ML20006G119
| ML20006G119 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/27/1990 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#190-9982 LBP-89-28, LBP-89-32, OL, NUDOCS 9003050082 | |
| Download: ML20006G119 (6) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
% FEB 28 Pl2:08 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
[o'chift$GYs$,Nv$
!!HANC5i In the Matter of
)
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF S0-444 OL NEW HAMPSHIRE, g al.
Off-site Emergency Planning
)
(Seabrook Station, Units 1 and 2)
)
NRC STAFF'S MOTION FOR AN EXTENSION OF THE FILING DEADLINE. AND AN ENLARGEMENT OF THE PAGE LIMIT, FOR ITS BRIEF IN RESPONSE TO APPEALS FROM LBP-89.32 Pursuant to 10 C.F.R. 6 2.762(e), the NRC Staff hereby requests an enlargement of the page limit to permit the Staff to file a single brief of up to 160 pages in response to Intervenors' seven briefs on appeal from the Licensing Board's Partial Initial Decision of November 9,1990.1/ In addition, the Staff requests a one week extension to March 19, 1990 to file its responsive brief.
In support of this request, the Staff states the following:
1.
Briefs on appeal from LBP-89-32 have been filed by the Seacoast Anti-Pollutien League, the Massachusetts Attorney General (" Mass AG"), the i
New England Coalition on Nuclear Pollution and the Town of Hampton, the Town of West Newbury ("iOWN"), the Towns of Salisbury and Amesbury
("TOS/TOA"), the Town of Newbury (" TON"), and City of Newburyport (" CON").
i 1/
LBP-89-32, 30 NRC (Nov. 9, 1990),
9003050002 900227
'{DR ADDCK 05000443 D
PDR i
?
I 2
Pursuant to 10 C.F.R. 6 2.762(c), the Staff is required to file a single l
brief in response to Intervenors' briefs on or before March 12, 1990. U i
2.
Intervenors' briefs total approximately 240 pages and the Mass i
AG's brief, alone, is P3 pages, plus attachments, in accordance with a 30-page enlargement granted by the Appeal Board on March 17, 1989.
l 3.
Intervenors raise numerous factual and legal issues challenging LBP-89-32, evidentiary rulings made by the Board and earlier Board rulings.
An increase in the page limit is necessary to enable the Staff to file a consolidated brief that responds fully to Intervenors' numerous challenges to the actions below.
4.
On February 13, 1990 Applicants were granted a one week extension to March 5,1990 and a upper page limit of 200 pages for filing their responsive brief.
A similar extension of the deadline for the Staff's filing is appropriate to preserve the time sequence contemplated by the regulations in 10 C.F.R. $ 2.762(c).
5.
Staff has hiJ to respond to a number of pleadings filed during the time for preparing its brief, including responses to a motion to reopen the record on the NHRERP, requests for stays of LBP-89-32 and Intervenors' brief on appeal from LBP-89-28.
6.
Staff Counsel has contacted the other parties who filed briefs on appeal from LPB-89-32 and the Applicants.
Counsel for the Applicants, Mass AG, NECNP, TOH, TON, and TOS/TOA have authorized the Staff to state This response date is based on 45 days after the January (24,1990 2/
filing date of appellants' briefs since some of the briefs e.g., by CON, TOWN. TOS/T0A, and TON) were served on the Staff by regular mail.
'3 i !
that they have no objection to the granting of this Motion.
Counsel for SAPL and the TOWN could not be reached for connent on this Motion.
WHEREFORE, tne Staff respectfully requests that it be granted a one week extension, to March 19, 1990, to file its responsive brief and a page en1krgement to permit the Staff to file a brief of up to 160 pages in response to Intervenors' briefs on appeal from LBP-89-32.
Respectfully submitted, Mi iA ng Cou sel for NRC Staff Dated at Rockville, Maryland i
this 27th day of February, 1990
1 l
y c0LKEILD i
USNRC UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMIS$10N
'90 RB 28 Pl2:08 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD NCE of SECitElARY In the Matter of Y"[cenEltNG A 5t*VICI-Docket Nos. 50-443 OL BRANCH PUBLIC SERVICE COMPANY OF BO-444 OL-NEW HAMPSHIRE, et al_.
