ML19351A731
| ML19351A731 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/15/1989 |
| From: | Hagins E NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NEWBURY, MA, NEWBURYPORT, MA, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#489-9613 OL, NUDOCS 8912270241 | |
| Download: ML19351A731 (9) | |
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4; 1:L'L Yi: i Ut Uys.r UNITED STATED OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 CEC 15 P3 :43 ATOMIC SAFETY AND LICENSING APPEAL BOARQ;,
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Administrative Judges:
U ;R G.
Paul Bollwerk, III, Chairman December 15, 1989 Alan S. Rosenthal fj})
Howard A. Wilber
/5 SERVED DEC 14 1989
)
In the Matter of
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)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
(Seabrook Station, Units 1
)
(Offsite Emergency and 2)
)
Planning Issues)
(
)
ORDER i
We have before us the December 12, 1989 motion of intervenors Massachusetts Attorney General, the New England Coalition on Nuclear Pollution, the Seacoast Anti-Pollution League, the City of Newburyport, the Town of-Ne bury, the i
Town of West Newbury, the Town of Amesbury, and the Town of l
L Salisbury, seeking a thirty-nine day extension of the time l
within which to file their briefs in support of the pending l
appeals from the Licensing Board's November 9, 1989 partial initial decisica.1 Intervenors' motion represented that i
l LBP-89-32, 30 NRC Although they do not provide specific references, we assume that intervenors' motion is also intended to cover briefing for appeals from other matters set forth in their notices of appeal, including I
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2 while the applicants had no objection to their request, the NRC staff opposed it.
Because the motion appeared to warrant prompt consideration, we requested an expedited staff response.2 In its response, the staff states that it has no objection to affording intervenors a three-week extension of time to file a single, consolidated brief of no more than ninety pages.
We decline, however, to accept the staff's suggestion that intervenors be required to file.a single, 2 See our December 13, 1989 order (unpublished).
Twice previously, all parties to this proceeding have been advised that if they have reason to contact the Board by telecopier after 4:15 p.m.,
the end of the agency's official hours, they should advise the Appeal Panel's Administrative Secretary by 3:30 p.m.
A copy of intervenors December 12 motion was sent to the Board on that date by telecopier.
Notations made by the telecopier indicate it was transmitted beginning at 4:25 p.m., but the Board did not receive telephone notification either before or after it l
L was transmitted.
Because the Panel's telecopier is not L
routinely monitored after 4:15 p.m.,
and there was no advisory phone message from intervenors, it was only by l
happenstance that their motion was discovered on the l-telecopier almost an hour later.
Our previous directives were based upon the assumption l
that a pleading sent by telecopier (or special delivery) is l
one the party wishes the Board to consider promptly.
Having twice requested, apparently without effect, that the parties J
I assist us in this regard for transmissions made after regular business hours, we now advise the parties that failure to provide telephone notification will negate any claim for prompt consideration of a pleading.
With this l
warning, we again ask that if a party desires to bring a matter before the Board after official hours in a pleading sent by telecopier (or special delivery), it should ensure i
that the Panel Administrative Secretary is notified of this l
fact by telephone no later than 3:30 p.m.
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3 consolidated brief.
Putting aside the obvious logistical 1
problems involved in coordinating a single, lengthy filing among counsel for eight different parties who are located in two different states and the District of Columbia, we are unable to discern any compelling reason for now consolidsting parties who, up to this point in this lengthy proceeding, have been acting independently.
To the degree that such consolidation might avoid repetitious' arguments, as the staff notes intervenors previously have cooperated in presenting arguments and evidence.
With the expectation that such cooperation will continue, we direct that all counsel for intervenors consult among themselves during the briefing process for the purpose of avoiding, to the maximum extent possibic, duplicative arguments.3 -Appellants also are advised that, consistent with longstanding practice, any allegation of error by the Licensing Board that is not In this regard, we also direct that any intervenor motion for an enlargement of the 70 page limit on briefs established in 10 C.F.R.
S 2.762 (c) must be received by the Board, the applicants, and the staff no later than seven days prior to the time that the brief is due.
Given the number of intervenors involved and our directive to avoid duplication of issues, any page enlargement request must specify (1) the precise enlargement of the page limitation that is being sought, and (2) why the issues presented by that party cannot be adequately briefed in 70 pages or less.
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4-accompanied by an explanation of exactly why the Board is in error will be dismissed without further consideration.4 With respect to the length of any briefing extension, in the course of filing stay and related motions with the Commission concerning the effectiveness of the Licensing Board's authorization for full-power operation of the Seabrook Station, several of these intervenors have, at least to some extent, already assessed the importance of and briefed many of the issues they undoubtedly will present to us as part of the merits review.
As a result, an additional thirty days should be ample time for intervenors to prepare their briefs in this matter.
Intervenors note, however, that three holidays occur on business days during this period.
In the circumstances, we will extend the briefing period to encompass this time as well.
Accordingly, and for good cause shown, the motion is granted to the extent that the briefs of these intervenors are now due to be filed and served on or before January 24, 1990.
See ALAB-924, 30 NRC
, slip op, at 4 n.11 (Nov. 7, 1989).
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I It is~so ORDERED.
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POR THE APPEAL BOARD l
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Eleanor E. hag',Lng Secretary to the Appeal Board i
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ON!TED BiATES'0F'4MERICI.
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NUCLEAR REGULATORY COMM10SION j
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In"the-Matter oE
-i tt PUBLIC: SERVICE COMPANY 0F.NEW-I Docket No'.(s) 50-441/444-OL' i
b HAMPSHIRE,EETTAL.
