Intervenors Motion to Enjoin Board from Interference W/Court Appeal.* Requests to Enjoin Board from Conducting Further Proceedings Re ALAB-924 or from Unlawfully Interfering W/ Merits of Appeal of License.W/Certificate of SvcML20006A308 |
Person / Time |
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Site: |
Seabrook ![NextEra Energy icon.png](/w/images/9/9b/NextEra_Energy_icon.png) |
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Issue date: |
01/19/1990 |
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From: |
Backus R, Brock M, Curran D BACKUS, MEYER & SOLOMON, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
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To: |
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
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References |
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CON-#190-9709 ALAB-924, OL, NUDOCS 9001260105 |
Download: ML20006A308 (11) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
[Table view] |
Text
'
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i vln -
+ DOCKETED USNRC J i
UNITED STATES OF AMERICA _ _
NUCLEAR REGUIATORY- COMMISSION '90 JAN 22 P442
' ATOMIC SAFETY AND LICENSING APPEAL BOARD 0FFICE OF SECRETARY Before Administrative Judges: I'UU'Y}((;f du.vir[
'j G. Paul'Bollwerk, III, Chairman.
Alan S. Rosenthal Howard A. Wilber i 4
l
)
.In the Matter of .) Docket Nos. 50-443-OL
) 50-444-OL PUBLIC SERVICE COMPANY ) (Emergency Planning Issues) ,
OF NEW HAMPSHIRE, ET AL. )
_)
(Seabrook Station, Units 1 and 2) ) Janusry 19, 1990
)
i-INTERVENORS' MOTION TO ENJOIN LICENSING p
BOARD FROM INTERFERENCE'WITH COURT APPEAL The. Massachusetts Attorney General, Seacoast Anti-Pollution League, and New England Coalition on Nuclear Pollution
("Intervenors") hereby move the Appeal Board, pursuant to its supervisory. powers, to enjoin the SeabrookrLicensing Board from conducting further proceedings concerning ALAB-924, or from ~
otherwise unlawfully interfering with the merits of Intervenors' appeal of the authorization for a full power license for Seabrook Station, now pending before the Court of i Appeals. .In_ support of this motion, Intervenors state:
L
[ , l' l
5 900129 fjj2@OgK05000443 O
PDR l
1 *: ;.
_1) .On November 9, 1989 the Licensing Board issued-its b initial ~ decision, and authorized a full' power license for Seabrook Station. LBP-89-32.
2)' On December 4, 1989, Intervenors filed a Petition for Review of LBP-89-32 with the Court of Appeals for the District of Columbia. The Petition is still'pending. Intervenors seek a Court determination, inter ella, that the Licensing Board directly disobeyed the mandate of ALAB-924, that the Board's
' license authorization is illegal since the Board's approval of the-NHRERP, a necessary predicate for licensing, previously had been reversed and remanded'by the Appeal Board, that the Licensing Board lacked jurisdiction to authorize a license.
under these circumstances, and that Intervenors' orelicensina hearing rights regarding the remanded issues had been denied.
3), Subsequently the Commission has attempted, as yet unsuccessfully, to have the Petition dismissed.1/ Therefore, as a' matter of law, the NRC is bound.to give effect to the pending Fetition, and to ensure that this agency, absent express leave of the Court, refrains from interference with the-merits of Intervenors' appeal.
Once a petition to review has been filed in court, the FCC2/
1/ RESPONDENTS' MOTION TO DISMISS PETITION FOR REVIEW (Dec. 8, 1989).
2/ Like the NRC, final orders of the FCC are subject to judicial review pursuant to the Hobbs Act. 28 USC 52342.
v v.
i b* ~ 'e,
!;& I has no authoritysto conduct further proceedings without the Court 's: approval . - The reviewing court must order a remand
- if-there is to be provision for further administrative consideration.1/ o l
l
- 4) on January 11, 1990, the Licensing' Board issued a j N memorandum and' order which provided:
i I
The purpose of this memorandum and order is to provide interested parties an opportunity to advise the Board on I how to proceed in accordance with the directives of ALAB-924 and'how they propose to participate in the resolution of the remanded issues.A/ i 2/ Greater Boston Television Coro. v. FCC, 463 F2d 268, 283_ i (DC Cir. 1971), cert DAD 406 US 950, citing 28 U.S.C. 52347(c), '
o which provides:
(c) If a party to a proceeding to review applies to the L
court of appeals in which the proceeding is pending for i leave to adduce additional evidence and shows to the '
satisfaction of the court that -- !
e (1) the additional evidence is material;'and (2) there were reasonable grounds for failure to- .
adduce.the evidence before the agency; the court may l order the additional evidence and any counter evidence P the opposite party desires to offer to be taken by the agency. The agency may modify'its findings of fact, L or make new findings, by reason of the additional L
evidence so taken, and may modify or set-aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or.the order setting aside the original order.
