ML20012E766

Advises That Seacoast Anti-Pollution League Has No Intention of Proceeding Further in Proceedings Before Appeal Board Due to Intervenor Inability to Justify Expense of Further Participation.Svc List Encl

ML20012E766
Person / Time
Site:	Seabrook
Issue date:	03/27/1990
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Bollwerk G, Rosenthal A, Wilber H Atomic Safety and Licensing Board Panel
References
CON-#290-10187 ALAB-924, LBP-88-32, LBP-89-32, OL, NUDOCS 9004060265
Download: ML20012E766 (3)

Text

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!. B AC KUO. M EY E R & SOLOMON ATTORNtva AT LAW y,g ((i nosta, A eAChus lie LowtLL STHECT U$NP.C '

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OD ICL N SEtilElAHY '

OOCK[llNG A MHVICI flRANCH March 27, 1990 .

l Administrative Judges G. Paul Bo11werk, III, Chairman

[

Alan S. Rosenthal Howard A. Wilber

• US NRC Washington, DC 20555 '

,RE:

Public Service Company of New Hampshire, et al.

(Seabrook Station, Unit 1)

Docket No.

50-443-OL/e/4//-8/

Dear Administrative Judges:

This is to advise the Appeal Board that the Seacoast Anti-Pollution League, at present, has no intention of proceeding '

further the Appeal in regard Board. to the Seabrook Nuclear Plant proceedings before has raised, Without waiving any of the issues which SAPL and which are pending before this Appeal Board as a the expense of further participation by appearing for oralresu argument before the Appeal Board. Accordingly, SAPL submits its Appeal of the SPML Decision, and the Graded Exercise Decision '

(LRP-89-32) on its Brief and requests that the Massachusetts Attorney issues briefed General beby filed permitted SAPL. to present oral argument on the E

L L As the members of this Board will be aware, SAPL interv ,

L should be licensed for nuclear operation.and material to a decision It now appears that the '

I issues admitted somehow in the issues, no1' licensing proceeding, as licensing issues, are I

otherwise, it is hard to understand how the of a license, Licensing Board could have directed the immediate issuance 924, notwithstanding this Appeal Board's order, in AIAB-on four that the prior licensing decision was " reversed and remanded" issues.

900406026S 900327 PDR ADOCK 050004A3 o PDR

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G. Paul Bollwerk, III, Chairman Alan S. Rosenthal Howard A. Wilber

,Page 2 i March 27, 1990 i 1

l The Commission's decision to let that 21 censing authorization become effective, notwithstanding the still outstanding reversal of the Licensing Board's prior licensing decision in LBP-88-32 further emphasizes that, so far as the NRC is concerned, issues that were admitted for litigation as material to licensing, can somehow be decided in favor of the intervenors, and then be decreed not material to licensing. In short,  !

before this Board was nullified by the Commission.a fairly won victory Long ago a member of this Board assured SAPL's counsel that, whatever the outcome of the Scabrook proceeding might be, the intervenors could be at least assured that there would be a fair hearing.

that Although a fair hearing was nct afforded, SAPL is aware Appeal Board. that this did not happen is not the fault of the the fact Very truly you,rs,

$t; w Robert A. Backus RAB: j sr cc Service List i

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p a g +< ,, y .. .

Alan S. Bosenthal: Docketing & Service Sec. SAPL ,

' Atanic Safety and Licensin9 Offioe of Secretary 5 Market Street'

< 1 Appeal Panel ' US NRC Portsmouth NH 03801

. W NRC Washingtor., DC 20555-Washington, DC 20555 ikU  ;

$- '90 APR -3 P1 :11-Howard A. Wilber George W. Watson, Esquire e At ' 'M8t!M@s,OfficeEsquire Atmic Safety and Licensin9 rederal Emergency i

Appeal.' Board Management Agency State o ' Hanpshire US NRC 500 C Street, S.W. Concord, NH 03301 Washington, DC- 20555 Washington, DC 20472

._ G. PIul Bollwerk, III, Chrmn. Edwin J. Reis, Esquire Sandra Gavutis Atcrnic Safety and Licensin9  : Office of Exec. Isgal Dir. Town of Kensington Appeal Panel US NBC Box 1.154 US NRC ~ Washington, DC. 20555' East Kingston, NH 03827  ;

Washington, DC 20555 Senator Gordon J. H@ey 1 Kenneth A. McColle John Traficanto, Esquire Atomic Safety and Assistant Atty. General US Senate

= Licensing Board One Ashburton Place Washington, DC 20510 US NRC .

19th Floor Attn. Cordon MacDonald Washington, DC' 20555 . Boston, !% 02108 l

K

. Richard F. Cole Judith H. Mizner, Esquire Atmic Safety and

!- :At mic Safety and' Licensing' 79 State Street Licensing Appeal Board i Board .Newburyport, MA 01950 Panel l

US NRC US NRC Washington, DC 20555 Washington, DC 20555 Atomic Safety and Ivan W. Smith, Chrmn. Paul McEachern, Esquire Atmic Safety and Shaines & McEachern Licensing Board Panel Licensing Board 25 Maplewood Avenue US NBC L

P US NRC P.O. Box 360 Washington, DC 20555 ,

Washington,.DC 20555 Portsmouth, NH 03801 Diane Curra:1, Esquire Th mas Dignan, Esquire i Harman, Curran & Tousley Ropes & Gray 20001 S Street NW One International Place Suite'430 Boston, MA 02110 Washington, DC 20009 a .