ML20012F678
| ML20012F678 | |
| Person / Time | |
|---|---|
| Site: | Seabrook |
| Issue date: | 04/10/1990 |
| From: | Hagins E NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | HAMPTON, NH, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#290-10223 LBP-89-17, LBP-89-32, LBP-90-01, LBP-90-1, OL, NUDOCS 9004200080 | |
| Download: ML20012F678 (6) | |
Text
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DOChLIED USNHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 10 MW 10 P2:07 ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:
prstet or SECRETARY 00CKETING A SiHVIC[
G. Paul Bollwerk, III, Chairman April 10, 1990 BRANCH Alan S. Rosenthal Howard A. Wilber 9ERVED APR 1 0 1990
)
In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, ~et al.
)
50-444-OL t
)
(Of f site Emergency
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(Seabrook Station, Units 1
)
Planning Issues) and 2)
)
)
f ORDER l
l We are hearing oral argument on April 18, 1990, on the appeals taken by the Attorney General of Massachusetts, the Seacoast Anti-Pollution League (SAPL), the New England Coalition on Nuclear Pollution (Coalition), the Town of Hampton, New Hampshire, and several Massachusetts L
municipalities from the Licensing Board's determinations in LBP-89-32, LBP-89-17, LBP-90-1, and related rulings.
It now l
appears that only the Attorney General and the Town of l
Hampton will be represented at the argument.
Counsel for 1
the other appellants have advised us that they desire to have the Attorney General present argument on their behalf on the issues covered in the briefs submitted by them.
We are asked to permit him to do so.
I Yesterday, our counsel telephoned the Massachusetts Assistant Attorney General who will be presenting argument 9004200000 9004 J 0"'
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l to accertain whether he had agreed to assume the burden proposed by the majority of the other appellants.
He responded that, although not intending to address f
affirmatively issues that were not discussed in his own brief, he would endeavor to respond to any questions that this Board might put to him with regard to such issues, t
We take it from that response that the Assistant Attorney General will familiarize himself to some extent in advance of the argument with the briefs of the other appellants and the responses to those briefs on the part of the applicants and the NRC staff.
On that understanding, we grant the request of all of the appellants except the Coalition.
That appellant filed a joint brief with the Town of Hampton.
There is no apparent reason why Hampton counsel should not be responsible for the presentation of argument on the issues raised in a brief that he has signed.
Indeed, we can perceive no other basis for his participation in the argument.
SAPL and the Massachusetts municipalities should be aware that, while it may pose questions concerning matters raised in their briefs, this Board does not regard itself j
under an obligation to pursue at oral argument is' sues other than those that are addressed by the participants in the argument in the course of their affirmative presentations.
Any issue not touched upon during the argument will be deemed submitted on the brief.
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It is so ORDERED.
FOR THE APPEAL BOARD dw w m)
Eleanor E. Hag 4s Secretary to thW Appeal Board y
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UNITED' STATES OF AMERICA NUCLEAR RESULATORY COMMISSION i
i In the Matter of I
I PUBLIC SERVICE COMPANY 0F NEW I
Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL.
I (Seabrook Station, Units 1 and 2)
I I
I t
CERTIFICATE OF SERVICE l
! hereby certify that copies of the foregoing AB ORDER DTD 4/10 i
have been served upon the following persons by U.S. stil, first class, except i
as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Administrative Judge G. Paul Bollwerk, !!!
Thomas S. Moore, Chairman Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC. 20555 Washington, DC 20555 Administrative Judge f
Howard A. Wilber Administrative Law Judge l
Atomic Safety and Licensing Appeal Ivan W. Salth, Chatraan Board Atomic Safety and Licensing Board
'U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l
t Administrative Judge Administrative Judge Richard F. Cole Kenneth A. McCollon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Robert R. Pierce, Esquire James H. Carpenter Atomic Safety and Licensing Board Alternate Technical Member U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board l
Washington, DC 20555 U.S. Nuclear Regulatory Commission g
Washington, DC 20555 4
Edwin J. Reis, Esq.
Mit:1 A. Young Of fice of the Beneral Counsel Attorney U.S. Nuclear Regulatory Commission Office of the Beneral Counsel l
Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 1
1 i
- p.,
I Docket No.(s)S0-443/444-OL AB ORDER DTD 4/10 l'
t-Diane Curran, Esc.
Thomas 6. Dignan, Jr., Esc.
Harmon, Curran & Tousley Ropes 6 Gray 2001 S Street. N.W.
Suite 430 One international Place Washington, DC 20009 Boston, MA 02110 t
Robert A. Backus, Esc.
Paul McEachern, Esq.
Backus, Meyer.& Solomon Chaines & McEachern 116 Lowell Street 25 Maplewood Avenue, P.O. Fox 360 Manchester, NH 03106 Portsmouth, NH 03801 Bary W. Holmes, Esc.
Judith H. Mitner Holmes & Ells Couneel for Newburyport 47 Winnacunnet Road
- 79. State Street Hampton, NH 03B42 Newburyport, MA 01950 Buranne P. Egan Barbara J. Saint Andre City Solicitor Kopelman and Paige, P.C.
Lagoulis, Hill-Wilton and Rotondi Town Counse!
79 State Street 101 Arch Street Newburyport, MA 01950 Boston, MA 02110 Jane Doherty
- Seacoast Anti-Pollution League Ashed N. Amirian, Esq.
5 Market Street 145 South Main Street, P.O. Box 3B Portsmouth. NH 03801 Bradford, MA 01830 i
George Iverson, Director George W. Watson, Esq.
N. H. Of fice of Emergency Management Federal Emergency Management Agency State House Office Park South 500 C Street, S.W.
107 Pleasant Street Washington, DC 20472 Concord,, NH 03301 Jack Dolan Beorge D. Bisbee, Esq.
Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (PDCH)
Office of the Attorney General Boston, MA 02109 25 Capitol Street Concord, NH 03301 I:
L
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Decket No.(s)S0 443/444-OL r
L AB ORDER DTD 4/10 l
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l'Suranne Breiseth John Traficonte, Est.
i
' Board of Selectmen Chief, Nuclear Safety Unit i
Town of Hampton Falls Office of the Attorney General Drinkwater Road One Ashburton Place, 19th Floor Hampton Falls, NH 03844 Boston, MA 02108 j
Peter J. Brann, Esq.
Allen Lampert Assistant Attorney Beneral Civil Defense Director Office of the Attorney Beneral Town of Brentwood State House Station, 46 20 Franklin Street Augusta, ME 04333 Exeter, NH 03I33 l
William Armstrong-Anne Goodman, Chairman Civil Defense Director Board of Selectmen Town of Exeter 13-15 Newsarket Road i
10 Front Street Durham, NH 03024 Exeter, NH' 03833 R. Scott Hill-Whilton, Esquire MichaHI Santosuosso, Chairman Lagoulis, Hill-Whilton & McGuire Board of Selectmen 79 State Street South Hampton, NH 03827 Newburyport,, MA 01950 J
Stanley W. Knowles, Chairman Norman C. Katner Board of Selectmen Superintendent of Schools t
J P.O. Box 710 School Administrative Unit No. 21 North Hampton, NH 03862 Alumni Drive Hampton, NH 03642 Sandra F. Mitchell The Honorable Civil' Defense Director Bordon J. Humphrey Town of Kensington ATTN Janet Colt Box 10, RR1 United States Senate East Kingston, NH 03027 Washington, DC 20510
\\
Dated at Rockville, Md. this 10 day of April 1990
- 4. M O h:............
Office pf the Secretary of the Commission l
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