I 1
Subsequent-to the filing of the December 4 Petition, no party has requested leave of the Court to adduce additional' evidence before the agency. Nor are there " reasonable' grounds" to warrant further evidence on-the record unless and until the license is revoked, and this fundamental illegality cured. Egg l also Anchor Line Limited v. FMC, 299 Fed. 124 (D.C. Cir. -
1962). (Once Petition for Review is filed, court does not
- ' condone failure of agency to seek leave of court, prior to conducting further proceedings.
1/ The memorandum and order is attached as Exhibit 1 to this motion.
4 ,- --
?h(
kf b; l$ l In a now. familiar-pattern,-the Licensing Board is acting beyond'its jurisdiction in a belated and unlawful attempt to-
~
alter the' record on review before the Court of Appeals. Having l l
p committed this' agency to final agency action by authorizing a; l l
full power license, the Licensing Board-is bound to the record, I however inadequate, that formed the basis for its decision..
Intervenors' are entitled to . Court review of that same record, which will demonstrate beyond peradventure that the Licensing Board violated the mandate of ALAB-924 and denied Intervenors' rights under the AEA to a prelicense hearing on-issues material to that license.E/
l 5/ The Commission previously contemplated that 10 CFR 5 50. 47 (c) (1) might cure this illegality. Egg RESPONSE TO l EMERGENCY PETITION FOR MANDATORY RELIEF AND TO PETITIONERS'_ I MOTION FOR CONSOLIDATION AND EXPEDITION at 15-16. Presumably, 1since the Licensing Board has now rejected three times 50.47(c) (1)'. as a basis ' for its _ licensing action, the Commission will reasonably conclude (c) (1) is irrelevant to this ,
proceeding.< Egg'Intervenors' SUPPLEMENTAL BRIEF IN SUPPORT OF
' THEIR NOVEMBER 13'AND DECEMBER 1, 1989 MOTIONS FOR MANDATORY l RELIEF att p3 n.2. The lack of a (c) (1) -fix for the Licensing ;
Board's errant ways was initially recognized by the Staff, NRC l STAFF RESPONSE TO INTERVENORS' REQUEST FOR HEARING ON THE-APPLICATION OF 10 CFR 550.57[ sic] (c) (1) TO THE NHRERP (Nov.
30, 1989) at- p2 -("The Licensing Board did not apply 50.47(c) (1) l to the remanded issues."), l 1
and by the Applicants.
The Appeal Board has directed the holding of further ]
proceedings which could result in the closure of the two year " graded exercise window" for Seabrook, which opened in June.of 1988. Only Commission review can avoid the
-" endless loop of litigation." APPLICANTS' PETITION FOR :
~ REVIEW OF ALAB-924 (Nov. 10, 1989) at 10. l Obviously the Applicants recognized (before their receipt of ;
LBP-89-32 on November 13) that the deficiencies in ALAB-924 '
were sianificant for the plant in question.
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t .
- r. ..
o'.:
(W)e:as a reviewing court are required-to base our decisihn on the record in the case, 133 5 USC 6706 (1970), not on
- the~ unstated considerations of Commission members ~or on 1 reasoning:or. argument advanced for the first. time on review. The Supreme Court has made clear that where, as here,1there was-a contemporaneous explanation given'for agency action,-the validity of that action must " stand or-fall on the propriety of that finding, by the appropriate standard of review. judged, If thatoffinding course,is not sustainable on the administrative record made, then the l
. matter (must be) remanded . . . for.further Econsideration."s/
'5) -Since further proceedings by the Licensing Board involving ALAB-924 have not been authorized by a Court,2/ and have not been agreed to by all parties,II the Licensing Board f/ U.S. Lines v. FMC, 584 F2d 519, 532 (DC Cir. 1978) citing Camo v. Pitts, 411-US 138 (1978).
L
' '1/ Intervenors' Motion to Revoke the license authorization is before the-Commission, and, as approved by the Court, represents a "pending administrative proceeding () or further '
agency action which might render the case moot and judicial review completely unnecessary." Commonwealth of Massachusetts, Docket-No. 89-1770, Order.(Jan. 3, 1990). By contrast, there is nothing pending before the Licensing Board concerning L
ALAB-924, or'otherwise, which could moot Intervenors appeal or cure the Board's illegal license authorization. Further proceedings before the Licensing Board would only confuse and distort the record on. review to.the Court of Appeals and interfere with-the appellate process.