Off-site Emergency Planning (Seabrook Station, Units 1 and 2)
)
l 4
CERTIFICATE OF SERVICE, I hereby certify that copies of "NRC STAFF'S MOTION FOR M EMENS10810F THE FILING DEADLINE, AND AN ENLARGEMENT OF THE PAGE LIMIT, r011 TTS BRIEF IN RESPONSE TO APPEALS FROM LBP-89-32" in the above captioned prccse(ing have been served on the following by deposit in the United States mail, fintt clus or, as indicated by an asterisk, by deposit in the Nuclear Reguletor,y Chmission's internal mail system, as indicated by double asterisks, by exprer,$ seil, this 27th day of February 1990:
Ivan W. Smith, Chairman (2)*
Peter Brann. E;q.
Administrative Judge Assistant Attorney Cewraf.
Atomic Safety and Licensing Board Office of the Attorney kneral 3
U.S. Nuclear Regulatory Commission State House Stattem 6 Washington, DC 20555 Augusta ME B43S3 Richard F. Cole
- John Traficonte, Es.q."
Administrative Judge Assistant Attorney Gewral Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place, 19th Floor Washington, DC 20555 Boston, MA 02108 Kenneth A. McCollom**
Geoffrey Huntington, Esq.**
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74075 25 Capitol Street Concord, NH 03301 Thomas G. Dignan, Jr., Esq.**
Robert K. Gad, III, Esq.
Diane Curran, Esq.**
Ropes & Gray ~
Harmon, Curran & Tousley One International Place 2001 S Street, NW Boston, MA 02110-2624 Suite 430 l
Washington, DC 20009 l
L L
1
l 2
- }
e Robert A. Backus Esq.**
Jack Dolan Backus, Meyer & Solomon Federal Emergency Management Agency 116 Lowell Street Region I i
Manchester, NH 03106 J.W. McCormack Pon Office &
Courthouse Building, Room 442 Boston, MA 02109 H. J. Flynn, Esq.
Judith H. Mizner. Esq.
Assistant General Counsel 79 State Street Federal Emergency Management Agency Newburyport, MA 01950 S00 C Street, S.W.
Washington, DC 20472 Robert Carrigg, Chairman j
Board of Selectmen Paul McEachern, Esq.**
Town Office
$haines & McEachern Atlantic Avenue 25 Maplewood Avenue North Hampton, NH 03862 i
P.O. Box 360 Portsmouth, NH 03801 Mrs. Anne E. Goodman, Chainnan Board of Selectmen George Hahn, Esq.
13-15 Newmarket Road <
Attorney for the Examiner Durham, NH 03824 Hahn & Hesson 350 Sth Ave, Suite 3700 Hon. Gordon J. Humphrey New York, NY 10118 United States Senate 531 Hart Senate Office Building R. Scott Hill-Whilton, Esq.
Washington, DC 20510 Suzanne P. Egan, Esq.
Lagoulis, Hill-Whilton
'& Rotondi Richard R. Donovan 79 State Street Federal Emergency Management Agency Newburyport, MA 01950 Federal Regional Center 130 228th Street S.W.
Allen Lampert Bothell, Washington 98021-9796 Civil Defense Director Town of Brentwood Peter J. Matthews, Mayor 20 Franklin City Hall
-Exeter, NH 03833 Newburyport, MA 01950 William Armstrong Michael Santosuosso, Chairman
- Civil Defense Director Board of Selectmen l'
Town of Exeter, NH 03833 South Hampton, NH 03827
-10 Front Street Exeter, NH 03833 Ashod N. Amirian, Esq.
Town Counsel for Merrimac
' Gary W. Holmes, Esq.
145 South Main Street Holmes & Ellis P.O. Box 38 1
47 Winnacunnet Road Bradford, MA 01835 i
'Hampton, NH 03842 Barbara J. Sair.t Andre. Esq.
Kopelman and Paige, P.C.
L 77 Frankin Street Boston, MA 02110 l
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I Ms. Suzanne Breiseth George Iverson, Director i
Board of Selectmen NH Office of Emergency Management i
l Town of Hampton Falls State House Office Park South Drinkwater Road 107 Pleasant Street Hampton Falls, NH 03844 Concord, NH 03301 Atomic Safety and Licensing Robert R. Pierce. Esq.*
Board Panel (1)*
Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Board Panel Washington, DC 20555 i
U.S. Nuclear Regulatory Commission i
Washington, DC 20555 OfficeoftheSecretary(2)*
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Appeal Panel (6)*
Attn:
Docketing and Service Section U.S. Nuclear Regulatory Comission Washington, DC 20555 Counse'tdor NRC Staff (/
MitzR A.' Yo~ung I
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