ML19332D462
| ML19332D462 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/14/1989 |
| From: | Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PUBLIC SERVICE CO. OF NEW HAMPSHIRE, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#489-9441 LBP-89-28, OL-1, NUDOCS 8912040001 | |
| Download: ML19332D462 (6) | |
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C'OLKETED UNITED STATES OF AMERICA UYlHC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD '89 NOV 14 A11 :52 1
1 Administrative-Judges:
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-Thomas S. Moore, Chairman' November 14, 1989R '
=Howard A. Wilber i
I G.
Paul Bollwerk, III SERVED NOV 1 4 1989
)
In the Matter of
)
1
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL-1 NEW HAMPSHIRE, et al.
)
50-444-OL-1
)
(Seabrook Station, Units 1
)
and 2)
)
)
ORDER The Massachusetts Attorney General, the Seacoast.
Anti-Pollution League and the New England Coalition on
-l Nuclear Pollution each filed a notice of appeal from the i
Licensing Board's October 12, 1989 order, LBP-89-28, 30 NRC
, rejecting certain of their contentions concerning the applicants' --low-power testing of the Seabrook Unit 1
]
reactor.
In earlier orders, we requested that all parties address the question of whether the Licensing Board's order was immediately appealable and we now have received those filings.
Although the question is not entirely free from doubt, we are inclined toward the view that the Licensing Board's October 12 order rejecting the intervenors' late-filed contentions did not dispose of a major portion of the case.
Hence, the order is not sufficiently final to be currently 8912040001 891114
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Whether or.not-our tentative view is correct, however,-is now largely academic, for.on November 13, 1989,.
the Licensing Board served its initial decision in this~
proceeding,;LBP-89-32, 30 NRC
..:Accordingly, the h
Licensing Board's earlier action rejecting the intervenors'-
low-power testing contentions is clearly appealable now as-part_of any_. appeal of.the initial decision.
As.a practical matter, therefore, we need.not definitively decide whether the Licensing Board's October. 12,.1989, order was appealable at an earlier time.
Similarly, the applicants' October 26 and November 1, 1989, motions to strike the notices of appeal also are effectively moot.
Further, the October 27, 1989,. Federal Register notice.
establishing this Appeal Board provides that we are to hear any appeals frem the " portion of this operating license proceeding concerned with the motions to reopen for consideration of low-power - testing contentions.
54 Fed.
Reg. 43,879-80.
Hence, regardless of precisely when the Licensing Board's action rejecting the low-power testing contentions became reviewable, this Board was designated to hear the appeal of those issues.
In the circumstances, no useful purpose would be served by having the intervenors l-file new appeal notices and we shall deem the notices already filed as adequate for purposes of appealing the Licensing Board's rejection of the low-power testing contentions.
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All appellant briefs shall be filed in accordance with b' t.
p Lthe briefing schedule. contained in-10 C.F.R. S 2.762(b) u
' with the-briefing: time starting to run with the service date
~
of this order.. We encourage all the appellants to confer with one another and file a single brief if at all
-practicable.
The applicant'and the NRC staff shall each 1
H
_ file a single responsive brief in'accordance with the a
timetable set forth in 10 C.F.R. S 2.762(c).
It is so ORDERED.
l FOR THE APPEAL BOARD 1
w _ L -,j h pryg l1Y &
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- Barbara A. Tompkins Secretary to the Appeal Board l
l } --
1 In order to avoid any possible confusion, we wish to i
emphasize that nothing in this order should be construed to alleviate the obligation of any party to take all necessary steps to protect its appellate rights with respect to any issues other than the Licensing Board's rejection of the intervenors' low-power testing contentions.
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,a UNITED STATES OF' AMERICA
. NUCLEAR REGULATORY COMMISSION
'i Inithe Matter of l
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PUBLIC SERVICE COMPANY 0F._NEW l
Docket No.(s) 50-443/444-OL-1 9
HAMPSHIRE,=ET AL.