'R/ The Supreme Court has approved further agency action, notwithstanding the pendency of court appeal, to the extent that that action does not interfere with proceedings in the
- Court of Appeals and where "(aill oarties concurred in the l Commission's decision to reopen the proceedings and to hold judicial review in. abeyance." US v. Benmar Trans & Leasina
. Corp.,.444 US 4, 5 (1979) (emphasis supplied); 331 also, Public L Service Comoany of-Indiana (Marble Hill Nuclear Generating 3 Station, Units'1 and 2), ALAB-493, 8 NRC 253, 258-259 (1978).
l-In~this case, the Licensing Board's alteration of the record on E review can only interfere with the Court's review of the I
decisional record authorizing licensing, see n. 6, supra, and
'is opposed by Intervenors.
L i.
, y . - - . .
s i g.
- g. -
. h-b' "mu^st be enjoined from'the further action' contemplated in its January 11 memorandum and order. '
- 6) Intervenors request that the Appeal Board rule-on this
' motion on or before January 26, 1990.M F
Respectfully. submitted, l SEACOAST ANTI-POLLUTION COMMONWEALTH OF MASSACHUSETTS LEAGUE JAMES M. SHANNON, ATTORNEY GENERAL i Robert A.-Backus, Esquire N\ Matthew T. Brock Backus,-Meyer & Solomon Assistant Attorney General.
116 Lowel1~ Street Nuclear Safety Unit P.O. Box 516 Department of the Attorney General Manchester, NH 03106 One Ashburton Place (603) 668-7272 Boston, MA 02108-1698 (617) 727-2200 NEW ENGLAND COALITION ON NUCLEAR POLLUTION U/b c LJR / W M Diane Curran,_ Esquire Harmon, Curran &-Tousley 2001 S Street, N.W.
Suite 430
- Washington,-DC 20009-1125
-(202)_328-3500
- DATED: January 19, 1989
~2/ By its Memorandum and Order, the Licensing Board has
- directed all parties to file responses concerning further 1
- proceedings on-ALAB-924, on or before February 1, 1990. I l
l I
i
[ 4 __E_ _ _ _ _ ' . _ __ __.___ _ ___ ____ ____ __
di; .
$55t5*
_ UNITED: STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 10 JAN 11 al:24 ATOMIC SAFETY AND LICENSING BOARD '
Before Administrative Judges:
f0C Eif BRANCH G A shvihrf' Ivan W. Smith, Chairman Dr. Richard F. Cole '
Dr. Kenneth A.:McCollom SERVED JAN i11990 In'the Matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443-OL NEW HAMPSHIRE, at al. 50-444-OL L
L (Seabrook. Station, (Offsite Emergency Units 1 and 2) Planning)
. ASLBP No. 82-471-02-OL January 11,_1990 MEMORANDUM AND ORDER
,' (Regarding Issues Remanded in ALAB-924) l- In ALAB-924, issued November 7, 1989, the Appeal Board remanded four issues on appeal from the Partial Initial Decision on the New Hampshire Radiological Emergency.
Response Plan1 to this Board for further consideration.
The purpose of.this memorandum and order is to provide l- to interested parties an opportunity to advise the Board on
'how to proceed in accordance with the directives of ALAB-L 924 and how they propose to participate.in the resolution of the remanded issues.
I 9p75f/fl~ W +:o LBP-88-32, 28 NRC 667 (1988). s gg1 , ,4ggQ
,;cdTY UMT l:.u. ..
~
EXHIBIT 1
1 l Parties shall file their comments and advice, not to exceed 20 pages, no later than February 1, 1990. Responses
'to comments may not exceed ten pages and shall be filed no later.than ten days following the service of comments. !
.In addition, the Applicants shall confirm that they j l
have honored their commitment respecting transportation. i needs for certain special facilities in Ryo and Exeter,.New Hampshire no-later than February 1, 1990. See ALAB-924, slip op. n. 72 at 70-71; LBP-89-33, slip op. n. I at 2.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
?.
