ML20155A854

NRC Staff Response to Motions for Protective Orders Filed by Seacost Anti-Pollution League,Towns of Haverhill,Merrimac, West Newbury & Newbury & City of Newburyport.* Motions Should Be Denied.Certificate of Svc Encl

ML20155A854
Person / Time
Site:	Seabrook
Issue date:	09/30/1988
From:	Bergquist S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#488-7212 OL-1, NUDOCS 8810060098
Download: ML20155A854 (6)

Text

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09/30/88 n o r.v r i U U " C C't p e g y y -Cb f N 0 0, f. U il t. I A C...,...,,,..

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uMC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'88 OCT -4 P5 :11 BEFORE THE AT0!gC SAFETY AND LICENS,ING BOARD n.,

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In the Matter of

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Docket flos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF

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50-444 OL-01 NEW HAMPSHIRE, g al.

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Off-site Emergency Planning and Safety Issues (SeabrookStation, Units 1and2)

NRC STAFF RESPONSE TO MOTIONS FOR PROTECTIVE ORDERS FILED BY SEACOAST ANTI-POLLUTION LEAGUE (SAPL).

THE TOWNS OF HAVERHILL, MERRIMAC, AMESBURY, WEST NEWBURY, AND NEWBURY, AhD,THE CITY OF NEWBURYPORT In response to a discovery request filed by the Applicants on Aucust 31, 19EE, 1/ numerous notions for protective e ders have now been filed by the Seacoast Anti-Pollution League (SAPL), the Towns of Haverhill, Merrirac, Amesbury, West Newbury, and Newbury, and the City of Newburype t.

The NRC Staff opposes the Intervenors' Motions and recomends that they be denied.

As a preliminary matter, the Staff notes that it does not usually involve itself in discovery disputes between other parties, in which the Staff is ret directly involved.

In this instance, however, several fectors exist which require the Staff to respond to the Intervenors' Motions.

In particular, the Staff considers that the discovery sought by 1/

"Applicants' First Set of Interrogatories and First Pequest for

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Production of Docurents to All Parties and Participating Local Governnents Regarding Contentions on the Seabrook Plan for Massachusetts Corrunities" ("Applicants' Request"), dated August 31, 19S0.

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s the Applicants is of fundamental importance to the overall conduct of this proceeding and that a failure by the Intervenors to file proper responses thereto could preclude or appreciably delay a proper resolution of this proceeding.

There is simply no merit to the Intervenors' vague, overly broad and unsupported objections and assertions of privilege.

Further, the Staff has sought and intends to seek further discovery from the Intervenors on matters sinilar to the discovery sought by the Applico,.;s in their initial discovery request; a proper ruling on the instant notions seeking protection from that discovery is important for the proper resolution of any similar motions which the Intervenors may file in response to this and any further discovery.

The Staff has received copies of two motions to compel proper discovery responses, filed by the Applicants against SAPL and three of these runicipalities on Septerber 26 and 27,1988. 2/

In addition, the Staff urderstands that the retraining three municipalities have agreed to supplement their responses to Applicants' discovery, obviating a need for rotions te compel directed against them. Rather than address in detail 2/

"Applicants' Motion to Corpel Answers to Interrogatories and Production of Docurents by Amesbury. Haverhill, and Merrimac", dated September 26, 1955; "Applicants' Motion to Compel Answers to Interrogatories and Production of Docurents by SAPL", dated Septerber 27, 1988.

' f here all of the deficiencies in the Intervenors' objections to discovery and trotions for protective order, the Staff will set forth its views on these matters in its response to Applicants' pending motions to compel.

Respectfully submitted, b

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Stephen A. Bergquist Counsel for NRC Staff Dr'ed at Rockville, Maryland t.

30th day of September, 1988 l

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c 0xr:E TED UNITED STATES OF AMERICA thNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFE,TY AND LICENSING BOA _RD *88 OCT -4 P5 :11 In the Matter of

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Docket Nos. 50(MaiOL;rn ;,Pa#

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50-444 OluNro NEW HAMPSHIRE, et al.

