ML20006A213
| ML20006A213 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/19/1990 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#190-9707 LBP-89-32, OL, NUDOCS 9001250460 | |
| Download: ML20006A213 (5) | |
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UNITED STATES OF AMERICA
'90 # y p4:36 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC (AFETY AND LICENSING AP exoct or SECRE M%
In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEWHAMPSHIRE,etal.
Offsite Emergency Planning (Seabrook Station Units 1 and 2)
NRC STAFF RESPONSE 10 MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT By motion dated January 17, 1989, the Massachusetts Attorney General, asked the Appeal Board to grant it permission to file a brief in excess of l
the 70 page limit in 10 C.F.R. $ 2.762(e) in support of his appeal of the l
Licensing Board's decision in LBP-89-32, 30 NRC (Nov. 9, 1989).
That decision authorized the Director of Nuclear Reactor Regulation to issue a fullpowerlicenseforSeabrook.II The grounds asserted by Mass AG do not constitute good cause to increase the page limit set forth in 10 C.F.R. I 2.762(e).
Mass AG's 1/
The Appeal Board previously rejected the Staff's suggestion that L
intervenors in the Seabrook proceeding file a consolidated brief of
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appproximately 90 pages in length when the Board granted the December
'12, 1989 motion of the Mass AG, Seacoast Anti-Pollution League, New England Coalition on Nuclear Pollution, City of Newburyport. Town of Newbury. Town of West Newbury. Town of Amesbury, and Town of Salisbury ("Intervenors") for an extension of time to file their briefs on appeal.
Order, December 15,1989, at 2-4; see NRC Staff
Response
to Intervenors' Motion for an Exten: ion of Time.
December 14, 1989.
Each intervenor filed a separate notice of appeal regarding LBP-89-32.
l.
The Town of Hampton also " joined" in the December 12 request for extension, by letter dated December 14, 1989, but was not listed in the Appeal Board's order.
l-9001250460 900119 i
$DR ADOCK 05000443 PDR
v N claim that approximately 125 pages are necessary to brief, the issues it says it wishes to brief, is unsupported.
The only reason given is a bald claim that "The Mass AG is unable to fully present his arguments of [the issues he seeks to brief] within the allotted 70 pages because of the numerous separate issues involved." No detail is provided.
In accordance with the Appeal Board's December 15, 1989 ruling, Intervenors could potentially file some 560 pages (or 630 pages, if the Town of Hampton is included; see note 1, supra) of appellate briefs.
There is no reason to permit any individual intervenor in this proceeding to file a brief that exceeds the 70 page limitation set out in the Comission's regulations.
Thus, the Mass AG has failed make 6n edequate showing, as directed by the Appeal Board in note 3 of its December 15 Order, why the extension should be granted.
The Staff, as well as the Applicant, should not be placed in the position of having to respond to materials that are unnecessarily voluminous.
Neither should the efficiency of decisionmaking by the Comission's adjudicatory boards be frustrated by permitting such a page increase.
The Mass AG should bear the burden of every appellant:
to carefully select within the confines of the page limit those issues of sufficient importance to warrant briefing on appeal.
As the motion does not provide good cause for allowing a relaxation of the page limit, the request should be denied.
Respectfully submitted, Mit A. Young Counsel for NRC Staff Dated at Rockville, Maryland this 19th day of January, 1990
COLKETED Y
U5NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD NM;My^k in the Matter of Docket Nos.
50-443 k Br<Aucy PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, g al.
Off-site Emergency Planning (Seabrook Station, Units 1 and S CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT" in the above captioned T
3 proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, or as indicated by double asterisks, by express mail, this 19th day of January 1990:
Ivan W. Smith, Chairman (2)*
H. J. Flynn, Esq.
Administrative Judge Assistant General Counsel Atomic Safety and Licensing Board Federal Emergency Management U.S. Nuclear Regulatory Commission Agency Washington, DC 20555 500 C Street, SW Washington, DC 20472 Richard F. Cole
- Administrative Judge Calvin A. Canney Atomic Safety and Licensing Board City Hall U.S. Nuclear Regulatory Commission 126 Daniel Street Washington, DC 20555 Portsmouth, NH 03801 Kenneth A. McCollom**
John Traficonte, Esq.**
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74075 One Ashburton Place, 19th Floor Boston, MA 02108 Diane Curran, Esq.**
Harmon, Curran & Tousley Geoffrey Huntington, Esq.**
2001 S Street, NW Assistant Attorney General Suite 430 Office of the Attorney General Washington, DC 20009 25 Capitol Street Concord, NH 03301 Philip Ahrens Esq.
Assistant Attorney General Office of the Attorney General State House Station Augusta ME 04333 n
y L'
!( Robert A. Backus. Esq.**
Peter J. Matthews6 Mayor j
Backus, Meyer & Solomon City Hall 116 Lowell Street Newburyport. MA 01950 Manchester, NH 03106 Mrs. Anne E. Goodman, Chairman Paul McEachern, Esq.**
Board of Selectmen
$haines & McEachern 13-15 Newmarket Road 25 Maplewood Avenue Durham, NH 03824 Portsmouth, NH 03801 Hon. Gordon J. Humphrey Sandra Gavutis, Chairman Unites States Senate Board of Selectmen 531 Hart Senate Office Building RfD #1, Box 1154 Washington, DC 20510 Kensington, NH 03827 I
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 Santosuusso, Chairman l
Lagoulis, Clark Hill-Whilton Board of Selectmen
& McGuire South Hampton, NH 03827 79 State Street Newburyport, MA 01950 Ashod N, Amirian, Esq.
Town 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, Washingtca 98201-9796 Gary W. Holmes, Esq.
Robert R. Pierce, Esq.*
o Holmes & Ellis Atomic Safety and Licensing 47'Winnacunnet Road Board Panel Hampton, NH 03842 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
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t' 3-Thomas G. Dignan, Jr., Esq.**
Ms. Suzanne Breiseth Robert K. Gad, III, Esq.
Board of Selectmen Ropes & Gray Town of Hampton Falls One International Place Drinkwater Road Boston, MA 02110 Hampton Falls, NH 03844 e
J.P. Nadeau Atomic Safety and Licensing Board of Selectmen Board (1)*
10 Central Street U.S. Nuclear Regulatory Commission Rye, NH 03870 Washington, DC 20555 Judith H. Mizner, Esq.
Atomic Safety and Licensing 79 State Street Appeal Panel (6)*
Newburyport, MA 01950 U.S. Nuclear Regulatory Commission Washington, DC 20555 Robert Carrigg i
Board of Selectmen Office of the Secretary (2)*
Town Office U.S. Nuclear Regulatory Commission Atlantic Avenue Washington, DC 20555 North Hampton, NH 03862 Attn: Docketing and Service Section M
Mitti M Young
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