ML20006D305

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NRC Staff Response to 900111 Board Order & Request to Extend 900201 Deadline.* Suggests ASLB Postpone Consideration of Issues in ALAB-924 Remand Until After Commission Completes Immediate Effectiveness Review.W/Certificate of Svc
ML20006D305
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 01/30/1990
From: Matt Young
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Atomic Safety and Licensing Board Panel
References
CON-#190-9800 ALAB-924, LBP-89-32, OL, NUDOCS 9002120347
Download: ML20006D305 (5)


Text

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U Ja g y, 1990 UNITrn STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 90 Jmi 30 P3 59 crr!ct or ircEitM BEFORE THE ATOMIC SAFETY AND LICENSING BOAEKEllNGAijtavir.l.

In the Matter of Jacket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL r

NEWHAMPSHIRE,et,al.

Offsite Emergency Planning (Seabrook Station, Units I and 2)

NRC STAFF RESPONSE JANUARY 11 BOARD ORDER AND REQUEST TO EXTEND THE FEBRUARY 1 DEADLINE In an order dated January 11, 1990, the Licensing Board asked the parties to submit their views on how the Board should proceed to address the issues remanded by the Appeal Board in ALAB-924, 30 NRC (Nov. 7, 1989).

The Staff provides its views below and requests that the February I response deadline be extended.

As the Board is aware, the Commission in its Order of November 16, 1989 (unpublished) 1/ acknowledged it had before it -the "imediate effectiveness review" of LBP-89-32, 30 NRC

-(Nov.

9, 1989), which authorized the Director of-Nuclear Reactor Regulation to issue a full power license for Seabrook, the question certified by the Appeal Board-in ALAB-922 and - Applicants' petition for review of ALAB-924.

November 16 Order at 1.

The Comission also stated that, "[iln the interest of efficiency and effectiveness in resolving matters relating to the Licensing Board's authorization of a full power license, the Commission

... rather than the Appeal Board will consider all applications for a f

1/

Hereafter referred to as " November 16 Order."

I l

{J"2"88E 388%ga 3 03

. stay of the Licensing Board's authorization of a full power license for a

Seabrook Unit 1." M.at1-2.

In addition, the Commission stated that it would decide Intervenors' November 13 motion to vacate and revoke the license authorization. Order at 1-2, 2/

In light of the above, the Staff suggests that the Licensing Board postpone consideration of the issues identified in the ALAB-924 remand until after the Commission completes its immediate effectiveness review.

The outcome of that review may be helpful to the Board and parties in determining how best to proceed to address the remand issues.

The Board would also have the benefit of any Commission guidance on the remand.

Therefore, the Staff requests that the Board extend the time for the presentation of the parties' views until a reasonable period after the Commission completes its immediate effectiveness review.

Respectfullysubmitted, k

(-t&ttf Mi i

. Young Coun el for NRC Staff Dated at Rockville, Maryland this 30th day of January,1990

-.c

-2/

Intervenors Motion to Vacate Those Portions of LBP-89-32 Authorizing Issuance of a Seabrook Operating License, November 13, 1989.

4 4.'

M' C0CKE1E0 -

USNRC c

'90 JM 30 P3 59 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OrncE OF SECRETAilY 00CKL'llHG A SIIiVICI.

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-443 OL I

PUBLIC-SERVICE COMPANY OF r

50-444 OL NEW HAMPSHIRE, g al.

Offsite Emergency Planning-(Seabrook Station, Units 1 and 2)

CERTIFICATE OF SERVICE y"

I hereby, certify : that copies of "NRC STAFF RESPONSE JANUARY 11 BOARD ORDER AND REQUEST T0' EXTEND THE FEBRUARY 1 DEADLINE" 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 syste'n, or as indicated by double asterisks, by express mail this 30th day of January,1990:

Ivan W. Smith -Chairman (2)*

Thomas G. Dignan, Jr., Esq.**

Administrative Judge Robert K. Gad. III, Esq.

Atomic Safety and Licensing Board Ropes & Gray U.S. Nuclear Regulatory Commission 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, Chainnan 1107 West Knapp Street Board of Selectmen Stillwater, OK 74075 13-15 Newmarket Road Durham, NH 03824

' Philip Ahrens, Esq.

Judith H. Mirner, Esq.

-Assistant Attorney General 79 State Street 10ffice of the Attorney General Newburyport, MA 01950 State House Station Augusta. ME' 04333 Robert Carrigg, Chainnan 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

M

-2

~ Diane Curran, Esq Harmon, Curran-& Tousley 2001 S Street,- NW Hon. Gordon J. Humphrey Suite 430-United States Senate 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.**

Backus, Meyer & Solomon 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 Boston, MA 02110 Portsmouth, NH 03801

~R. Scott Hill-Whilton, Esq.

Sandra Gavutis, Chairman Lagoulis, Clark, Hill-Whilton Board of Selectmen

& McGuire RFD#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 1

i

. -$ ^ William S. Lord George Hahn, Esq.

Board of Selectmen Attorney for the Examiner Town Hall - Friend Street Hahn & Hesson

Amesbury, MA 01913 350 5th Ave Suite 3700 New York, NY 10118 Atomic Safety and Licensing Board Atomic Safety and Licensing Panel'(1)*

r Appeal Panel (6)*

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555

Office of the Secretary (16)*

George Iverson, Director

U.S. Nuclear Regulatory Commission N.H. _0ffice of Emergency Management Washington, DC 20555 State House Office Park South Attn: Docketing and Service Section 107 Pleasant Street Concord, NH 03301

/asvi

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"MitzA A./ Young

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Counhel for NRC Staff e