Intervenors Opposition to Applicant 900126 Motion to Dismiss Abandoned Remand Issues.* Motion Should Be Denied Due to ASLB 900111 Order Providing No Basis for Motion.Certificate of Svc EnclML20006D343 |
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: |
02/07/1990 |
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From: |
Curran D, Traficonte J HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
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To: |
Atomic Safety and Licensing Board Panel |
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References |
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CON-#190-9811 ALAB-924, LBP-88-32, LBP-89-32, LBP-89-33, OL, NUDOCS 9002130041 |
Download: ML20006D343 (9) |
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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
.- . . - -~ _ - _ . -
t f -i !
%{D:
DOCKETED USNRC +
UNITED STATES'OF AMERICA NUCLEAR REGULATORY COMMISSION 10 F&t-B P4 :17 '
' ATOMIC SAFETY .\ND LICENSING BOARD ,
{h{C g
'I Before the Administrative Judges: :
BEAHCH Ivan W. Smith, Chairman Dr.-Richard F. Cole .<
Kenneth A. McCollom i
'h
. , )
LIn the Matter of ) Docket Nos. 50-443-OL
) 50-444-OL PUBLIC SERVICE COMPANY ) ,
L OF NEW HAMPSHIRE, EI AL. ) ;
R
)
(Seabrook Station, Units 1 and 2) ) February 7, 1990 1
) >
c- INTERVENORS' OPPOSITION TO APPLICANTS' JANUARY 26 MOTION TO a DISMISS ABANDONED REMAND ISSUES The Massachusetts Attorney General (" Mass AG")'and the New England Coalition on Nuclear Pollution '("NECNP")- (the +
"Intervenors") file-this opposition to Applicants' January 26-L Motion to Dismiss-Abandoned Remand Issues. That motion should
^
be denied for the reasons.that follow.
A. This Board's January 11, 1990 Order 1/ Provides-No Basis for this Motion
- 1. The Board's Order was precatory and not mandatory. It provided an opportunity to advise the Board'but did not require '
1/ The Intervenors do not repeat here what they have already ^
argued in their February 1, 1990 Response to the Order concerning this Board's lack of jurisdiction to proceed with the remanded' issues. Obviously, this jurisdictional failing also prevents this Board from granting the Applicants' motion in any event.
9002130041 900207 PDR ADOCK05000gg3 35v3
L E or command thatlSAPL (or anyone'else) make use of this f opportunity.
i' !
- 2. Similarly, the order said nothing about the
-possibility that a substantive failure to respond-with advice2 / could have the legal effect of an= abandonment or withdrawal.-
- 3. Significantly, the Board's Order clearly anticipated-(for good and sound reasons as discussed infra)-that interested carties would advise the Board as to the remanded issues. j E 4 Thus, nothing about the order would support the notion that any.
one party like SAPL by its-response (or failure to l
substantively respond) could unilaterally withdraw or abandon i
J the remanded issues.. Indeed, Intervenors did file a timely ,
l' response in'accordance with the terms of the order which ran to all remanded issues.
h B. Other Intervenors had already adopted the remanded issues before January 19, 1990.
Assuming arauendo that SAPL withdrew or abandoned certain ,
' remanded issues on January 19, 1990, this is of no moment '
because other Intervenors had already adopted these issues and had (and have) taken all necessary steps to secure their rights ,
to' participate in their resolution.
t i
L
, 2/ Intervenors do not repeat but simply adopt SAPL's arguments L made in. opposition regarding the intent or meaning of its L January 19, 1990 letter.
l p
q.;<
I i l.- _At the point at which the Intervenors filed their
~
briefs on appeal of LBP-88-32 (March 1989) each Intervenor had
'the~right to' appeal on all issues in the proceeding. Egg 54 Fed. Reg. 33168,-33177 (August 11, 1989). The Appeal Board in review of LBP-88-32 expressly ordered that the various
'intervenors DQt duplicate arguments-in their briefs. Thus, the Mass AG and NECNP were just as much seeking appeal on the issues briefed or argued by SAPL to the Appeal' Board as SAPL
-was. Indeed, NECNP in its March 24, 1989 Brief on Appeal of a
LBP-88-32 expressly stated at 1: i In light of the Appeal Board's directive to avoid repetitive arguments, NECNP has not briefed all of the issues that are of concern to-it. Therefore, we adopt and incorporate'by reference the briefs filed by the other Intervenors.
- 2. On November 9, 2 days after ALAB-924 issued, the Mass AG asserted the Commonwealth's right as an interested state to-involve itself in the further resolution of all the remanded issues. Egg Intervenors' November 9 Request for Prehearing Conference in Response to ALAB-924 at 3.n.1:
The Mass AG hereby asserts his right as an interested state--
to participate fully in all remanded issues.
