ML19332D483
| ML19332D483 | |
| 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-#489-9445 ALAB-924, LBP-89-32, OL, NUDOCS 8912040031 | |
| Download: ML19332D483 (7) | |
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-;C UNITED STATES OF AMERICA
@$If NUCLEAR REGULATORY-COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD 19 N!N 14 P4 :07 Administrative Judges:
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Paul Bollwerk, III, Chairman November 14,iiN thu
-Alan S. Rosenthal Howard A.
Wilber WED NOV t 51989
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In the Matter of
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PUBLIC SERVICE COMPANY OF.
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Docket Nos. 50-443-OL NEW HAMPSHIRE, 31 al.
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50-444-OL
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(Offsite Emergency (Seabrook Station, Units 1
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Planning Issues) and 2)
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)
ORDER Pending before this Board is the motion of intervenors Massachusetts Attorney General, Seacoast Anti-Pollution League, and the New England Coalition on Nuclear Pollution to vacate that portion of the Licensing Board's November 9, 1989 final partial initial decision, LBP-89-32, 30 NRC which authorized.the issuance of an operating license for the Seabrook Station.
In that decision, the Licensing Board declared it did not find that our decision in ALAB-924, 30 NRC (Nov.
7, 1989), constituted a-bar to that authorization and stated it would provide a memorandum explaining its reasoning.
LBP-89-32, slip op. at 569 n.87.
In their-motion, which was sent to us by rapifax during the late afternoon yesterday, the intervenors request that the applicants and the NRC staff be required to provide an expedited response to their motion to vacate so that a determination can be issued as soon as possible.
8912040031 891134 PDR ADOCK 05000443 0
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2 Although the intervenors make no reference-to 10 C.F.R.
- E 2.764(f), by virtue of this provision of the Rules of Practice-the Licensing Board's November 9 authorization to the NRC staff to. issue a full-power license for the Seabrook Station cannot become effective until the Commission has completed its "immediate effectiveness" review.
The most recent staff-projection-suggests that the Commission's effectiveness review should be scheduled for January 1990.
Egg Nov.
7, 1989 ' Letter from E. Reis to-Licensing Board, Attach. "New Hampshire Yankee Seabrook Project Integrated Readiness Activities Schedul,e."
Further, upon inquiry the Licensing Board has indicated that it contemplates issuing its memorandum within two weeks.
In this light, our. consideration of intervenors' motion can and should await the Licensing Board's promised explanation of the reasons why licensing authorization is appropriate, which undoubtedly will' include some explanation-of the relevance of 10=C.F.R.
5 50.47 (c) (1).
Accordingly, to ensure a timely resolution of intervenors' motion, no later than the eighth day following the date of issuance of the Licensing Board's explanatory memorandum,' the l.
intervenors shall file with this Board and have in the hands of counsel for the applicants and the NRC staff a supplement to their motion.
That supplement shall address the validity of the reasons provided by the Licensing Board in support of its In this regard, we assume that service of the Licensing Board's memorandum will place it in the hands of counsel for the L
intervenors on the day following issuance.
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conclusion that ALAB-924 does not stand in the way of the authorization of a full-power license.
Thereafter, no later than Tthe eighth day following ' their receipt of' intervenors'
- supplement, the applicants and the NRC staff shall file with this Board and have in the hands of counsel for'the intervenors their
. answer to the pend ng mot on to vacate and any supplement i
i thereto.
It is.so ORDERED.
FOR THE APPEAL BOARD m..> #A= L a Barbara A. Tompkins Secretary to the Appeal Board l.
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UN11ED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
-In the Matter of I
I PUBLIC SERVIC~E COMPANY OF NEW
-1 Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL.
l (Seabrook Station ~, Units t and 2) 1 I
L l-CERTIFICATE OF SERVICE l
El hereby certify that copies of the foregoing AB ORDER DTD 11/14/89 L
have been' served upon the following persons by U.S. mail, first classi except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge 1
Administrative Judge G. Paul
.Bollwerk, Ill i. Chairman Alan S. Rosenthal L
Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal l
Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge i
Howard A. Wilber Atomic Safety and Licensing Appeal Administrative Law Judge Ivan W. Smith, Chairman Board U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555
=
Washington, DC-20555
. Administrative Judge Richard F. Cole Administrative Judge Kenneth A. McCollem Atomic Safety and Licensing Board Atomic Safety and Licens!ng Board i
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 10555 Washington, DC 20555 Robert R.. Pierce, Esquire Administrative Judge Jamec H. Carpenter Atomic Safety and Licensing Board Alternate Technical Member U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Edwin J. Reis, Esc.