1 (Seabrook Station, Units 1.and 2)
I i
i CERTIFICATE =OF SERVICE I hereby certify that copies:of the forego'ing AB. ORDER DTD 11/14/09
.have been served upon the following persons by U.S.' mail first class, except i
4
-as otherwise noted and in accordance 'with the requirements ci'10 CFR Sec. 2.712.
l Administrative Judge-Administrative Judge
+
Alan S. Rosenthal Chairman Thomas S. Moors i
Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commissicn U.S.: Nuclear Regulatory Commission-Washington, DC 20555 Washington, DC 20555 Administrative Judge Howard A. Wilber Administrative Judge Atomic Safety and Licensing Appean Peter B. Bloch, Chairman Board:
Atomic Safety and Licensing-Board LU.S. Nuclear. Regulatory Ccmoission U.S. Nuclear Regulatory Commission Ji Washington, DC '20555; Washington, DC 20555 Administrative Judge Administrative Law Judge Jerry Harbour Ivan W.~Emith Atomic Safety and Licensing Board Atomic Safety and Licensing Board l.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 y
Administrative Judge Edwin J. Reis, Esq.
l Emmeth A. Luebke Office of the General Counsel l
5500 Friendship Boulevard, Apt. 1923N U.S. Nuclear Regulatory Commission L
Chevy Chase, MD 20815 Washington, DC 20555 L
Diane Curran, Esq.
Thomas G. Dignan, Jr., Esc.
Harmon, Curran & Tousley Ropes & Gray 2001 S Street, N.W., Suite 430 One International Place
[
Washington, DC 20009 Boston, MA 02110 a
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ip
,e:
Docket No.(slG0-443/444-OL'-a AB ORDER DTD 11/14/09 4
4 1
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- Robert A. Backus, Esc.
Paul.
McEachern Esq.
Backus, Meyer &: Solomon Shatnes & McEachern 116 Lowell Street 25 Maplewood Avenue, P.O._ Box 360
- Manchester, NH' 03106~
Portsmouth, NH 03801-e Gary W.
Holmesi 'Esq.
Barton-Z. Cowan. Esq.
Holmes & Ells Eckert, Seamans. f:horin & Mellott t
47 Winnacunnet Road 600 Brent Street. 42 Floor
- ~
Hampton, NH 03842 Pittsburgh, PA 13219 s
Jane Doughty George W. Watson, Esq.
Seacoast Anti-Pollution League Federal Emergency Management Agency
- 5. Market Street 500 C Street, S.W.
- Portsmouth, NH- 03801 Washington, DC 20472 Edward A. Thomas George D. Bisbee, Esq.
Federal Emergency' Management Agency Assistant Attorney Generat 442.J.W. McCormack (PDCH)
Office of the Attorney General Boston, MA 02109 25 Capitol-Street Concord, NH 03301 Suzanne Breiseth John Traficante, Esq.
Board of Selectmen Chief, Nutlear Safety Unit Town of Hampton Falls Office of the Attorney General H
Drinkwater' Road One Ashburton Place, 19th Floor Hampton Falls, NH 03044 Boston, MA 02108 l
Matthew T. Brock, Esc.
Philip Ahrens, Esq.
j Assistant Attorney General Assistant Attorney General
?
Office of the Attorney General Office'of the Attorney General One Ashburton Place, 19th Floor State House Station, #6 Boston, MA 02100 Augusta, ME 04333 The Honorable Edward J. Markey, Chairman Richard A. Hampe, Esq.
ATTN: Linda Correia Hampe & McNicholas Subcommittee on Energy Conservation and 35 Pleasant Street Power Concord, NH 03301 House Committee on Energy and Commerce Washington, DC 20515 i.
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. Docket'No.lsiG0-443/444-OL-1
- AB ORDER DTD 11/14/89
'J.
P. Nadeau Allen Lampert Board-of Selectmen Civil Defense Director 10 Central Street-Town of Brentwood Rye, NH 03870
-20 Franklin Street Exeter, NH 03B33 Willian Armstrong Sandra Gavutis, Chairman Civil Defense: Director Board of Selectmen
- Town of Exeter-RFD #1 Box 1154
- 10. Front Street.
Kensington, NH 03827
. Exeter, NH 03033=
Calvin A. Canney Anne Goodman, Chairman City Manager-Board of Selectmen City Hall 13-15 Newmarket Road 126 Daniel Street Durham, NH- 03824
- Portsmouth, NH 03801 Peter-J. Matthews Board of Selectmen Mayor of Newburyport Town Hall - Friend Street City Hall
. Amesbury, MA 01913 Newburyport, MA 01950 R. Scott Hill-Whilton, Esquire Michael
-Santosuosso, Chairman Lagoulis, Hill-Whilton & McGuire
. Board of Selectmen 79 State Street South Hampton, NH 03827 Newburyport,, MA 01950 Stanley W. Knowles, Chairman The Honorable Board of Selectmen Gorden J. Humphrey
-l P.O.' Box 710 ATTN Janet Cnit North Hampton, NH 03862 United States Senate Washington, DC 20510 Dated at Rockville, Md. this 14 day of November 1989
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Offic of the Secretary of the Commission
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