In effect,_even if the Mass AG is-deemed not to have participated below in three of the four remanded issues (the teachers,'the special facility ETEs and the Special Needs Survey) and otherwise not to have briefed any of these issues on appeal, upon the issuance of ALAB-924, the Mass AG expressly asserted his right under NRC law to come into this part of the
e i
Al'
- proceeding, as it were, " late" and involve itself in any further resolution of the remanded issues. As such the Mass AG' takes the proceeding as he finds it which is precisely what he has'done since November 9, 1989:
M a. TLT Mass T.G (with SAPL and NECNP) filed a motion for mandatory rel. 1 on November 13 with the Appeal Board pursuant to its jurisdiction over LBP-88-32, claiming that this 7
Board's disposition of the remanded issues in LBP-89-32 violated the mandate of ALAB-924. This motion represents and reflects the Mass AG's and NECNP's independent involvement in and prosecution of the issues surrounding the ALAB-924 remand.
- b. Further, after LBP-89-33-issued, the. Mass AG and NECNP again asserted their independent involvement in the remanded issues by supplementing their earlier November 13 motion-with:a further motion to the Commission. This December I motion 2 / discussed in great! detail the factual and legal' errors made by this Board in its disposition of the remanded issues as explained in LBP-89-33. Obviously, Intervenors' unambiguous prosecution of the remanded issues in 2/ This December 1 mandamus. motion was an " appeal" using mandamus as the appellate procedural vehicle of LBP-89-32 and LBP-89-33 to-the extent that those decisions erred in disposing of the ALAB-924 remand. (It was also a continuation of Intervenors' appeal of LBP-88-32.) Thus, Intervenors (Mass AG and NECNP) have already annealed this Board's disoosition of the remanded issues and they did this prior to January 19, 1990. Egg Intervenors# February 6, 1990 Emergency Motion: (1)
+ to Clarify the Status of the Appeal of LBP-89-33 (312.] at 3-7.- The Mass AG also noticed his appeal of LBP-89-33 on November 22, 1989.
______:__2_--_--__ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ - _ - _ _ _ _ _ _ _ _ _ _ __ _ _______ - _ _ --_
[ " ,. , < >- .
"4: ::
>k 4 Y this regardstook place prior to January 19, 1990. Indeed, the ;
commission itself in its Orders of November 1<6 (taking jurisdiction over the Intervenors' November 13 Motion), ;
November 21 (setting a schedule for briefs)'and November 22 ,
(amending that schedule) acknowledged the obvious involvement i
,, i by the Mass AG and NECNP in the proper disposition of the ALAB-924 remanded issues by giving these Intervenors an express
'Emportunity to brigf.this Board's disposition as set out in-
.t
'LBP-89-33.
In sum, there is unequivocal evidence that the Mass AG and NECNP have prosecuted the issues remanded in ALAB-924 from November 9 forward to this date, taking all steps to preserve s t their' rights, both trial and appellate. Their prosecution of -
these issues has been acknowledged in orders of the Appeal Board, the Commission and even in the January 11 Order of this
(, Board which the Applicants argue as theTlegal predicate for "
L
! their Motion. Even assuming arauendo, that this Board were to L
r,. rule that SAPL's January.19, 1990 letter effected:a withdrawal.
L or-abandonment by SAPL, or that the letter's tone or content is L
otherwise sanctionable, the Mass AG and NECNP are independently prosecuting these issues 1and have been vociferously prior to January 19. Thus, the Applicants' motion seeking dismissal of these issues should be denied.A/
JL/- Intervenors' do not repeat but simply adopt SAPL's policy arguments concerning public safety and adjudicated deficiencies in emergency planning at Seabrook.
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'If CONCLUSION l-
-For all of the reasons set forth above, the Applicants'. '
~ January 26{-1990 Motion to Dismiss Abandoned Romand Issues should be dismissed.-
A Respectfully submitted,--
COMMONWEALTH OF4 MASSACHUSETTS NEW-ENGLAND COALITION-ON JAMES M. SHANNON '
. NUCLEAR POWER ATTORNEY GENERAL
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, Diane-Curran, Esq.' n-Traficohte-Harmon,. Curran,'& Towsley ef,' Nuclear Safety Unit Suite 430 .
ne Ashburton Place-2001'S Street,:N.W.' Boston, MA 02108 Washington,.DC 20008 (617),727-2200 Dated:- February 7, 1990
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O i g' i UNITED-STATES OF AMERICA U{kECEO NRC NUCLEAR' REGULATORY COMMISSION
< ATOMIC SAFETY AND LICENSING BOARD '90 FEB -8 P4,:17 -
Before the Administrative Judges:
OrriCE OF SECRETARY Ivan W. Smith, Chairman DOCKET L RVICI.'