Mitzi A. Young Office of the General Counsel Attorney U.S. Nuclear Regulatory Commission Office of the Ger.eral Counsel Washington, DC 20:55 U.S. Nuclear Regulatory Commission Washington, DC 20555 t
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. Docket No.(s)50-443/444-OL AB ORDER DTD 11/14/B9 4
- Diane Curran, Esc.
- Thomas G. Dionen, Jr., Esc.
Harmon, Curran & Tousley Ropes & Gray 2001 S Street, N.W., Suite 430 One International Place Washington, DC 20009 Boston, MA 02110
- Robert A. Backus, Esq.
Paul McEachern, Esq.
Backus, Meyer & Solomon Shaines & McEachern 116 Lowell Street 25 Maplewood Avenue, P.O. Box 360 Manchester, NH 03106 Portsmouth, NH 03901 Gary W. Holmes, Esq.
Judith H. Mitner Holmes & Ells.
47 Winnacunnet Road Silverglate, Gernter, Baker, Fine, Good and Mitzner Hampton, NH 03B42 BB Broad Street Boston, MA 02110 Barbara J. Saint And.e, Esc.
Jane Doherty Kopelman and Paige,-P.C.
77 Franklin Street Seacoast Anti-Pollution League 5 Market Street Boston, MA 02110 Portsmouth, NH 03901 George W. Watson, Esq.
Ashed N. Amirian, Esq.
Federal Emergency Management Agency 376 Main Street 500 C Street, S.W.
Haverhill MA 01930 Washington, DC 20472 i
Edward A. Thomas George D. Bisbee, Esq.
Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (POCH)
Office of the Attorney General Boston, MA 02109 25 Capitol Street Concord, NH 03301 Suzanne Breiseth
- John Traficonte, Esc.
Board of Selectmen Chief, Nuclear Safety Unit Town of Hampton Falls Office of the Attorney General Drinkt.ater Road One Ashburton Place, 19th Floor Hampton Falls, NH 03944 Boston, MA 02109
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Docket No. (s)90-443/444-OL '
AB ORDER ~DTD 11/14/09 The Honorable Peter J.;Brann, Esc.
Eoxari J. harkey, Chairman Assistant Attorney General ATTNt Linda Correia Office of the Attorney General
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State House Statten, #6 Subcommittee on Energy Conservation and-Powar Augusta, ME 04333 House Committee on Energy and Commerce Washington, DC 2051b Richard A.-Hampe, Esc.
J. P. Nadeau Hampe & McNicholas Board.of Selectmen 35 Pleasant Street 10 Central Street Concord, NH 03301 Rye,-NH 03870 Allen -
Lamoert Wilitam Armstrong Civil Def ense Director Civil Defense Director Town of Brentwood Town of Exeter 20 Franklin Street 10 Front Street Exeter, NH 03033 Exeter, NH 03033 Sandra Savutis, Chairman
-Calvin A. Canney Board of Selectmen City Manager RFD 41 Box 1154 City Hall Kensington, NH 03827 126 Daniel :;reet Portsmouth, NH 03801 i-l Anne.
Goodman, Chairman William S. Lord Board of Selectmen Board of Selectmen 13-15 Newmarket Road Town Hall - Friend Street Durham, NH 03824 Amesbury, MA -01913 1
R. Scott Hill-Whilton Esquire Michael Santosuosso, Chairman Lagoulis, Hill-Whilton & McGuire L
Board of Selectmen 79 State Street L
. South Hampton, NH 03827 Newburypnet,, MA 01950 l~
Stanley W. Knowles, Chairman Norman C. Katner
[
Board of Selectmen Superintendent of Schools L
P.O. Box 710 School Administrative Unit No. 21 North Hampton, NH 03862 Alumni Drive Hampton, NH 03842
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.Decket'No.(s)50-443/444-OL AB,0RDER DTD= 11/14/09.
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Sandra F. Mitchell The Honorable i
Civil: Def ense Director.
Gordon J. Humphrey Town of Kensingten'
. ATTN Janet Colt Box 10. RRt.
United States Senate r
East =Kingston, NH 03827 Washington, DC ~20510
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Dated at Rockville, Md..this 15 day of NOV'aber 1999-y a------
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s g{g;,- j the B'CP'I'#Y-f the Commtenton ut
- Received faxed copy in addition to mailed copy.
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