ML19351A736
| ML19351A736 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/14/1989 |
| From: | Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#489-9614 OL, NUDOCS 8912270255 | |
| Download: ML19351A736 (5) | |
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t UNITED STATES OF AMERICA
'89 DEC 15 P3 :42 NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICENSINGAPPEALBOAl(Di.
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In the Matter of Docket Nos. 50-443 OL 50-444 OL PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, el al,.
Off-site Emergency Planning l
(Seabrook Station, Units 1 and 2)
NRC STAFF RESPONSE TO INTERVENORS' MOTION.FOR AN. EXTENSION OF TIME By motion of December 12, 1989, Intervenors jointly requested an exter.sion of time of some five and a half weeks until January 30, 1990, to file briefs on appeal of the Partial Initial Decision issued on November 9, 1989.
Under 10 CFR 5 2.762(b), the briefs on appeal are presently due on December 22,1989 some 30 days af ter the notices of appeal were filed.
Under 10 CFR 6 2.715a an adjudicatory board of the Comission may order parties who have substantially the same interest and raise substantially the same arguments to consolidate their briefs.
Under 10 CFR i 2.762(e) appeal briefs may not exceed 70 pages, absent good cause.
l Intervenors have now completed their filings to the Commission.
The holidays Intervenors mention all occur af ter the subject filing is due.
These Intervenors have cooperated in the past in presenting evidence and l
arguments in this proceeding.
However, there is no question that some of the Intervencrs have been occupied in briefing matters to the Comission and the record upon which they seek to appeal is extensive.
Upon a weighing of these factors the NRC Staff would have no I
objection to granting these Intervenors a reasonable extension of three 8912270255 891214
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2 weeks (to January 12,1990) to file a consolidated brief of some 90 pages on this appeal.
A consolidated brief would create efficiency and allow the arguments of all the parties (and the consideration of the Appeal Board) to be more focused.
Because it would be a consolidated brief it would also be appropriate to increase the number of pages that may be submittedinsuchabriefbyabout25percentorto90pages.1/
For the above stated reasons the NRC Staff does not object to granting Intervenors an extension of time to January 12, 1990, file their brief on appeal, providing it is a consolidated brief of not more than 90 pages.
Respectfully submitted, Edwin J.
is Deputy Assistant General Counsel for Reactor Licensing Dated in Rockville, Maryland this 14th day of December,1989 1/
A page limitation of 90 pages is entirely reasonable, particularly since the sdditional time requested by Intervenors should afford them ample opportunity to refine and focus their arguments on appeal so as to exclude insignificant and minor issues.
Moreover, absent such a page limitation and requirement that Intervenors' briefs be consolidated, the Staff and Applicants will undoubtedly be compelled to respond to unnecessarily
- lengthy, complex and duplicative arguments, similar to the situation which arose in connection with Intervenors' appeals from the Partial Initial Decision on the NHRERP (LBP-88-32).
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS$10N
'89 DEC 15 P3 :43 BEFORE THE ATOMIC SAFtTY AND LICENSING APPEAL BOARD,s, ; *
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Docket Nos. 50-443 OL
$0-444 OL PUBLIC SERVICE COMPANY OF l
NEW HAMPSHIRE, g g.
lSeabrouk Station, Units 1 and 2 i
i gRTIFICATEOFSERVICE I hereby certify that copies of "NRC RESPONSE TO INTERVENORS' MOTION FOR AN EXTENSION OF TIME" 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, through deposit in the Nuclear l
Regulatory Comission's internal mail system, or as indicated h
IvanW. Smith,Chairnan(2)*
H. J. Flynn Esq.
Assistant General Counsel Administrative Judge Atomic Safety and Licensing Board Federal Emergency Management U.S. Nuclear Pegulatory Commission Agency Washington, DC 20555 500 C Street, SW Washington, DC 20472 Richard F. Cole
- i Administrative Judge Calvin A. Canney Atomic Safety and Licensing Board City Hall U.S. Nuclear Regulatory Comission 126 Daniel Street Washington, DC 20555 Portsmouth, NH 03801 Kenneth A. McCollom **
John Traficonte. Esq.**
Administrative Judge Assistant Attorney General Office of the Attorney Central 1107 West Knapp Street Stillwater, OK 74075 One Ashburton Place, 19th Floor Boston, MA 02108 Diane Curran, Esq.**
Hannon, curran & Tousley Geoffrey Huntington, Esq.**
Assistant Attorney General 2001 S Street, NW Office of the Attorney General Suite 430 Washington, DC E0009 25 Capitol Street Concord, NH 03303 Philip Ahrens Esq.
Assistant Attorney Ceneral Office of the Attorney General State House Station Augusta, ME 04333
2
'T Robert A. Backus, Esq.**
Peter J. Matthews, Mayor Backus, Meyer & Solomon City Hall 3
116 Lowell Street Newburyport, MA 01950 Manchester, NH 03106 Mrs. Anne L. Goodman, Chaiman Paul McEachern, Esq.**
Board of Selectmen Shaines & McEachern 13-15 Newmarket Road 25 Maplewood Avenue Durham, NH 03824 Portsmouth, NH U3801 Hon. Gorcen J. Humphrey Candra Gavutis,. Chaiman Unites States Senate i
Board ot' Selectmen 531 Hart Senate Office Building NFD #1, Box 1154 Washington, DC 20510 Kensington, NH 03827 Barbara J. Saint Andre, Esq.
William S. Lord Kopelman & Paige P.C.
Board of Selectmen 77 Franklin Street Town Hall. Friend Street Boston, MA 02110 R. Scott Hill-Whilton, Esq.
Michael Santosuosso, Chairman L6pou11s, Clark Hill-Whilton Board of Selectmen
& McGuire South Hampton, NH 03827 79 State Street Newburyport, MA 01950 Ashod N. Amirian, Esq.
Iown Counsel for Merrimac Allen Lampert 145 South Main Street Civil Defense Director P.O. Box 38 Town of Brentwood Bradford, MA 01835 William Armstrong Richard R. Donovan Civil Defense Director Federal Regional Center Town of Brentwood Federal Emergency Management Agency 20 Franklin 130 228th Street, S.W.
Exeter, NH 03833 Bothell, Washington 98201-9796 Gary W. Holmes, Esq.
Robert R. Pierce, Esq.*
Holmes & Ellis Atomic Safety and Licensing 47 Winnacunnet Road Board Panel Hampton, NH 03842 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 1
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thomas G. Dignan, Jr., Esq.**
Ms. Suzanne Breiseth t
Robert K. Gad, 111. Esq.
Board of Selectmen Ropes & Gray Town of Hampton Falls One International Place Drinkwater Road i
Boston, MA 02110 Hampton Falls, NH 03844 J.P. Nadeau Atomic Safety and Licensing Board of. Selectmen Board (1)* '
10 Central Street U.S. Nuclear Regulatory Comission Rye, NH 03870 Washington, DC 206b5 Judith H. Mirner, Esq.
Atomic Safety and Licensing
/W State Street Appeal Panel ~(6)*
Newburyport MA 01950 U.S. Nuclear Regulatory Comission Washington, DC 205bb Robert Carrigg Board of Selectmen Office of the Secretary (2)*
lown Office U.S. Nuclear Regulatory Comission.
Atlantic Avenue Weshington, DC 206bb North Hampton, NH 03862 Attn: Docketing and Service Section 4
Edwin J. R s Deputy 1stant General Counsel for ctor Licensing 4
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