Dr. Richard F. Cole Kenneth A. McCollom
)
In the Matterlof ) Docket Nos. 50-443-OL
) 50-444-OL PUBLIC SERVICE: COMPANY )
OF NEW HAMPSHIRE, ET AL. )
)
(Seabrook Station, Units 1 and 2) ) February 7, 1990
)
CERTIFICATE-OF SERVICE.
I, John Traficonte, hereby certify that on February 7, 1990, I ,
made service of the within INTERVENORS' OPPOSITION TO APPLICANTS' JANUARY 26-MOTION'TO DISMISS ABANDONED REMAND ISSUES by 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.
U.S. Nuclear Regulatory Stillwater, OK 74075
' Commission East West Towers Building
- Docketing and Service 4350LEast West Highway U.S. Nuclear Regulatory Bethesda,<MD 20814 Commission Washington, DC 20555
- Dr. Richard F. Cole Paul McEachern, Esq.
Atomic Safety & Licensing Board Shaines & McEachern U.S. Nuclear Regulatory Commission 25 Maplewood Avenue East West Towers Building P. O. Box 360
- ~4350 East West Highway Portsmouth, NH 03801 Bethesda, MD 20814
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- Thomas G. Dignan, Jr., Esq. 5 Atomic Safety &' Licensing Board Katherine Selleck, Esq.
3 U.S. Nuclear Regulatory Commission Ropes-& Gray {
East West Towers Building One International Place 4350 East West Highway Boston, MA 02110 Bethesda, MD 20814 H. Joseph Flynn, Esq. *Mitzi A. Young, Esq.
Assistant General Counsel Edwin J. Reis, Esq.
Office of General Counsel U.S. Nuclear Regulatory ;
Federal Emergency Management Commission Agency. Office of the General Counsel 500 C Street, S.W. 15th Floor Washington,'DC 20472 11555 Rockville Pike Rockville, MD 20852 Atomic Safety & Licensing Robert A. Backus, Esq. l Appeal-Board Backus, Meyer & Solomon-U.S. Nuclear Regulatory 116 Lowell Street lL Commission P.O. Box 516 "
Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Board Jane Doughty l U.S. Nuclear Regulatory Commission Seacoast Anti-Pollution League.
l Washington, DC 20555- 5 Market Street' l- Portsmouth, NH 03801 l
Charles P. Graham, Esq. Barbara St. Andre, Esq.
3 Murphy & Graham Kopelman & Paige, P.C.
l 33 Ixnt Street 77 Franklin Street Newburyport, MA 01950 Boston, MA 02110 i
( Judith H. Mizner, Esq. R. Scott Hill-Whilton, Esq.
L 79 State Street Lagoulis, Hill-Whilton-H 2nd Floor & Rotondi Newburyport, MA 01950 79 State Street-Newburyport, MA 01950 -
Diane Curran, Esq. Ashod N. Amirian, Esq. ,
Harmon, Curran, & Towsley 145 South Main Street Suite 430 P.O. . Box 38 2001 S Street, N.W. Bradford, MA 01835 Washington, DC 20008 Senator Gordon J. Humphrey Senator Gordon J. Humphrey U.S. Senate One Eagle Square, Suite 507 Washington, DC 20510 Concord, NH 03301 (Attn: Tom Burack) (Attn: Herb Boynton)
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John'P.lArnold, Attorney General- Phillip Ahrens, Esq.. ;
o Office of the~ Attorney General' Assistant-Attorney-General- 2 j
I 25 Capitol Street 1 Department of the Attorney j L Concord, NH 03301. General j F Augusta, ME. 04333 )
s i Jack Dolan' George Iverson, Director '
- I N.H. Office of Emergency. I (Federal Emergency Management v Agency. Management 1
-Region 1 .
State House Office Park South- ?
J.W. McCormack Post Office &- 107 Pleasant ~ Street ZQ Courthouse Building, Room =442. Concord, NH 03301' l 4 '- ' Boston, MA.02109- 1 i
i COMMONWEALTH OF MASSACHUSETTS JAMES M. SHANNON ATTORNEY GENERAL Mi n Trafico'nte sistant.' Attorney General Chief, Nuclear Safety Unit
. Department:of the Attorney General
_,:1 Boston, MA '02108-1698 .
(617): 727-2200 D$TED: February 7, 1990
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