ML20006C458
| ML20006C458 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/30/1990 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#190-9773 LBP-89-32, LBP-89-33, OL, NUDOCS 9002080064 | |
| Download: ML20006C458 (7) | |
Text
7773 DOCKETED usNRC UNITED STATES OF AMERICA
% AN 30 P4 :02 NUCLEAR REGULATORY COP 911SSION
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BEFORE THE COMMISSION In the Matter of Docket Nos. 50-443-OL PUBLIC SERVICE COMPANY OF 50-444-OL NEW HAMPSHIRE, ej al.
Offsite Emergency Planning (Seabrook Station, Units 1 and 2)
NRC STAFF RESPONSE TO INTERVENORS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF Mitzi A. Young Counsel for NRC Staff January 30, 1990 of0j@OCK03o99443 064 9001ao O
I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
+
BEFORE THE COMMISSION I
In the Matter of Docket Nos. 50-443-OL PUBLIC SERVICE COMPANY OF 50-444-OL NEWHAMPSHIRE,etal.
Offsite Emergency Planning (SeabrookStation, Units 1and2) l NRC STAFF RESPONSE TO INTERVEN0RS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF Mitzi A. Young Counsel.for NRC Staff January 30, 1990 l
UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COP 94ISS10N l
BEFORE THE COMMISSION i
i In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, et M.
Offsite Emergency Planning (Seabrook Station, Units 1 and 2) j i
NRC STAFF RESPONSE TO INTERVENOR$'
MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF i
By motion dated January 16, 1989, the Massachusetts Attorney General, the Seacoast Anti-Pollution League and the New England Coalition on Nuclear Pollution ("Intervenors") asked the Comission to grant them permission to file a supplement to their brief supporting the motion that the Licensing Board's decision in LBP-89-32, 30 NRC _ _ (Nov. 9, 1989), be revoked and vacated insofar as it authorized the Director of Nuclear Reactor Regulation to issue a full power license for Seabrook.1/
The Motion is contrary to the terms of the Commission's Order of November 16,1989 (unpublished),.as amended, 2/ and should be rejected.
Therein, the Commission set forth a schedule based on the issuance of the 1
Licensing Board's explanatory memorandum in LBP-89-33, 30 NRC (Nov.20, 1/
Intervenors' Motion for Leave to File a Supplemental Brief in Support of Their November 13 and December 1, 1989 Motions for Mandatory Relief, January 16, 1990
(" Motion").
Appended to the Motion is "Intervenors Supplemental-Brief in Support of Their November 13 and December 1,1989 Motions for Mandatory Relief," dated January 16, 1990
("Brief").
2/
Order, November 21, 1989 (unpublished); Order, November 22, 1989 (unpublished).
1989), for, among other things, (a) Intervenors to file a " supplement" to their November 13, 1989 motion seeking revocation of the Seabrook full power license authorization, 3/ and (b) responsive filings by Applicants and Staff.
The Commission expressly provided that "no further replies to answers will be considered" regarding Intervenors' request for revocation of the LBP-89-32 license authorization.
November 16 Order at 2-3.
The Comission thus made it clear that no further filings would be permitted.
The Brief accompanying the Motion also fails to set forth a sufficient basis to justify the additional filing.
Contrary to Intervenors' assertion (Motion at 2; Brief at 2-6), the Licensing Board's Order undermines neither the license authorization in LBP-89-32 or the rationale in LBP-89-33 that supports the full power license authorization,O AstheAppealBoardastutelyobserved,"[T]heLicensing Board's January 11 order is essentially a request for views and coments from the parties."
Order, January 24,1990 (unpublished).
The Board's request for coments provides no basis for additional filings before the Commission. Accordingly, the Motion should be denied.
Respectfully submitted.
M4Af M11 zi
. Young Cotesel for NRC Staff Dated at Rockville, Maryland this 30th day of January,1990 3/
Intervenors Motion to Vacate Those Portions of LBP-89-32 Authorizing Issuance of a Seabrook Operating License, November 13, 1989.
4/
Nor does the Licensing Board's Order give rise to the inference that it is " acknowledging that Intervenors' prelicensing hearing rights J
were denied on November 9, 1989," Motion at 3.
