ML20006A166
| ML20006A166 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/19/1990 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#190-9704 LBP-89-32, OL, NUDOCS 9001250395 | |
| Download: ML20006A166 (6) | |
Text
g - fh
- O lD January 19, p
41 Q
UNITED STATES OF AMERICA g
oxamo NUCLEAR kEGULATORY COMMISSION O
-2 B*' JAN 191990 J
Doccxma s t
before the trEVICE BLANCR j
/-
ATOMIC SAFETY AND LICENSING BOARD g
j
]
sunmac j
APPEAL BOARD 4
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
Off-site Emergency (Seabrook Station, Units-1 and 2)
)
Planning Issues
)
)
APPLICANT 8' RESPON8E TO " MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR LEAVE TO FILE AN APPEAL BRIEF IN EXCESS OF 70 PAGES" Under date of January 17, 1990, the Attorney General of 1
l The Commonwealth of Massachusetts (" Mass AG") filed a document entitled " Massachusetts Attorney General's Motion 1
for Leave to File an Appeal Brief in Excess of 70 Pages" (hereinafter " Motion").
In it Mass AG asks to expand his appellate brief by 55 pages, or nearly 80 percent.
The grant or denial of the motion is committed to the sound discretion of this Appeal Board.
In exercising that discretion, l
Applicants believe that the following matters should be l
considered.
1.
A motion to extend the length of an appellate brief must be based upon a showing of good cause.
No real " showing" has 9001200395 900119 "
l PDR ADOCK 05000443 1
g PDR DSW
r J
1 i
j f
I L.
I
'v i
been made beyond what amounts to a statement that Mase AG cannot meet the limit except allegedly by "present(ing) severly (sic) trunchted briefing on the issues in this proceeding."
~2.
Mass AG sought and obtained a similar extension from the Licensing Board, "only to misuse those additional pages to repeat his arguments under the pretext of addressing dif ferent issues,"' and to repeatedly attempt to raise new l
issues not within the scope of the litigation.'
3.
Mass AG's claim of need must also be viewed in the context of the fact that nine separate Intervenors have filed appeals from LBP-89-32.3 In theory, therefore, the Intervenors could file 630 pages of briefs, even without the extension sought by Mass AG.
Mass AG informs this Board that he has canvassed the eight other Intervenors as to what they intend to file, but he has chosen not to share the results of his inquiries, beyond the tepid statement that "the Intervenors are confident that the briefing that is being prepared will not overlap issue areas."
Motion at 1-2.
The 1
Public Service Comoany of New Hamoshire (Seabrook Station, Units 1 and 2), LBP-89-32, 30 NRC (Nov. 9, 1989),
slip op. at 34.
2 E E.,
- 14. at 298 n. 47, 425 n. 71.
3 In addition to Mass AG, the Seacoast Anti-Pollution League, the New England Coalition on Nuclear Pollution, the City of Newburyport, and the Towns of Hampton, Amesbury, Newbury, 4
Salisbury, and West Newbury have each filed a Notice of Appeal. -
l
'c Staff and the Applicants would have's hard enough task to l
- respond to, and the Board to digest, more than 600 pages of Intervenor briefs.
Accordingly, absent any more fire l
information from Mass AG as to what the Intervenors intend to file, Mass AG simply has not made a sufficient showing that he needs 55 pages mors on top of the 630 already available.
t Respectfully submitted,
[
t WA ThtEEs G'. 'Dignan, Jr.
George H. Lewald Jeffrey P. Trout Ropes & Gray one International Place Boston, MA 02110-2624 (617) 951-7000 L 1 4
~
-e
e
+ ~ - "
~
L s,
900 It y
k gg 73 o d$Sf#
o t%ctcN 9
l 9
CERTIFICATE OF SERVICE H
I, Thomas G. Dignan, Jr., one of the attorneys for th h Applicants herein, hereby certify that on January 19, 1990, made service of the within document by telefaxing copies to the parties indicated by an asterisk and also by mailing
-copies thereof, postage prepaid, to:
- Alan S. Rosenthal, Chairman
- Howard A. Wilber i
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DJ 20555 Washington, DC 20555 Thomas S. Moore Mr. Richard R. Donovan Atomic Safety and Licensing Federal Emergency Management i
Appeal Panel Agency U.S. Nuclear Regulatory Federal Regional Center Commission 130 228th Street, S.W.
Washington, DC 20555 Bothell, Washington 98021-9796 Administrative Judge Ivan W.
H. Joseph Flynn, Esquire f
Smith, Chairman office of General Counsel Atomic Safety and Licensing Board Federal Emergency Management U.C. Nuclear Regulatory Agency Commission 500 C Street, S.W.
Washington, DC 20555 Washington, DC 20472 Administrative Judge Richard F.
George Dana Bisbee, Esquire Cole Associate Attorney General Atomic Safety and Licensing Board office of the Attorney General U.S. Nuclear Regulatory 25 Capitol Street Commission Concord, NH 03301-6397 Washington, DC 20555 Administrative Judge Kenneth A.
Judith H. Mizner, Esquire McCollom 79 State Street, 2nd Floor 1107 West Knapp Street Newburyport, MA 01950 Stillwater, OK 74075 Diane Curran, Esquire Robert R. Pierce, Esquire Andrea C. Ferster, Esquire Atomic Safety and Licensing Board Harmon, Curran & Tousley U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
Washington, DC 20555 Washington, DC 20009
1 Adjudicatory File
- Mitti A. Young, Esquire i
Atomic Safety and Licensing Edwin J. Reis, Esquire Board Panel Docket (2 copies)
Office of the General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 I
Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 j
Paul McEachern, Esquire
- John Traficonte, Esquire Shaines & McEachern Assistant Attorney General 25 Maplewood Avenue Department of the Attorney P.O.
Box 360 General Portsmouth, NH 03801 One Ashburton Place, 19th Fir.
Boston, MA 02108 Chairman Mr. Calvin A. Canney Board of Selectmen City Manager 95.Amesbury Road City Hall Kensington, NH 03833 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Hill-Whilton &
Washington, DC 20510 Rotondi (Attnt Tom Burack) 79 State Street l
Newburyport, MA 01950 Senator Gordon J. Humphrey Barbara J. Saint Andre, Esquire One Eagle Square, Suite 507 Kopelman and Paige, P.C.
[
Concord, NH 03301 77 Franklin Street l
(Attn Herb Boynton)
Boston, MA 02110 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 1
i e
p Ashod H. Amirian, Esquire Gary W. Holmes, Esquire 145 South Main Street Holmes & Ells P.O. Box 38 47 Winnacunnet Road Bradford, MA 01835 Hampton, NH 03842
- G.
Paul Bo11werk, III, Chairman Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Jack Dolan Federal Emergency Managenent Agency Region I J.W. McCormack Post Office &
Courthouse Building, Room 442 Boston, MA. 02109 George Iverson, Director N.H. Office of Emergency Management State House Office Park South 107 Pleasant Street Concord, NH 03301
/W XM6M Thomas G5 Dignan, Jr.
! -