CLI-89-08, .* Discusses Decision CLI-89-08,denying Intervenors Request for Stay Pendente Lite to Conduct Low Power Testing. W/O Stated Encl.Related Correspondence

CLI-89-08.* Discusses Decision CLI-89-08,denying Intervenors Request for Stay Pendente Lite to Conduct Low Power Testing. W/O Stated Encl.Related Correspondence

ML20247F738
Person / Time
Site:	Seabrook
Issue date:	05/22/1989
From:	Chandler L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Murley T Office of Nuclear Reactor Regulation
References
CON-#289-8650 CLI-89-08, CLI-89-8, OL-1, NUDOCS 8905300159
Download: ML20247F738 (2)

Text

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MEMORANDUM FOR: Thomas Murley, Director Office of Nuclear Reactor Regulation

, FROM:- Lawrence J. Chandler f'

Assistant General Counsel for Hearings and Enforcement

SUBJECT:

Public Service Company of New Hampshire (Seabrook Station, Units I snd 2)

, CLI-89-08 On May 18,1989, the Comission issued an ordcr (CLI-89-08) in which it denied motions filed by interveners SAPL, NECNP, the Massachusetts Attorney General, and the Town of Hampton seeking to stay pendente lite authorization for Applicants to conduct low power testing. In denying the requested stays, the Comission found that a consideration of i.he stay criteria set forth in 10 C.F.R. I 2.788(e) did not weigh in interveners' favor. CLI-89-08, slip op. at 5-29. In this regard the Comission took special note of interveners' failure to show they would suffer irreparable harm if a stay was not granted. TheCommissionstatedthat"[13ackingay meaningful showing of irreparable ha nn ." which is by far the most significant factor in deciding whether to grant a stay request. "there is scarce basis for the Commission to grant Interveners' a stay." Id. at 11.

The Commission further found that interveners' stay motions did'~not make the " overwhelming showing" of likely success on the merits "needed to L

' outweigh a weak case on irreparable hann." Id. at 12. Accordingly, the Comission denied interveners' request for stiy pendente lite. M. at 2, 29.

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The Commission did, however, accede to interveners' request for a one week housekeeping stay so as to enable them to pursue a stay from United States i Court of Appeals for the District of Columbia Circuit. Id. at 29-30. In '

this connection. CLI-89-08 provides that "[nJo liceiise authorizing low-power testing for Seabrook shall issue before May 25, 1989 at 4 p.m.

EDT, or such earlier date as the Court may deny the stay requests now before it." M.at30.

I 8905300159 890522 L PDR ADOCK 05000443  ;

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Gregory Berry (x21573) and Edwin Reis (x21580) are available to discuss the enclosed decision with your staff.

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A2 h awrence J handler Assistant General Counsel i

for Hearings and Enforcement

Enclosure:

CLI-89-08

.cc: .J.F. Scinto, DGC W. Russell, Pegion I l

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