' 2////9l Ivan W. Smith, Chairman o
. ADMINISTRATIVE LAW JUDGE
=Bethesda,: Maryland l
-January-11, 1990 .
p '
/ .
w- w
>;f
,. H ~.3 ,
4 L:0CKETED UNITED STATES OF AMERICA USNRC-NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY'AND LICENSING APPEAL BOARD T0 de 22 P4 43 Before Administrative Judges:
OFFICE 0F SECRETARY G. Paul'Bollwerk, Chairman 00CKEllNG & SERVICE BRANCH '
Alan S. Rosenthal .
j Howard A. Wilber '
i
)
In the Matter of ) Docket Nos.-50-443-OL i
) 50-444-OL j
-PUBLIC SERVICE COMPANY ) !
-OF.NEW HAMPSHIRE, ET AL. ) ;
)
(Seabrook Station, Units 1 and 2) i
) January 19, 1990 t
) I i'
CERTIFICATE.0F SERVICE I, Matthew T-Brock, hereby certify that on Janaury 19, 1990,
-I made service of the' enclosed INTERVENORS' MOTION TO: ENJOIN LICENSING BOARD FROM INTERFERENCE WITH COURT APPEAL via Federal Express as indicated by (*), and by first class mail to:
Ivan W. Smith, Chairman Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W. Knapp St.
L :U.S. Nuclear Regulatory Commission Stillwater, OK 74075 .'
j East: West Towers Building 4350 East West" Highway Bethesda, MD 20814 Dr. Richard F. Cole Robert R. Pierce, Esq.
Atomic Safety'& Licensing Board Atomic Safety & Licensing Board
-U.S.. Nuclear' Regulatory Commission U.S.. Nuclear Regulatory Commission East West Towers Building East West Towers Building l L
l
-4350 East West Highway 4350 East West Highway Bethesda,.MD 20814 Bethesda, MD 20814 ]
1 l
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J L
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1 T. -. l 1
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]
- U.S. Nuclear Regulatory Commission Ropes & Gray Washington, DC 20555 l
One International' Place j Boston, MA 02110 l l
- Mitzi A. Young,1Esq. Phillip.Ahrens, Esq. I i
Edwin J.-Reis, Esq.. Assistant Attorney General l U.S. . Nuclear Regulatory Commission Department of the Attorney General '
Office of the General Counsel Augusta, ME 04333 11555 Rockville Pike, 15th Floor Rockville, MD 20852 H. Joseph.Flynn, Esq. Atomic Safety & Licensing Assistant General Counsel Appeal Board Office.of General. Counsel- U.S. Nuclear Regulatory Commission Federal, Emergency Management -Washington, DC 20555 Agency 500 C Street, S.W.
.e Washington, DC. 20472 Robert A. Backus, Esq. Atomic Safety & Licensing Board Backus, Meyer & Solomon U.S. Nuclear Regulatory Commission 116 Lowell Street Washington, DC 20555
.P.O. Box 516 Manchester,.NH' 03106 Jane Doughty- Diane Curran, Esq.
Seacoast Anti-Pollution League Harmon, Curran & Towsley Five Market Street Suite 430
.Portsmouth, NH 03801 2001 S Street, N.W.
i Washington, DC 20008 Barbara St. Andre, Esq. Judith Mizner, Esq.
Kopelman & Paige, P.C. 79 State Street 77' Franklin Street Second Floor Boston, JUL 02110 Newburyport, MA 01950 Charles P. Graham, Esq. R. Scott-Hill-Whilton, Esq.
Murphy & Graham Lagoulis,, Hill-Whilton & Rotondi 33 Low Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950 Ashod N. Amirian,.Esq. Senator Gordon J. Humphrey 145 South Main Street U.S. Senate P.O. Box 38 Washington, DC 20510 Bradford, MA 01835 (Attn: Tom Burack)
Senator Gordon-J. Humphrey John P. Arnold, Attorney General One Eagle Square, Suite 507 Concord, NH 03301 Office of the Attorney General 25 Capitol Street (Attn: Herb Boynton) Concord, NH 03301
'6. ,
... c.-
Paul'McEachern,;Esq. William S. Lord Shaines'& McEachern Board of Selectmen 25 Maplewood Avenue Town Hall - Friend Street Portsmouth, NH 03801P.O. Box 360 Amesbury, MA 01913
- Alan S..Rosenthal Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission.
Washington, D.C. 10555 Washington, D.C. 10555
Appeal Board Region i U.S. Nuclear Regulatory Commission J.W. McCormack Post Office &
Washington, D.C. 10555 . 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 ;
Respectfully submitted, i JAMES M. SHANNON ATTORNEY GENERAL Matthew T. Brock
~~
Assistant Attorney General Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated: January 19, 1990 L L i.
_______ ____.___ 1 . _ _ _ _ _ _ _ _ .