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-(Seabrook Station,LUnite-tc:and 21 ;
l-CER.TIFICATE OF EERVICE..
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I hereby certify that copies of the foregoing AB Scheduling Order have been served upon the following persons.by U.S.' mall', first-class,.except j
-as otherwise noted and in accordance wtth the requirements-of-10 CFR Sec.'2.712h 4
g Administrative Judge
'Adannistrative. Judge G. Paul-Bollwerk', !!!', Chairman Alan S. Rosenthal.
Atomic Safety and Ltcensino'anpeal Atomic Safety and Licensing Appeal-Boarc-Board
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U.S. Nuclear Regulatory Commitston U.S. Nuclear Regulatory Commission Washington,-DC -20555 Washington, DC 20555 Administrative Judge.
Howard A'. Wilber Administrative Law Judge Atomic Safety and Licensing Appea!
Ivan W.
Smith, Chairman Board Atomic Safety and Licenstnq. Board U.S. Nuclear Regulatory: Commission U.S.. Nuclear Regulatory Commission Wa*.h t ng t on i. DC 20$55 Washington, DC 20555' Administrative Judge Administrative Judge Richara-F.. Cole
.kenneth A.
McCollom Atomic Safety and Licens.ng Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commit.st on U.S. Nuclear Regulatcry Commission Washington, DC 20555 Washington, DC 20555 Administrattve Judge
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Robert R. Pierce, Esquire James H. Carpenter V
Atomic Safety and Licensing Daard Alternate Technical Member U.S. Nuclear Regulatory Commission Atomic Safety and Licenntnq Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington. DC 20555 Edwin J.
Rets. Esq.
Mitzi A.
Young Office of the General Counsel Attorney U.S. Nuclear Regulatory Commission Uffice of the General Counsel Washinoton. DC 20555 U.G. Nuclear kequlatory t'amm i s s i on Washington. DC 20555
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-f>dcketlo.jsh,0-443/444-OL (in J4bLSchedulinnforder-H{
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. Diane Curran..Esa.-
T h o r.a s. G. - D i c n a n,' J r... E r o. -
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9 marmon,' Curran & Tousley Ropes & Gray 2001 S Street, N.W., Suite 430 10ne international Place W a s h i n o t on'. : DC 20009
- Doston, MA 02110 k
! Robert.A. Backusi Esa.
P'au l fMcEachern,Esq..
Backus, Meyer &; Solomon-Shaines k.McEachern 116 Lonel1 Street 25 Maplewood Avenue, P.O. Box 360 Manchester, NH 03106 Portsmouth. NH: 03001 Gary W.. Holmes, Eso.
Judith H.
Mitner
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Holmes 4' Ells-Counsel for'Newburyport 47 Winnacunnet Road 79 State Street Hampton,;NH 03842 Newburyport, MA 01950
-Barbara J.-Saint l Andre, Esq.
Jane Doherty Kopelman and Paige, P.C.
Seacoast Anti-Pollution-League 77JFranklin Street 5 Market. Street'
~ Boston,'MA 02110 Portsmouth, NH 03801 George W. Watson, Esq.
Ashod.N. Amirtan, Esc.
Federal Emergency Management Agency
.145 South Main Street, P.O.
Box 38 500 C Street, S.W.
Bracford, MA 01830 Washington, DC' 20472 Jack Dolan George D. Bisbee, Eso.
Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (PDCH)
-Office of the Attorney General Boston, MA- 02109 25 Capitol Street Concord, NH -03301 Suzanne Breisetn John Traficonte, Esq.
Board of Selectmen Chief, Nuclear Safety Unit Town of Hampton Falls Office of the Attorney General Drinkwater Road One Ashburten Place, 19th Floor Hampton Falls. NH 03844 Boston, MA 02100
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. Docl'et No. t v l 50 a4 3 / 44 4-(1.
AB Schedulino Order the Honorable Peter J.-Brann, Esq.
Edwarc J. Martey, Chairman 4
Assistant Attorney General-ATTN Linda Correia.
Office-of'the Attorney General Subcommittee on Energy Conservation end-h
' State House Station, #6 Power p
Augusta. NE 04333.
House Committee on Energy anc Commerce J
Washington, DC 20515 F-Richard'A. Hampe, Esq.
Allen Lampert Hampe~% NcNicholas Civil Defense Director-L35 Pleasant Street Town of Brentwood
' Concord, NH 03301 20 Franklin Street-Exeter, NH 03833 g
William Armstrong:
Sandra Gavutis, Chairman Civil Defente Director Board ot: Selectmen Town of Exeter RFD #1 Box 1154 I
L 10 Front Street Kensington, NH 03027 Exeter, NH 03833 l
Calvin A.
Canney Anne Goodman, Chairman t
Ci ty-Nanager Board of ' Selectmen City Hall 13-15 Newmarket Road 126 Daniel Street Durham, NH 03024 Portsmouth,-NH 03801 I
William S. Lcrd.
Board ef' Selectmen Nichael Santosuosso, Chairman Town Hall - Friend Street Board of Selectmen Amesbury, MA 01913 South Hampton, NH 03027 R. Scott Hill-Whilton, Esquire Stanley W. Knowles, Chairman Lacoulis, Hill-Whilton t< McGuire Board of Gelecteen I
79 State Street P.O.
Box 710 Newburyport,, MA 01950 Nort.h Hampton. NH 03862 Norman C. katner Sandra F. Mitchell Superintendent of Schools Civil Def ense Director School Administratsve Unit No. 21 Town of Lenstncton 41umnt Drive Box 10, RR1 Hampton, NH 03842 East Kingston, NH u3827
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