ML20006G214
| ML20006G214 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/28/1990 |
| From: | Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PUBLIC SERVICE CO. OF NEW HAMPSHIRE, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#190-9993 OL-1, NUDOCS 9003060043 | |
| Download: ML20006G214 (5) | |
Text
Ib qfLS 4
l'OLKET ED I
UbHRC 1
UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISS::ON 90 FEB 28 P3 52 !'
ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:
((g!h$Cpgv A
BRANCH Alan S. Rosenthal, Chairman February 28, 1990 Thomas S. Moore Howard A. Wilber
)
SERVED MAR - 11990 In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL-1 NEW HAMPSHIRE, ~et al.
)
50-444-OL-1
)
(Onsite Emergency Planning
~
(Seabrook Station, Units 1
)
and Safety Issues) and 2)
-)
I i
ORDER We have before us Intervenors' Motion to Reopen the Record and Admit Late-filed Contention hwgarding Defective kosemount Transmitters.
The motion does not address the question whether, at this late date, there is continuing jurisdiction in an Appeal Board over safety issues such as the one that the motion seeks to raise.
Because there is at least a serious question as to the existence of such jurisdiction, the intervenors are directed to file a supplemental memorandum fully addressing that question.
The intervenors' memorandum should address not only the agency
)
case law that may support their position but also any conflicting authority.
In addition, the intervenors should address whether, inter alia, 10 C.F.R. $ 2.734(d) necessarily contemplates that issues not previously in 9003060043 900228 gDR ADOCK0500g3 w
.*t e
2 contest in the proceeding may be raised before the adjudicatory boards.
That memorandum is to be in the hands of this Board, as well as counsel for the applicants and the NRC staff, by 4:00 p.m.,
on Wednesday, March 7, 1990.
We will also expect the applicants and the staff to address fully and completely the jurisdictional question in their responses to the motion.
Both responses shall be in our hands by 4:00 p.m. on Wednesday, March 14, 1990.
It is so ORDERED.
FOR THE APPEAL BOARD An Jh-A>J Barbara A. Tompkins Secretary to the Appeal Board P
~.
i UNITED' STATES OF AMERICA NUCLEAR RESULATORY COMMISSION In the Matter of I
l PUBLIC SERVICE COMPANY OF NEW l
Docket No.(s) 50-443/444-OL-1 HAMPSHIRE, ET AL.
I (Seabrook Station, Units i and 2)
I l
CERTIFICATE OF BERVICE l
I hereby certify that copies of the foregoing AB ORDER DTD 02/20/90 i
have been served upon the following persons by U.S. sail, first class, except I
as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Administrative Judge Alan S. Rosenthal, Chairman ihness S. Moore i
Atomic Safety and Licensing Appeal Ptreic Safety and Licensing Appeal Board Board 1
U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Coesission 1
Washington, DC 20555 Washington, DC 20555
]
Administrative Judge Howard A. Wilber Adelnistrative Judge 1
Atomic Safety and Licensing Appeal Peter B. Bloch, Chairman Board Atostc Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Consission l
Washington, DC 20555 Washington, DC 20555 l
Administrative Judge Administrative Law Judge Jerry Harbour Ivan W. Salth Atoalc Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge Edwin J. Reis, Esq.
Esseth A. Luebke Office of the Beneral Counsel 5500 Friendship Boulevard, Apt. 1923N U.S. Nuclear Regulatory Commission Chevy Chase, MD 20915 Washington, DC 20555 Diane Curran, Esq.
Thomas 8. Dignan, Jr., Esq.
-Harmon, Curran b Tousley Ropes b Gray 2001 S Street, N.W., Suite 4 0 One International Place Washington, DC 20009 Boston, MA 02110
? o Decket Noots)S0-443/444-OL-1 At ORDER DTD 02/28/90 1
Robert A. Backus, Esq.
Paul McEachern, Esq.
Backus, Noyer 6 Soloenn
$haines k McEachern i
116 Lowel! Street 25 Maplewood Avenue, P.O. Box 360 Manchester, NH 03106 Portsmouth, NH 03001 1
t Sary W. Helses, Esq.
Barton 2. Cowani Esq.
Holmes 6 Ells Eckert, Seamans, Cherin 6 Mellett 47 Winnacunnet Road 600 Irant Street, 42 Floor Heepton, NH 03042 Pittsburgh, PA 15219 l
t Jane Doughty George W. Watson, Esq.
Seacoast Anti-Pollution League Federal Energency Management Agency 5 Market Street 500 C Street, 8.W.
Portsmouth, NH 03001 Washington, DC 20472 Edward A. Thomas George D. Bisbee, Esq.
Federal Emergency Management Agency Assistant Attorney Beneral 442 J.W. McCormack (POCH)
Office of the Attorney General Boston, MA 02109 25 Capitol Street Concord, NH 03301 Suzanne Bretseth John Traficante, Esq.
Board of Selecteen Chief Nuclear Safety Unit Town of Hampton Falls Office of the Attorney General Drinkwater Road One Ashburton Place, 19th Floor Hampton Falls, NH 03044 Boston,.MA 02100 Matthew T. Brock Esq.
Philip Ahrens, Esq.
Assistant Attorney General Assistant Attorney General Office of the Attorney Seneral Office of the Attorney 6eneral One Ashburton Place, 19th Floor State House Station, 46 Boston, MA 02100 Augusta, ME 04333 Allen Lampert William Armstrong Civil Defense Director Civil Defense Director Town of Brentwood Town of Exeter 20 Franklin Street 10 Front Street Exeter, NH 03833 Exeter, NH 03833 l
4 I
f i
.,.. e r a Decket No.(s)S0 443/444-OL-1 i
s -
At ORDER DTD 02/20/90 1
I i
Anne Goodaan, Chairsan teard of Selecteen Board of Belecteen-13-15 Newmarket Road Town Hall - Friend Street
]
Durhas, NH- 03024 Asesbury, MA 01913 i
Peter J. Matthews Mayor of Newburyport Michael Santosuosso, Chairaan l
City Hall Board of 8electmen j
Newburyport, MA 01950 South Hampton, NH 03027 i
R. Scott Hill-Nhilton, Esquire Stanley W. Knowles, Chatraan Lagoulis, Hill-Whilton & McGuire Board of Selecteen 79 State Street P.O. Box 710 Newburyport,, MA 01950 North Hospton, NH 03862 The Honorable Gordon J. Huaphrey ATTNs Janet Colt United States Senate Nashington, DC 20510 Dated at Rockville, Md. this 1 day of March 1990 ai;t!f/or$;;fe'd6Mrtar3;;;t;;t;n
.