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

CERTIFICATE OF SERVICE r

I hereby certify that copies of "NRC STAFF RESPONSE 10 MOTIONS FOR PROTECTIVE ORDERS FILED BY SEAC0AST ANTI-POLLUTION LEAGUE (SAPL), THE TOWNS OF HAVERHILL, MERRIMAC, AMESBURY, WEST NEWBURY AND NEWBURY, AND THE CITY OF NEWBURYPORT" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 30th day ot' September 1988.

Ivan W. Smith, Chairman

• Atomic Safety and Licensing Administrative Judge Board Panel (1)*

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commissicn Washington, DC 20555 4

Washington, DC 20555 Docketing and Service Section*

i Gustave A. Linenberger, Jr.*

Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Comission Washingtnn. DC 20555 Thomas G. Dignan, Jr., Esq.

Robert K. Gad, III, Esq.

Dr. Jerry Harbour

• kopes & Gray Administrative Judge 225 Franklin Street Atomic Safety & Licensing Board Boston, MA 02110 i

U.S. Nuclear Regulatory Comission Washington, DC 20555 H. J. Flynn, Esq.

Assistant General Counsel Atomic Safety and Licensing Federal Energency Management Agency Appeal Panel (5)*

500 C Street, S.W.

U.S. Nuclear Regulatory Comission Washington, DC 2047?

Washington, DC 20555 t

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Philip Ahren, Esq.

Calvin A. Canney Assistant Attorney General City Hall Office of the Attorney General 126 Daniel Street State House Station Portsmouth, NH 03801 Augusta, ME 04333 Mr. Angie Machiros, Chairman Carol S. Sneider, Esq.

Board of Selectmen Assistant Attorney General 25 High Road Office of the Attorney General Newbury, MA 09150 One Ashburton Place, 19th Floor Boston, MA 02108 Allen Lampert Civil Defense Director George Dana Bisbee, Esq.

Town of Brentwood Assistant Attorney General 20 Franklin Office of the Attorney General Exeter, NH 03833 25 Capitol Street Concord, NH 03301 William Armstrong Civil Defense Director Ellyn R. Weiss, Esq.

Town of Exeter Diane Curran, Esq.

10 Front Street Harmon & Weiss Exeter, NH 03833 2001 S Street, NW Suite 430 Gary W. Holmes, Esq.

Washington, DC 20009 Holmes & Ellis 47 Winnacunnet Road Robert A. Backus, Esq.

Hampton, NH 03842 i

Backus, Meyer & Solomon 116 Lowell Street J. P. Nadeau Manchester, NH 03106 Board of Selectmen 10 Central Street Paul McEachern, Esq.

Rye, NH 03870 Matthew T. Brock, Esq.

Shaines & McEachern Judith H. Mizner, Esq, 25 Maplewood Avenue Silverglate, Gertner, Baker, P.O. Box 360 Fine, & Good Portsmouth, NH 03801 88 Board Street Boston, MA 02110 Charles P. Graham, Esq.

McKay, Hurphy & Graham Robert Carrigg, Chairman 100 Main Street Board of Selectmen Amesbury, MA 01913 Town Office Atlantic Avenue Sandra Gavutis, Chairman North Hampton, NH 03870 Board of Selectmen RFD #1, Box 1154 Kensington, NH 03827

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3-William S. Lord Peter J. Matthews, Mayor Board of Selectmen City Hall Town Hall - Friend Street Newburyport, MN 09150 Amesbury, MA 01913 Michael Santosuosso, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen South Hampton, NH 03827 13-15 Newmarket Road Durham, NH 03824 Ashod N. Amirian, Esq.

Town Counsel for Merrimac Hon. Gordon J. Humphrey 376 Main Street United States Senate Haverhill, MA 08130 531 Hart Senate Office Building Washington, DC 20510 Richard R. Donovan Robert R. Pierce, Esq.

Federal Emergency Management Agency Atomic Safety and Licensing Federal Regional Center Board Panel 130 228th Street, S.W.

U.S. Nuclear Regulatory Comission Bothell, Washington 98021-9796 Washington, D.C.

20555

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Stephen'A. Bergquist

~P Counsel for NRC Staff f

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