"u's%'c'*
'90 JAN 30 P4 :02 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0 MIS $10N nlCE GF SECRCIARY OCK[ ling & S[hVIC[
BEFORE THE COMMISSION M ANCH In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, et al.
Offsite Emergency Planning (Seabrook Station. Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENORS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRtrF" on 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, by deposit in the Nuclear Regulatory Commission's internal mail system, or as indicated by double asterisks, by express mail this-30th day of January, 1990:
IvanW. Smith, Chairman (2)*
Thomas G. Digran, Jr., Esq.**
Administrative Judge Robert K. Gad, III, Esq.
Atomic Safety and Licensing Board Ropes & Gray U.S. Nuclear Regulatory Comission One International Place Boston, MA 02110 Richard F. Cole
- Administrative Judge Geoffrey Huntington, Esq.**
Atomic Safety and Licensing Board Assistant Attorney General U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, DC 20555 25 Capitol Street Concord, NH 03301 Kenneth A. McCollom**
Administrative Judge Mrs. Anne E. Goodman, Chairman 1107 West Knapp Street Board of Selectmen Stillwater, OK 74075 13-15 Newmarket Road Durham, NH 03624 Philip Ahrens Esq.
Judith H. Mirner, Esq.
Assistant Attorney General 79 State Street Office of the Attorney General Newburyport, MA 01950 State House Station Augusta, ME 04333 Robert Carrigg, Chairman Board of Selectmen John Traficonte. Esq **
Town Office Assistant Attorney General Atlantic Avenue Office of the Attorney General North Hampton, NH 03862 One Ashburton Place, 19th Floor Boston, MA 02108
i r
2 I
Diane Curran, Esq Harmon, Curran & Tousley 2001 $ Street, NW Hon. Gordon J. Humphrey Suite 430 United States Senate l
Washington, DC 20009 531 Hart Senate Office Building Washington, DC 20510 Calvin A. Canney City Hall Peter J. Matthews, Mayor 126 Daniel Street City Hall Portsmouth, NH 03801 Newburyport, MN 01950 Allen Lampert Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Brentwood South Hampton, NH 03827 20 Franklin Exeter, NH 03833 Ashod N. Amirian, Esq.
Town Counsel for Merrimac William Armstrong 145 South Main Street Civil Defense Director P.O. Box 38 Town of Exeter Bradford, MA 01835 10 Front Street Exeter, NH 03833 Robert A. Backus, Esq.**
l Packus, Meyer & Solomon i
Gary W. Holmes. Esq.
116 Lowell Street Holmes & Ellis Manchester, NH 03106 47 Winnacunnet Road Hampton, NH 03842 Paul McEachern, Esq.**
Barbara J. Saint Andre, Esq.
Shaines & McEachern Kopelman & Paige, P.C.
25 Maplewood Avenue 77 Franklin Street P.O. Box 360 l
Boston, MA 02110 Portsmouth, NH 03801 R. Scott Hill-Whilton, Esq.
Sandra Gavutis, Chairman Lagoulis, Clark, Hill-Whilton Board of Selectmen
& McGuire RF0#1, Box 1154 79 State Street Kensington, NH 03827 Newburyport, MA 01950 H.J. Flynn, Esq.
Assistant General Counsel Federal Emergency Management Agency 500 C Street, S.W.
Washington, DC 20555
William S. Lord George Hahn, Esq.
Board of Selectmen Attorney for the Examiner Town Hall - Friend Street Hahn & Hesson Amesbury, MA 01913 350 Sth Ave, Suite 3700 New York, NY 10118 l
Atomic Safety and Licensing Board Atomic Safety and Licensing Panel (1)*
Appeal Panel (6)*
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 OfficeoftheSecretary(16)*
George Iverson, Director U.S. Nuclear Regulatory Commission N.H. Office of Emergency Management Washington, DC 20555 State House Office Park South Attn: Docketing and Service Section 107 Pleasant Street Concord, NH 03301 K
fon)
~Mitzt A.JYoung
/
Coun kl for NRC Staff i
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