ML19325E950
| ML19325E950 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/07/1989 |
| From: | Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#489-9408 ALAB-922, LBP-88-32, OL, NUDOCS 8911130089 | |
| Download: ML19325E950 (6) | |
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y UNITED STATES OF AMERICA L,
NUCLEAR REGULATORY COMMISSION
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i BEFORE THE COMMISSION hd f
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-In the Matter of f
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, e_t a_1.
Off-site Emergency Planning t
i (Seabrook Station, Units 1 and 2)
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f NRC STAFF'S MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE ITS BRIEF CONCEPNING THE MATTER CERTIFIED TO THE COMMISSION IN ALAB-922 The NRC Staff hereby request an extension of time of 2 business days.
in which to file its brief concerning the matter certified to the o
Comission in ALAB-922.1/ In support of this request, the Staff states as follows:
1.
On October 11, 1989, the Appeal Board certified a question to the Comission in connection with its review of Intervenors' appeals from the Licensing Board's Partial Initial Decision of December 30, 1988 (LBP-88-32). That question concerned the admissibility of certain testimony proffered by the Massachusetts Attorney General (" Mass AG") as to the dose consequences and risk posed by certain accidents hypothesized to occur at Seabrook Station. On October 16, 1989, the Comission
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established a schedule for the submission of briefs on the certified question. Pursuant to that schedule, the Staff's brief is due to be filed o
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Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-922, 30 NRC ---- (Slip op., Oct. II, 1989).
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on or.before November 8, 1989. Briefs addressing the certified question i
have now been filed by the other active litigants in this proceeding in accordance with the briefing schedule established by the Comission.
2.
The Staff has actively been engaged in preparing a brief addressing the certified question and associated matters raised by 1
Intervenors' briefs, with the intention and expectation that its brief would be filed in accordance with the established schedule.
Unfortunately, however, the. Office of the General Counsel's word processing equipment -- long recognized to be antiquated and has twice
" crashed" in the past two weeks, interfering with the timely completion of the Staff's briefs. While the system was restored to operation this morning, its continued operation is in doubt.
3.
As a result of the failure of Staff counsel's word processing equipment, the Staff will be unable to complete and file its brief in accordance with the established schedule. The staff estimates that an additional two business days will be required to complete its brief.
4.
The granting of the instant Motion is necessary to enable the Staff to file a brief which addresses in detail the matter certified by the Appeal Board as well as the additional matters raised by the various l
Intervenors, and will not prejudice any other party to this proceeding.
l While the Staff regrets that is unable to file its brief as directed by the Cominion, its inability to do se is caused by circumstances beyond its control.
5.
Staff counsel has contacted the counsel for the other parties who have filed briefs on the certified question with the Comission, except 1
l-for counsel for the Town of Hampton, and none of the contacted counsel
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[' b object to this motion for an extension of time. Cuunsel for the Town of j
Hampton could not be reached.
WHEREFORE, the Staff respectfully requests an extension of time of two business days for the filing of its brief on the matter certified to the Comission in ALAB-922.
Respectfully submitted, A
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L c?d Edwin J. Reis Ceputy Assistant General Counsel For Reactor Licensing Dated at Rockville, Maryland this 7th day of November, 1989 k
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g
BEFORE THE COMMISSION
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In the Matter of.
i Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50 444 OL i
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. NEW HAMPSHIRE, el d.
Off-site Emergency Planning L
(Seabrook Station Units 1 and 2)
CERTIFICATE OF SERVICE a-I hereby certify that copies of "NRC STAFF'S MOTION FOR AN EXTENSION OF TIME IN l
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WHICH TO FILE ITS BRIEF CONCERNING THE MATTER CERTIFIED TO THE COMMISSION IN ALAB-922 in ' the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by depositin the Nuclear Regulatory Commission's internal mail system, or as indicated by double asterisks, by express mail this 7th day of November 1989:
IvanW. Smith, Chairman (2)*
Thomas S. Moore
- Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Commission Board International Place U.S.
Nuclear Regulatory Commission Richard F. Cole
- Thomas G. Dignan, Jr., Esq.**
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Administrative Judge Robert K. God,'III, Esq.
- Atomic Safety and Licensing Board Ropes & Gray Washington, DC 20555 U.S. Nuclear Regulatory Comission One International Place Washington, DC 20555 Boston, MA 02110 Kenneth A. McCollom**
Judith H.
- Mirner, Esq.
Administrative Judge 79 State Street 1107 West Knapp Street Newburyport, MA 01950 Stillwater, OK 74075 Robert Carrigg, Chainnan Philip Ahrens, Esq.
Board of Selectmen Assistant Attorney General Town Office l'
L Office of the Attorney General Atlantic Avenue
-State House Station North Hampton, NH 0386?
"9" William S. !.ord 4
John Traficonte, Esq.**
Board of Selectmen L
Assistant Attorney General Town Hall - Friend Street b
Office of the Attorney General Amesbury, MA 01913 One Ashburton Place, 19th Ficor j
Boston, MA 02108 Mrs. Anne E. Goodman, Chairman Board of Selectmen l
Geoffrey Huntington, Esq.**
13-15 Newmarket Road Assistant Attorney General Durham, NH 03824 Office of the Attorney General
' 25 Capito? Street
- Concord, NH 03301 1
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o Diane' Curran Esq.**
1 Harmon, Curran & Tousley
. 2001 S St reet, NW '
Hon. Gordon J. Humphrey
. Suite 430 United States Senate Washington, DC 20009 531 Hart Senate Office Building l
4-Washington, DC 20510
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F Calvin.A. Canney City Hall Peter J. Matthews, Mayor l
126 Daniel Street City Hall
-Fortsmouth, NH 03801 Newburyport, MN 01950
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Michael Santosuosso, Chairman Allen Lampert Civil Defense Director Board of Selectmen Town of Brentwood South Hampton, NH 03827 l
20 Franklin Exeter, NH 03833 Ashod N. Amirian, Esq.
Town Counsel for Merrimac William Armstrong 145 South Main Street Civil Defense Director P.O. Box 38 Town of Exeter Bradford, MA 01835 10 Front Street Fxeter, NH 03833 Robert A. Backus Esq.**
Backus, Meyer & Solomon Gary W. Holmes Esq.
116 Lowell Street Holmes & Ellis' Manchester, NH 03106 47 Winnacunnet Road Paul McEachern, Esq.**
J. P. Nadeau Shaines & McCachern Board of Selectmen 25 Maplewood Avenue 10' Central Street P.O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 1
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l-Barbara J. Saint Andre, Esq.
R. Scott Hill-Whilton, Esq. Kopelman
& Paige P.C.
Lagoulis, Clark, Hill-Whilton r
77 Franklin Street
& McGuire Boston, MA. 02110 79 State Street Newburyport, MA 01950 Sandra Gavutis, Chairman Board of Selectmen H. J. Flynn, Esq.
RFDfl. Box 1154 Assistant General Counsel Kensington, NH 03827 Federal Emergency Management Agency 500 C Street. S.W.
i' Atomic Safety and Licensing Board Washington, DC 20472 Panel (1)
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Appeal Panel (6)*
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Nuclear Regulatory Commission Office of the Secretary (16)*
Washington, DC 20555 U.S. Nuclear Regulatory Commist. ion Washington" DC 20555 Attn: Docketing and Service Section
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l-Edwin J[Reis Deputy' Assistant General Counsel for Reactor Licensing i
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