scope of the contention.1 Because the testimony is irrelevant to the issues contained in MAG EX-14 (C), it should be excluded.
1 The issue of the adequacy of St. Joseph's resources.is raised in JI 46 Basis H.
Thus, Mass AG might now claim --
contrary to the statements in his trial brief and the Testimony itself that it was intended to address Exercise Contention MAG EX-14 -- that the testimony concerning Dr.
Peelle really was intended to address JI 46.
The answer to such a claim,'however, is that the testimony should then be rejected as untimely filed.
The Board set February 21 as the 1.
deadlir.e for Mass AG's testimony concerning " pure SPMC" contentions.
Memorandum and Order (Settina Hearina Schedule) at 2 (January 24, 1989).
Mass AG stipulated that'JI 46 was a
" pure SPMC" contention falling within the Febraary 21 deadline.
Joint Stipulation Regarding Status of Admitted Contentions, at 10 (February 7, 1989).
Mass AG has not sought leave of the Board to file this testimony late.
Nor has he shown (or could he show) that the testimony concerning Dr. Peelle could not have been obtained prior to February 21.
Finally, by holding back this testimony until April 10, Mass AG deprived Applicants of the opportunity to address it in their February 28 testimony on JI 46. J l
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4 CONCLUSION For the reasons. stated above, the~ testimony should be excluded.
Respectfully submitted, 0
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L Thomas St Dig an, Jr..
GeorgeTI. L6wald Kathryn'A. Selleck Jeffrey P. Trout Jay Bradford Smith Geoffrey C.
Cook William L.
Parker Ropes & Gray
-1 International Place Boston, MA 02110 (617) 951-7000 I
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!:LKliiE um' CERTIFICATE OF SERVICE
~29 MY 22 P4 :51 1
I, Geoffrey C.
Cook, one of the attorneys for,the Applicants herein, hereby certify that on May 19,fQRBC,JIL j
made service of the within document by mailing copiesitz M.-
thereof, postage prepaid, to:
Administrative Judge Ivan W.
- Smith, John P. Arnold, Esquire Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Administrative Judge Richard F.
Mr. Richard R.
Donovan Cole Federal Emergency Management Atomic Safety and Licensing Agency Board Federal Regional Center U.S. Nuclear Regulatory 130 228th Street, S.W.
Commission Bothell, Washington 98021-9796
-Washington, DC 20555 Administrative Judge Kenneth A.
Judith H. Mizner, Esquire McCollom 79 State Street, 2nd Floor 1107 West Knapp Street Newburyport, MA 01950 Stillwater, OK 74075 Diane Curran, Esquire Robert R.
Pierce, Esquire Andrea C.
Ferster, Esquire Atomic Safety and Licensing Harmon, Curran & Tousley Board Suite 430 U.S.
Nuclear Regulatory 2001 S Street, N.W.
Commission Washington, DC 20009 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 Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105
.c Philip Ahrens, Esquire Mr. J.
P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney; 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire John Traficonte, Esquire Shaines & McEachern Assistant Attorney General 25 Maplewood Avenue Department of the Attorney P.O.
Box 360 General Portsmouth, NH 03801 One Ashburton' Place, 19th F1r.
Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon 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 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)
Boston, MA 02110 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen 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 o
Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmec G Ells Hampe and McNicholas 47 Winnacunr.et Road 35 Pleasant Street Hampton, NH 03842 Concord, NH 03301 - _ _ _ - - _ _ - - _ _ _ - _ _ _ _ _ _ -
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.i Ashod N. Amirian, Esquire j
145 South Main Street i
P.O.
Box 38 i
l Bradford, MA 01835 1
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