ML20011F126
| ML20011F126 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/23/1990 |
| From: | Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20011F125 | List: |
| References | |
| LBP-89-32, LBP-89-33, OL, NUDOCS 9003010184 | |
| Download: ML20011F126 (3) | |
Text
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UNITED STATES OF AMERICA N. ppg 23 p5 $8 NUCLEAR REGULATORY COMMISSION j
BEFORE THE COMMISSION h[C El t G i
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In the Matter of
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Docket Nos. 50-443-OL-PUBLIC SERVICE COMPANY OF 50-444-OL NEW HAMPSHIRE, et M.
Offsite Emergency Planning
.(Seabrook Station.-Units 1 and 2) ij NRC STAFF'S RESPONSE TO "INTERVENORS' MOTION'TO SUPPLEMENT APPLICATION FOR A STAY OF LBP-89-32" I
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Edwin J. Reis Deputy Assistant General Counsel
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for Reactor Licensing February 23, 1990 1
9003010184 900223 PDR ADOCK 05000443 0
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPMIRE, et M.
Off-site Emergency Planning t
(Seabrook Station, Units 1 and 2) e r
NRC STAFF'S RESPONSE TO "INTERVENORS' MOTION TO SUPPLEMENT APPLICATION FOR A STAY OF LBP-89-32" On February 14, 1990, the ' Massachusetts Attorney G eneral, New England C.oalition' on Nuclear - Pollution and the Seacoast A nti-Pollution League (the "Intervenors") moved (" Motion") the Commission to accept, as a supplement to Intervenors' Application For A Stay Of LBP-89-32, filed December -1,.1989 -and attached " Emergency Motion Of The Intervenors:
(1)
To - Clarify - The Status Of The Appeal Of LB P-83-33 And (2) To Reopen T_he Record -On The NHRERP As To The Need For Sheltering In Certain Circu m sta nces," which they filed with the A ppeal Board on February 6,
1990.
In s upport thereof, Intervenors pointed to Applicants' statements that sheltering had been eliminated as a protective action recommendation in the New Hampshire Emergency Response Plan, and argued that for these reasons the Appeal Board's findings concerning sheltering and the FEMA finding of adequacy -of the' New Hampshire Radiological Emergency Response Plan (NHRERP) are no longer supported
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by. the record.
Motion at - 3.
On this basis, Intervenors ask the Commission to stay full power operation of Seabrook until the Appeal
4 3.
' Board rules' on Intervenors' application to reopen the record as to this matter and further proceedings are conducted.
Id. at 4.
The NRC Staff has no objection to the Commission considering the Supplement; however, the relief requested should be denied.
As set out in the attached NR C Staff's Response to the motion to reopen, filed with
- the_ Appeal Board, no reason is apparent to reopen the ' record as the motion lacks any predicate.
The Applicants have withdrawn their advice that plan had been changed in regard to sheltering. 1/-
More j.
im portantly the State of New Hampshire and FEMA have su bmitted pleadings and affidavits supporting the fact that no change was made concerning the sheltering option in the NH RERP since the hearings on the
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issue.
We attach the New Hampshire and FEMA pleadings for - the t
convenience of the Commission. Thus, no basis exists to reopen the record or for a stay.
In sum, the relief requested in the subject motion should be denied.
Respectfully submitted,
[hm h
Edwin J. Reis Deputy Assistant General Counsel l
for Reactor Licensing Dated at-Rockville Maryland this 23rd day of February 1990
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Applicants' Response to Emergency Motion of Intervenors:
(1) To Clarify the Status of the Appeal of LBP-89-33 and (2)
To Reopen The Record on the NHRERP As To The Need For Sheltering in Certain Circumstances, dated February 16, 1990.
-2/
State of New Hampshire's Comments Regarding Applicants' Response to Licensing Board Order of January 11, 1990, date February 16, 1990; Response of the Federal Emergency Management Agency To Emergency Modon Of The Intervenors To Reopen The Record As To The Need For Sheltering In Certain Circumstances, dated February 16, 1990.
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