ML20072H458

Response to New England Coalition on Nuclear Pollution Motion to Extend Emergency Planning Discovery Deadline. Insufficient Basis Shown for Relief Requested,But No Objection Posed.Certificate of Svc Encl

ML20072H458
Person / Time
Site:	Seabrook
Issue date:	03/24/1983
From:	Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, REID & PRIEST, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20072H448	List: ML20072H444 ML20072H458
References
ISSUANCES-OL, NUDOCS 8303290449
Download: ML20072H458 (7)

Text

. _ - .

Filsd: March 24, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

PUBLIC SERVICE COMPANY OF NEW ) Docket Nos. 50-443 OL HAMPSHIRE, et al. ) 50-444 OL

)

(Seabrook_ Station, Units 1 & 2) )

)

APPLICANTS' RESPONSE TO "NECNP MOTION TO EXTEND EMERGENCY PLANNING DISCOVERY DEADLINE" The Applicants submit that the showing made by NECNP is inadequate to demonstrate any entitlement to the relief requested by this motion. _Nevertheless, the Applicants would interpose no objection to a reasonably short enlargement of the discovery period relating to the November 17, 1982-admitted contentions.

1. The centerpiece of the motion is the impairment perceived by NECNP of its right to engage in a "second 8303290449 830324 -

PDR G ADOCK 05000443 .

PDR

~. -

1 l

l round" of discovery relating to the contentions admitted by the Order of November 17, 1982 (the

" Category III Contentions"). Prescinding, however, from the absence of anything in the Rules of Practice conferring an expectation-of "second round" discovery, NECNP's present predicament derives primarily from its own lack of diligence. NECNP's contentions were admitted on November 17, 1982; it did not serve its Category III Contention interrogatories until February 4, 1983 -- some 79 calendar days later. The Applicants served their answers to these interrogatories on February 25, 1983.*

NECNP made its first request for the documents identified by the Applicants in their answers to

• It is mildly disingenuous of NECNP to compare, as it does on page 1 of its motion, the date on which it l served a document calling for response and the date on which it received the response. It is relatively l immaterial whether the Applicants' performance is measured from " receipt" to " receipt" or from " service" to " service," but whichever is chosen, the standard for measurement ought to be consistent.

l l

l l

l

NECNP's interrogatories on March 10, 1983. A date for the proa ction was selected to meet the convenience of counsel for the Commonwealth of Massachusetts (who, by arrangement with NECNP, was the person who was going to be reviewing the documents); the date selected by f; counsel for the Commonwealth was Monday, March 21,

/

1983. A request was made that, in lieu of producing the documents, the Applicants simply furnish copies to NECNP (via the Commonwealth) (at Massachusetts' expense), in which request the Applicants acquiesced.

It was requested that NECNP (via the Commonwealth) prepare a list of the specific documents of which production was requested; that list was received on Tuesday, March 15, 1983. On Friday, March 18, 1983, counsel for the Applicants advised counsel for NECNP (via counsel for the Commonwealth) that, contrary to her assumption, the documents on the list were approximately one foot in volume or more and inquired if counsel still wished to be provided with copies of the documents " sight unseen;" counsel for the l

l 1

Commonwealth responded in the negative and requested a new date for production of Thursday, March 31, 1983 (in l

which the Applicants acquisced). A notice of the production was issued to all parties on March 18, 1983.

In short, the Applicants' response to NECNP's requests has been at all times prompt and timely. Any suggestion in NECNP's motion that the Applicants have

-q

}

been the cause of NECNP's perceived predicament is unfounded.

2. The period of discovery-established by the Board for the originally admitted contentions, as later enlarged, ran from September 13, 1982 through January 7, 1983, a period of 116 days. While the Board did not formally establish a "close of discovery" date with respect to the Category III Contentions admitted on November 17, 1982, any assumption that NECNP might have made that the discovery period with respect to the Category III Contentions would differ materially from the discovery from the originally-admitted contentions, and any reliance NECNP may have placed on any such

[ assumption, were unreasonable. The discovery period ordered with respect to the Category III Contentions (i.e., from November 17, 1982 through March 17, 1983, or 120 days) was fully consistent with the discovery i

i l

i P

i

. - - - . - , . - . - - . . , _ . - - . - . - , . . , . . . -. - -- -.--n. - - - - - ~ - - - .,-,-

c .

period ordered in respect of the originally-admitted contentions.

3. For the foregoing reasons, the Applicants submit that NECNP has offered no explanation for having waited for over two months to file Category III Contention interrogatories. NECNP has, therefore, failed to demonstrate a sufficient basis for the relief requested by its motion, and failed to demonstrate any harm to it attributable to actions of the Board or to actions of the Applicants. Nevertheless, the Applicants interpose no objection to an enlargement of the discovery period relating to the Category III Contentions for NECNP through Monday, April 4, 1983.

tfully tted, L

v Thomas G. gnan, Jr.

R. K. Gad II Ropes & Gray

! 225 Franklin Street Boston, Massachusetts 02110 Telephone: 423-6100 i

1 I

l l

l . _ - -

?

CERTIFICATE OF SERVICE I, Robert K. Gad III, one of the attorneys for the Applicants herein, hereby certify that on_ March 24, 1983, I made service of the within Applicants' Response to "NECNP Motion to Extend Emergency Planning' Discovery Deadline" by mailing copies thereof, postage pre vaid, to:

Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety and Licensing Coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S. Nuclear Regulatory Hampton, NH 03842 Commission Washington, DC 20555 Dr. Emmeth A. Luebke William S. Jordan, III,-Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.

U.S. Nuclear Regulatory Suite 506 Commission Washington, DC 20006 Washington, DC 20555 Dr. Jerry Harbour Dana Bi sbee, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S. Nuclear Regulatory 208 State House Annex Commission Concord, NH 03301 Washington, DC 20555 Atomic Safety and Licensing Roy P. Lessy, Jr., Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 l

l l

l

- - - . - - .n---..--,.. ,~ n,...-n - ~~ - ,-----.,--,.,-.~..n

Philip Ahrens, Esquire Edward J. McDermott, Esquire Assistant Attorney General Sanders and McDermott Department of the Attorney Professional Association General 408 Lafayette Road Augusta, ME 04333 Hampton, NH 03842 David L. Lewis _Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Department of the Attorney General Commission One Ashburton Place, 19th Floor Rm. E/W-439 Boston, MA 02108 Washington, DC 20555 Mr. John B. Tanzer Ms. Olive L. Tash Designated Representative of Designated Representative of the Town of Hampton the Town of Brentwood 5 Morningside Drive R.F.D. 1, Dalton Road Hampton, NH 03842 Brentwood,_NH 03833 Roberta C. Pevear Patrick J. McKeon Designated Representative of Selectmen's Office the Town of Hampton Falls 10 Central Road Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Mrs. Sandra Gavutis Calvin A. Canney Designated Representative of City Manager the Town of Kensington City Hall RFD 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Ruthanne G. Miller, Esquire Mr. Angie Machiros Law Clerk to the Board Chairman of the Atomic Safety and Licensing Board of Selectmen i

Board Town of Newbury U.S. Nuclear Regulatory Newbury, MA 01950 Commission

, Washington D.C. 20555 O

l ~

Robert K y/ Gad III

_7_

t I

l l

-