Motion by Intervenor Concerned Citizens of Ri in Opposition to Util Motion to Continue Proceedings.Requests NRC Reconsider Application.Notice of Appearance of Ws Jordan on Behalf of Concerned Citizens of Ri Encl| ML19207B558 |
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| Site: |
New England Power |
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| Issue date: |
07/13/1979 |
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| From: |
Jordan W, Sheldon K
SHELDON, HARMON & WEISS |
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| To: |
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| Shared Package |
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| ML19207B559 |
List: |
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| References |
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| NUDOCS 7908300264 |
| Download: ML19207B558 (3) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19260C7171979-12-17017 December 1979
Requests Withdrawal of CP Application Due to Board of Directors 791217 Vote to Cancel Units
ML19257B6301979-12-14014 December 1979
Notice of Withdrawal of Appearance by AB Kenyon & RB Gates Entry as Counsel in Proceeding.Certificate of Svc Encl
ML19207B5671979-07-13013 July 1979
Request Submitted by Intervenor Concerned Citizens of Ri That NRC Issue Order to Show Cause Why CP Application Should Not Be Dismissed.Application Is Unacceptable & Does Not Meet Docketing Criteria.Certificate of Svc Encl
ML19207B5581979-07-13013 July 1979
Motion by Intervenor Concerned Citizens of Ri in Opposition to Util Motion to Continue Proceedings.Requests NRC Reconsider Application.Notice of Appearance of Ws Jordan on Behalf of Concerned Citizens of Ri Encl
ML19225A5531979-07-13013 July 1979
Request on Behalf of Concerned Citizens of Ri,Point Judith Fishermen'S Cooperative & Tl Arnold Trust for Show Cause Order Re Dismissal of CPs
ML19225B3621979-06-29029 June 1979
Util Response to GSA 790620 Decision Re Disposition of Site. Requests That ASLB Review Decision & Continue Proceedings Generally.Certificate of Svc Encl
ML19261C2041979-02-16016 February 1979
Notice of Substitution of Jr Payne for Vj Naccarato as Counsel on Behalf of Westerly,Ri,Effective 781204. Certificate of Svc Encl
ML19282B1831978-12-27027 December 1978
Notice of Withdrawal of Bn Capalbo & New Entry of Fj Williams as Counsel for Intervenor Town of Hopkinton, as of 781204.Certificate of Svc Encl
ML19270E8531978-12-0505 December 1978
Notice of Withdrawal of Appearance & New Entry.Santaniello Removes Himself as Counsel for Town of West Greenwich & Requests Mail & Svc Be Forwarded to El Alves.Certificate Svc Encl
ML20148M4311978-11-14014 November 1978
Denies Motion of St of Ri Seeking Order Directing Applicant Ne Pwr Co to Provide Further Info.Denial Based on Fact That NRC Staff & Not ASLB Determines Whether Environ Rept Contains Sufficient Data to Enable Staff to Issue Des
ML20148H9031978-11-0101 November 1978
Answer of NRC Staff in Opposition to Motion of St of Ri for Entry of an Order Requiring Further Info Re Subj Facils from Nenp.Asserts That Motion Is Really Request for Discovery & Thus Forbidden by 780221 ASLB Order.Cert of Svc Encl
ML20148K5021978-10-24024 October 1978
Response to Ri'S Motion to Compel Nep to Suppl Its Environ Rept.Urges Motion Be Denied.Cert of Svc Encl
ML20150B6891978-10-24024 October 1978
Applicant Nenp'S Answer & Objection to Motion of St of Ri for Entry of an Order Requiring Further Info.Asserts ASLB Has No Authority to Direct That Info Sought Be Included in Environ Rept.Requests Protective Order.Cert of Svc Encl
ML20148S4351978-10-18018 October 1978
Motion by State of Ri for Entry of an Order Requiring Further Information to Be Produced for Environ Rept of Subj Facil.Proposed Site Is One of Few Coastal Salt Ponds in Ri & May Be Adversely Affected
ML20150B6201978-10-13013 October 1978
Motion by State of Ri for Order Requiring Applicant to Produce Data in Addition to Data Provided in Environ Rept
1979-07-13
[Table view]
Category:PLEADINGS
MONTHYEARML19260C7171979-12-17017 December 1979
Requests Withdrawal of CP Application Due to Board of Directors 791217 Vote to Cancel Units
ML19207B5671979-07-13013 July 1979
Request Submitted by Intervenor Concerned Citizens of Ri That NRC Issue Order to Show Cause Why CP Application Should Not Be Dismissed.Application Is Unacceptable & Does Not Meet Docketing Criteria.Certificate of Svc Encl
ML19207B5581979-07-13013 July 1979
Motion by Intervenor Concerned Citizens of Ri in Opposition to Util Motion to Continue Proceedings.Requests NRC Reconsider Application.Notice of Appearance of Ws Jordan on Behalf of Concerned Citizens of Ri Encl
ML19225A5531979-07-13013 July 1979
Request on Behalf of Concerned Citizens of Ri,Point Judith Fishermen'S Cooperative & Tl Arnold Trust for Show Cause Order Re Dismissal of CPs
