ML20206J658

Joint Intervenors Answers to Applicant Request for Admissions to Intervenors.* Related Correspondence

ML20206J658
Person / Time
Site:	Seabrook
Issue date:	11/15/1988
From:	Traficonte J AMESBURY, MA, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NEWBURY, MA, SEACOAST ANTI-POLLUTION LEAGUE
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
Shared Package
ML20206J643	List: ML20206J638 ML20206J658 ML20206J681
References
OL, NUDOCS 8811290069
Download: ML20206J658 (4)

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p DOLKETED u%C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 18 Ne/18 N0:13 ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:

Ivan W. Smith, Chairman

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.3RANCH Gustave A. Linenberger, Jr.

Dr. Jerry Harbour

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In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY ) (Off-Site EP)

OF NEW HAMPSHIRE, EI AL. )

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(Seabrook Station, Units 1 and 2) ) November 15, 1988

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JOINT INTERVENORS ANSWERS TO APPLICANTS' REQUEST FOR ADMISSIONS TO INTERVENORS On behalf of the Seacoast Anti-Pollution League, New England Coalition On Nuclear Pollution, the towns of Amesbury, Newbury, West Newbury, Salisbury, and Merrimac, the cities of Haverhill, and Newburyport and himself, (the "Joint 1

Intervenors") the Mass AG files this response to the l Applicants' Request for Admissions to Intervenors.

REQUEST NO. 1: The SPMC provides for early beach closing.

ANSWER: Admit.

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q REQUEST NO. 2: Every school and day care center in the Massachusetts EPZ is required, by law and/or regulation, to-have (a) adequate emergency response plans, and (b) the resources (material and human) necessary to implement those plans.

OBJECTION: The Joint Intervenors object to this request on the grounds that it concerns matters not relevant to the issues before this Board and seeks admission as to matters of law and not fact. 10 CFR $ 2.742 provides that a party may seek "the admission of the truth of any specified relevant matter of fact." Dy its clear terms, this request seeks the admission of a matter of law and thereby requires conclusions of law. The Commission's discovery rules do not permit such a request.

In further support of its position, Joint Intervenors rely on those cases arising under Fed. R. Civ. P. 36(a) as that Rule was worded prior to 1970. Prior to that date, the Federal Rule, like the current Commission rule, limited requests to "matters of fact." In that posture, "a majority of courts sustain (ed) objections" to requests seeking admission as to mixed law and fact issues. Note of the Advisory Committee on (Federal) Rules to Rule 36, 1970 Amendment, Subdivision (a),

citations omitted. In 1970, the Federal Rule was amended to permit requests to admit as to matters involving the application of law to fact. (However, pure conclusions of law are still not appropriate for requests. Ega Ransom v. Unlied Staten, 3 Fed. Rules Serv. 3d 174, 8 Ct Cl 646 (1985).) In this case, the request does not even involve an application of law to fact but a pure issue of law. Even if the request were interpreted as a "mixed fact and law question," the Commission has not amended S 2.742 to maintain its conformity with the r) -

corresponding Federal Rule even though the Commission has amended S 2.742 Altar 1970, when the Federal Rule was changed.

-PEQUEST NO. 3: The follcwing bodies politic, including all theit subdivisions, departments, agents, and instrumentalities, have refused to participate in or cooperate with emergency planning' tor Seabrook Station at all times subsequent to January 1, 1987, and presently continue to refuse to participate in or cooperate with emergency planning for Seabrook-Station:

(a) the Commonwealth of Massachusetts; (b) the Town of Amesbury; (c) the Town of Merrimac; (d) the Town of Newbury; (e) the City of Newburyport; (f) the Town of Salisbury; (g) the Town of West Newbury; and-(h) the City of Haverhill.

ANSWER: Admit.

REQUEST NO. 4: Every hospital in the Massachusetts EPZ is required, by law and/or regulation, to have (a) adequate emergency response plans, and (b) the resources (material and human) necessary to implement those plans.

OBJECTION: Joint Intervenors incorporate by reference their objection to request No. 2 set forth above.

REQUEST NO. 5: Each of the following types of special facilities in the Massachusetts Ep2 is required, by law and/or regulations, to have (i) adequate emergency response plans, and (ii) the resources (material and human) necessary to implement those plans:

(a) nursing homes; (b) homes for the mentally retarded; (c) residences for the mentally ill; and (d) local lock-ups.

OBJECTION: Joint Intervenors incorporate by reference their objection to Request No. 2 set forth above.

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REQUEST NO. 6: As required by federal and/or state law and/or regulation, the Commonwealth of Massachusetts and the six Massachusetts EPZ comraunities have adequate (a) plans, (b) personnel, and (c) resources to respond to a major non-radiological hazardous event (such as the chemical release emergency that occurred earlier this year in the Springfield j area), should one occur in the Massachusetts EpZ, in such a way '

as to provide reasonable assurance that adequate protective measures can and will be taken to protect the public health and safety.

OBJECTION: Joint Intervenors incorporate by reference their objection to Request No. 2 set forth above. Moreover, to the extent that this request seeks to have the Joint I Intervenors characterize the "adequacy" of existing plans fcr certein emergencies it calls for a legal conclusion.

Respectfully submitted, i

JAMES M. SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS By: ( \!t J' dhn Traficonte f

p) Assistant Attorney General ,

I Nuclear Safety Unit Department of the Attorney General '

One Ashburton Place Boston, MA 02108 (617) 727-2200 i

ON BEHALF OF: JOINT INTERVENORS I

DATED: November 15, 1988 r

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