ML20023E246
| ML20023E246 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/24/1983 |
| From: | Lessy R, Patterson W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19354C487 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8306150238 | |
| Download: ML20023E246 (5) | |
Text
'v e May 24, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE'THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
50-444 OL (Seabrook Station, Units 1 and 2)
)
i NRC STAFF RESPONSE OPPOSING NECNP MOTION TO FILE OUT OF TIME ANSWER TO NRC STAFF AFFIDAVIT REGARDING ENVIRONMENTAL QUALIFICATION OF ELECTRIC VALVE OPERATORS In its Memorandum and Order of April 25, 1983, this Board ruled that 1/ n support of Applicants' Eighth NECNP's response to a Staff affidavit i
Motion for Summary Disposition (" Applicants' Motion") was due on May 2, 1983.
On April 29, 1983, NECNP sought ten additional days for its answer, citing "the complexity of the issue and the number of valve operators involved" as factors which justified additional time for response. NECNP Motion to Reconsider Licensing Board Memorandum and Order of April 25, 1983, at 2.
The Board denied NECNP's request in its Order of May 4,1983. On May 12, 1983, ten days after the Board-ordered deadline, and one day after the Board's i
l Memorandum and Order granting Applicants' Motion, NECNP filed its " Motion to File Out of Time Answer to NRC Staff Affidavit Regarding Environmental 1/
Joint Affidavit of Chu-yu Liang, William T. LeFave, and S. Stanley Kirslis, filed April 20, 1983.
DESIGNATED ORIGINAIl 0
~
d7 NK o!N 3 Cortified 37, /
s'//I
m Qualification of Electric Valve Operators" ("NECNP Motion"), in which it seeks once again the additional ten days which it was denied in the Board's NECNP now offers as the basis for its request the Order of May 4,1983.
a unavailability of its consultant until May 2, and the " logistical dif-NECNP Motion ficulties in working with consultants across the country."
These problems, attendant to NECNP's choice of consultants, do not at 2.
servetoexcuseitsnon-compliancewithaBoard-ordereddeadline.2/
More-over, NECNP has been on notice since November of 1982, when it received through discovery Applicant's Table I.A.2-1, as to those electric valve The Applicant's con-operators the Applicant did not intend to qualify.
clusion that those valve operators need not be qualified is the same conclusion reached by the Staff in its affidavit of April 20, 1983. NECNP thus had five months in which to prepare a response to the conclusions Its failure to address those conclusions in a timely reached by the Staff.
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l The time for raising such difficulties would have been prior to the expiration of the deadline; the Staff notes that no mention of these
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problems is to be found in NECNP's April 29, 1983 Motion to Reconsider.
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l l
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manner cannot be attributed to the unavailability of its consultant.3_/
NECNP'sMotionshouldthereforebedenied.1/
Respectfully submitted, YdA69k 1
William F. Patterson, Jr.
Counsel for NRC Staff Roy P. Lessf Deputy Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this 24th day of May, 1983 3/
Revealing,perhaps,NECNN'sbasicpositiontowardpreparingits argument on this issue, are the following statements by its counsel at the prehearing conference on April 7, 1983:
"It is not for us to analyze which of the non-safety related equipment must be qualified." [Tr.,
- p. 716] "We are saying all electric valve operators which must be qualified should be qualified. We don't have the burden of proof of showing exactly which ones those are."
[Tr., p. 722]
4/
Although the Staff opposes NECNP's Motion, it has nonetheless, as part of its continuing review, considered the concerns raised by NECNP and has detennined that they are unfounded. The Staff here-with transmits the attached affidavits of Chu-yu Liang and William T.
LeFave, not for purposes of summary disposition, which has already been granted on this contention, but for purposes of completing the record.
s 4
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et-al.
50-444 OL (Seabrook Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE OPPOSING NECNP MOTION TO FILE OUT OF TIME ANSWER TO NRC STAFF AFFIDAVIT REGARDING ENVIRONMENTAL QUALIFICATION OF ELECTRIC VALVE OPERATORS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail systems, this 24th day of May, 1983:
Helen Hoyt, Esq., Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry Harbour
- Jo Ann Shotwell, Asst. Attorney Administrative Judge Office of the Attorney General Atomic Safety and Licensing Board Environmental Protection Division Panel One Ashburton Place, 19th Floor
. U.S. Nuclear Regulatory Commission Boston, MA 02108 Washington, D.C.
20555 Nicholas J. Costello Beverly Hollingworth 1st Essex District 7 A Street Whitehall Road Hampton Beach, NH 03842 Amesbury, MA 01913 Edward L. Cross, Jr., Esq.
Sandra Gavutis George Dana Bisbee, Esq.
Town of Kensington, New Hampshire Environmental Protection Division RFD 1 Office of the Attorney General East Kingston, NH 03827 State House Annex Concord, NH 03301-Calvin A. Canney, City Manager i
City Hall Edward F. Meany 126 Daniel Street Town of Rye, New Hampshire Portsmouth, NH 03801 155 Washington Road Rye, NH 03870 Roberta C. Pevear Town of Hampton Falls, New Hampshire Mr. Robert J. Harrison Drinkwater Road President and Chief Executive Officer Hampton Falls, NH 03844 Public Service Co. of New Hampshire P.O. Box 330 Manchester, NH 03105
. i William S. Jordan, III, Esq.
Robert A. Backus, Esq.
Ellyn R. Weiss, Esq.
116 Lowell Street Harmon & Weiss P.O. Box 516 1725 I Street, N.W.
Manchester, NH 03105 Suite 506 Washington, D.C.
20006 Brian P. Cassidy Regional Counsel Phillip Ahrens, Esq.
FEMA, Region I Assistant Attorney General John W. McCormack Post Office &
State House Station #6 Courthouse Augusta, ME 04333 Boston, MA 02109 David R. Lewis
- Donald L. Herzberaer, MD Atomic Safety and Licensing Board Hitchcock Hospital U.S. Nuclear Regulatory Commission Hanover, NH 03755 Washington, D.C.
20555 Sen. Robert L. Preston Thomas G. Dignan, Jr., Esq.
State of New Hampshire Senate Ropes & Gray Concord, NH 03301 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Board Panel
- Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Appeal Panel
- Washington, D.C.
20555 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 John B. Tanzer Town of Hampton, New Hampshire Jane Doughty 5 Morningside Drive Field Director Hampton, NH 03842 Seacoast Anti-Pollution League 5 Market Street Letty Hett Portsmouth, NH 03801 Town of Brentwood RFD Dalton Road Docketing and Service Section*
Brentwood, NH 03833 Office of the Secretary U.S. Nuclear Regulatory Commission Patrick J. McKeon Washington, D.C.
20555 Chaiman of Selectmen, Rye, New Hampshire Ruthanne G. Miller, Esq.
10 Central Road Law Clerk to the Board Rye, NH 03870 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Anne Verge, Chairperson Washington, D.C.
20555 Board of Selectmen Town Hall Dr. Mauray Tye South Hampton, NH 03842 209 Sumer Street Haverhill, MA 01830 N $. YW William F. Patterson, Jr. f Counsel for NRC Staff
.-