ML20245J176

Applicant Objection in Nature of Motion in Limine to Portions of Prefiled Testimony of Moriearty.* Sections of Testimony in Question Not Matl or Relevant to Any Issue Before Board.W/Certificate of Svc

ML20245J176
Person / Time
Site:	Seabrook
Issue date:	04/24/1989
From:	Trout J PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#289-8526 OL, NUDOCS 8905040026
Download: ML20245J176 (7)

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AprilN24 pjl989 tra-1 UNITED STATES OF AMERICA

.E9 Am 27 ' P4 :13 NUCLEAR REGULATORY COMMISSION nc before the bihi ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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PUBLIC SERVICE COMPANY OF

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Docket Nos. 50-443-OL NEW HAMPSHIRE, et 41.

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50-444-OL

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Off-site Emergency (Seabrook Station, Units 1 an$ 2)

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Planning Issues

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APPLICANTS' OBJECTION IN THE NATURE OF A MOTION H LIMINE TO PORTIONS OF THE PREFILED TESTIMONY OF SHARON MORIEARTY 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 " Testimony of Sharon Moriearty on Behalf of the Attorney General for the Commonwealth of Massachusetts (" Mass AG") Regarding JI Contention 49."

In support of their motion, Applicants say that the sections of testimony in question are not material or relevant to any issue presently before this Board.

At reveral places in her testimony, the witness and/or her interrogator discuss issues relating to the notification of special needs individuals.

These testimony references are:

890bO40026 890424 PDR ADOCK 05000443 T

PDR 7

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Page 11, bottom paragraph, the clause beginning "Use of aggressive, personalized notification schemes";

(b)

Page 13, the third sentence on the page; (c)

Page 23, last sentence in top paragraph, the words "both notifying and";

(d)

Page 26, the word " notification" in the second question on the page; (e)

Page 31, the word " notification" in the last sentence of the last question on the page; and (f)

Page 32, the first full paragraph on the page.

All of this testimony should be excluded as irrelevant, since the issue of special needs notification has been settled and withdrawn.1 The only tdmitted contention which raised the issue of

' notifying the special needs population was JI Contention 40.

JI 40 alleged that "[t]he SPMC does not contain an appropriate alert and notification system for residents who have special notification needs."

The contention concluded, in Basis C, that "[s]pecial equipment should be provided to each household in the Massachusetts EPZ with a deaf or nearly deaf member."

1 In addition, the second and third sentences of the last answer on page 33 are merely a summary of the Dillman-Moriearty testimony, and should be excluded for the same reasons as that latter testimony.

geg Applicants' Objection in the Nature of a Motion in Limine to the Admission in Evidence of the Prefiled Testimony of Dr. Don A. Dillman and Sharon Moriearty (April 24, 1989). _

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e During late January and early February of 1989, Mass AG and Applicants engaged in discussions aimed at organizing, simplify.ing, and -- in some instances -- settling the issues being litigated.

During those discussions, Mass AG raised the issue of settling JI 40.

Mass AG proposed a settlement along the lines of the suggestion in the contention itself, izg. providing a special device known as a TDD for the home j

of every deaf or nearly deaf EPZ resident who did not already have one.

As part of a larger settlement agreement, Applicants accepted Mass AG's proposal:

" Applicants have agreed to provide TDDs to all deaf and nearly deaf individuals in the Massachusetts EPZ who do not already have one, as suggested in JI Contention 40.

In light of that agreement Mass AG withdraws JI Contention 4Ge" Joint Stipulation Regarding Status of Admitted Contentions, at 8 (February 7, 1989).

Mass AG has thus withdrawn -- at his own suggestion and on his own terms -- the only contention to which the above-1 referenced notification testimony could have gone.

The i

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.g testimony is thus irrelevant'to the issues presently before this Board, and should be excluded.

Respectfully submitted, Thomas G.

Dignan, Jr.

George H. Lewald Kathryn A. Selleck Jeffrey P. Trout Jay Bradford Smith Geoffrey C. Cook Ropes & Gray One International Place Boston, MA 02110-2624 (617) 951-7000

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CERTIFICATE OF SERVICE 09 Am 27 P4 :13 I, Jeffrey P. Trout, one of the Ettorneys for the Applicants herein, hereby certify that on Aprilc24, 1989, I made service of the within document by maicing copies 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 Executivt 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

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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 Flr.

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 1

Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03842 Concord, NH 03301

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i Ashod N. Amirian, Esquire Robert Carrigg,' Chairman 145 South Main Street Board of Selectmen P.O. Box 38 Town Office, Atlantic Avenue Bradford, MA 01835 North Hampton, NH 03862 hhx kh f

Jeffr6y P. Trout

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