ML20006C493

Seacoast Anti-Pollution League Objection to Applicant Motion of 900126.* Motion Considered Frivalous & Should Be Denied. Svc List Encl

ML20006C493
Person / Time
Site:	Seabrook
Issue date:	01/02/1990
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
References
CON-#190-9798 ALAB-924, LBP-89-32, LBP-89-33, OL-1, NUDOCS 9002080120
Download: ML20006C493 (5)

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DOCKETED February 1, RM.

UNITED STATES OF AMERICA j

NUCLEAR REGULATORY COMMISSION

% EB -6 P4 :19 ATOMIC SAFETY AND LICENSING BOARD OFFICE 0F SECRETARY DOCKL TING A Stitvici' Before Administrative Judges:

BRANCH

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Ivan W.

Smith, Chairman Richard F. Cole Kenneth A. McCollom gd/

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Docket No. 50-443-OL-1 In the Matter of

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(Off-site Emergency i

PUBLIC SERVICE COMPANY OF

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Planning and~ Safety OF NEW HAMPSHIRE, et al.

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(Seabrook Station, Unit 1

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SEACOAST ANTI-POLLUTION LEAGUE'S OBJECTION i

TO APPLICANTS' MOTION OF JANUARY 26. 1990 l

On January 26, Applicants filed a pleading styled " Motion to Dismiss Abandoned Remand Issues" in'which'the Applicants attempt to totally negate the order of the Appeal Board,--which " reversed-and remanded" four issues arising out the NHRERP litigation, on the theory that SAPL has abandoned the issues.

The motion is frivalous, and should be denied.

First, at no time has SAPL indicated any intention to

" abandon" the remanded issues.

All,SAPL has indicated, in its letter of January 19, is that, as one party to the litigation, it does not intend to participate in litigation on any issues that i

are unrelated to licensing.

This Board has made clear both in LBP-89-32 and LBP-89-33, that it considers the. remanded. issues are i

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irrelevant to licensing because, in the Board's view, none are

" safety significant".

Until that determination is changed by thn Board, or reversed or vacated by higher authority, SAPL has no reason to participate in further proceedings before the Board, as its January 19 letter made clear, In short, in no way has SAPL abandoned the issues:

it has simply responded to the Board's decision that none of those issues are relevant to licensing, a decision that SAPL believes is both unprecedented and erroneous, and, indeed, patently illegal.

Second, the Appeal Board in ALAB-924 did not remand contentions:

it remanded issues.

The contentions' admissions game is over.

The-question now, as a result of the Appeal 1 Board's reversal and remand, is whether the issues which were reversed and remanded are going to be remedied by "further action consistent with this opinion.". ALAB-9 2 4, Slip Opinion, p. 20.

Moreover, SAPL does not "own" the remanded issues; they are issues concerning the public health and safety, and therefore not pertinent or relevant only to SAPL, or SAPL's members..

Since the remanded issues do involve issues of the public health and safety, they cannot be ignored or negated by the simple expedient of attempting to eliminate one of the parties to the litigation.

Third, SAPL again. notes that it has joined in the positions-of the MASS AG and NECNEP asserting that jurisdiction over these matters has now passed to the Court of Appeals, because of the l

licensing authorization in LBP-89-32, and that this Board cannot l

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now undertake to alter the underlying decisional record of the decision on app?al.

Unless the licensing authorization contained in.LBP-89-32 is vacated or reversed, no further proceedings are appropriate, since the licensing authorization is final agency action subject to, and now under, appeal to the Court of Appeals.

Respectfully submitted, Seacoast Anti-Polution League By its Attorneys, BACKUS, MEYER.& SOLOMON BY:

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• Ro,bpef'Kf Backus, Esq.

l kis Lowell Street P. O. Box 516 Manchester, NH 03105 (603) 668-7272 av / /k d DATED:

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I hereby certify that copies of the within objection have been fowarded by first-class mail, postage prepaid to all parties on the i

attached service list.

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Ro);(e 6 A. Backus, Esquire l

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'IvIn W. S Nth, Chairman Sur. anne Breiceth Thomas Dign:n, Esquiro Atomic; Safety and Board of Selectmen Ropes & Gray Lic:nsing Board Town Hall gne International Place h RC oston, MA 02110-2624 l

US NRC One Drinkwater Road W2shingten. DC 20555 Hampton Falls, NH 03844

'90 FEB -6 P4 :19 Docketing & Service SchC K:nnath A. McCollom i NG &

VI Atomic Safety and Office of the Secretary BRANCHSAPL Licensing Board US NRC 5 Market Street US NRC Washington, DC 20555 Portsmouth, NH 03801 r.

l Wanhington, DC 20555 Office of Selectmen Richard F. Cole Geoffrey Huntington,1 Esquire Town of Hampton Falls Atomic Safety and Licensing Attorney General's Office Hitpton Falls, NH 03844 Board State House Annex US NRC Concord, NH 03301 Washington, DC 20555 Ashod N. Amirian. Esquire Joseph Flynn, Asst. Gen. Cnsl.

Sandra Gavutis 145 South Main Street Federal Emergency

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P.O. Box 38 yanagement Agency

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Bradford, MA '01835 500 C Street SW East Kensington, NH 03827 Washington, DC 20555 l

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t John:Traficonte,~ Esquir Charles P.. Graham, Esquire Edwin Reis, Esquire Assistant Attorney General Office of Exec.. Legal Dr.

Murphy ~6 Graham l

Ons Ashburton Place US NRC

33. Low Street-19th Floor Washington, DC 20555 Newburyport, MA 01950-4 Boston, MA 02108 R. Scott Hill-Wh11 ton, Esq.

Judith H. Mizner, Esquire William S. Lord 79 State Street 79-State Street Office of Selectmen-Newburyport, MA 01950-Newburyport, MA 01950 Town Hall Friend Street Amesbury,;MA 01913 I

Diens Curran, Esquire Paul McEachern, Esquire Senator Gordon~J.'Humphrey Hirmon,~ Curran & Tousley-Shaines~& McEachern

.US-Senate 20001 S Street NW 25 Maplewood Avenue Washington, DC : 20510

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