ML19225B3621979-06-29029 June 1979
Util Response to GSA 790620 Decision Re Disposition of Site. Requests That ASLB Review Decision & Continue Proceedings Generally.Certificate of Svc Encl
ML20148H9031978-11-0101 November 1978
Answer of NRC Staff in Opposition to Motion of St of Ri for Entry of an Order Requiring Further Info Re Subj Facils from Nenp.Asserts That Motion Is Really Request for Discovery & Thus Forbidden by 780221 ASLB Order.Cert of Svc Encl
ML20148K5021978-10-24024 October 1978
Response to Ri'S Motion to Compel Nep to Suppl Its Environ Rept.Urges Motion Be Denied.Cert of Svc Encl
ML20150B6891978-10-24024 October 1978
Applicant Nenp'S Answer & Objection to Motion of St of Ri for Entry of an Order Requiring Further Info.Asserts ASLB Has No Authority to Direct That Info Sought Be Included in Environ Rept.Requests Protective Order.Cert of Svc Encl
ML20148S4351978-10-18018 October 1978
Motion by State of Ri for Entry of an Order Requiring Further Information to Be Produced for Environ Rept of Subj Facil.Proposed Site Is One of Few Coastal Salt Ponds in Ri & May Be Adversely Affected
ML20150B6201978-10-13013 October 1978
Motion by State of Ri for Order Requiring Applicant to Produce Data in Addition to Data Provided in Environ Rept
1979-07-13
[Table view] |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
NEW ENGLAND POWER ) Docket Nos. 50-568 '
COMPANY ) 50-569
)
(NEP-1 and NEP-2) )
RESPONLE TO NEPCO MOTION TO CONTINUE PROCEEDINGS GENERALLY AND MOTION TO REQUIRE THE NRC STAFF TO RECONSIDER THE ACCEPTABILITY OF NEPCO's APPLICATION Concerned Citizens of Rhode Island, the Point Judith Fishermen's Cooperative, the Thomas L. Arnold Trust, and the New England Coalition on Nuclear Pollution (referred to collectively as CCRI) oppose the Applicants' (referred to collectively as NEPCO) motion for a general continuance. Since NEPCO has been denied the use of the Charlestown site, there is no longer any knici basis for continued consideration of this application. CCRI requests instead that the Licensing Board expedite the final resolution of this case by requiring the Nuclear Regulatory Commission Staff to reconsider the acceptability of NEPCO's application. This motion is based on the Board's decision In the Matter of New England Power Company (NEP Units 1 and 2),
LBP-78-9, 7 NRC 271 (1978), and on the Board's authority tc regulate the course of this proceeding under 10 CFR 2.721(d).
On June 20, 1979, the General Services Administration issued a final administrative decision denying NEPCO the use of the NALF as the site for NEP Units 1 and 2. Accordingly, CCRI has submitted to the Director of Nuclear Reactor Regulation a Request for an Order to Show Cause why the Application for Construction Permits for NEP Units 1 and 2 Should Nct Be Dismissed. (Attachment 1) CCRI's 852 250 7908 3 oo ,6 y
2 Request for an Order to S~.ow Cause is based on the fact that the application no longer contains the minimum site-related information required by the regulations. CCRI has submitted this request to the Director of Nuclear Reactor Regulation rather than making a motion to dismiss to this Board because this Board has previously ruled, Id., at 280, that only the Staff may determine whether an application is acceptable for docketing.
However, the Board's previous ruling does not leave it powerless when faced with a patently unacceptable application, as is now the case. Although it may nct be able to dismiss the application on its own authority in this situation, it may certainly take judicial notice of the GSA decision and of the regulatory requirements governing the acceptability of an application for docketing and consideration by a Licensing Board. Having done so, it may require the Staff to re-examine the acceptability of the application and justify its continued docketing before the Board. This action is authorized by 10 CFR 2.718(e) and (1) as incorporated by reference in 10 CFR 2.721(d).
In the face of GSA's final decision rendering its application unacceptable, NEPCO offers nothing to indicate that there is any possibility that the NALF will somehow become available for use as a reactor site. The only possible justification for continuing this proceeding would be a showing by NEPCO that there is a substantial likelihood that it will prevail in an appeal of the GSA decision.
NEPCO has made no such showing.
852 251
3 f.
CONCLUDION For these reasons, CCRI opposes NEPCO'n motion for a continuance of these proceedings and~tves..that the Licensing Board direct the Staff to reexamine. the accaptability of ITEPCO's application.
Resp 27tfully submitted,
&& g?! /
Will.iam S. Jordan, III Kariri'P . Sheldon Sheldon, IIarmon, Roisman & Weiss 1725 K Street, !!W , Suite 506 4
Washington, DC 20006
! Dated: l .S l' 'i :'?
u a
852 252 T