ML20024E356

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Order Rejecting Commonwealth of Ma 830715 Untimely Contention Re Applicant Evacuation Time Estimates for Beach Areas.No Attempt Made to Justify Late Contention.Four Issues Raised Are Res Judicata
ML20024E356
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 08/05/1983
From: Hoyt H
Atomic Safety and Licensing Board Panel
To:
MASSACHUSETTS, COMMONWEALTH OF
References
82-471-02-OL, 82-471-2-OL, ISSUANCES-OL, NUDOCS 8308100281
Download: ML20024E356 (2)


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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMISSION H-AUG S 1983 >

ATOMIC SAFETY AND LICENSING BOARD crt,c. or n,s

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A Before Administrative Judges:

D Helen F. Hoyt, Chairperson m

Emmeth A. Luebke Jerry Harbour In the Matter of

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Docket Nos. 50-443-0L

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50-444-0L PUBLIC SERVICE COMPANY

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(ASLBPNo. 82-471-02-OL) 0F NEW HAMPSHIRE, e_t_ _al.

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(Seabrook Station, Units 1 and 2)

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August 5, 1983 ph ORDER (Rejecting Contention of Massachusetts)

On July 15, 1983, Massachusetts filed a new, untimely contention.I fiassachusetts alleges to a great extent the same issues upon which this Board has just ruled in favor of Applicants pursuant to their motion for summary disposition. Memorandum and Order (June 30,1983).

Applicants and the NRC Staff filed responses on July 26 and August 1 respectively.2 Massachusetts has made no attempt to justify admission of a late contention.

See 10 CFR 6 2.714(a)(i)-(v). Moreover, the first four I

Contention of Attorney General Francis X. Bellotti Relative to Applicants' Evacuation Time Estimate for Beach Areas (July 15, 1983).

2 Applicants' Answer to " Contention of Attorney General Francis X.

Bellotti Relative to Applicants' Evacuation Time Estimates for Beach Areas" (July 26, 1983); NRC Staff Response Opposing Admission of " Contention of Attorney General Francis X. Bellotti Relative to Applicants' Evacuation Time Estimates for Beach Areas" (August 1, 1983).

I 8308100281 830805 PDR ADOCK 05000443 0

PDR 3)soa.

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. issues raised in the Massachusetts Contention are res judicata. The fiith (and last) issue remains a part of NECNP Contention III.12/III.13.

Accordingly, for the reasons stated above, the Board rejects Massachusetts' Contention Relative to Applicants' Evacuation Time Estinates for Beach Areas.

IT IS SO ORDERED FOR THE ATOMIC SAFETY AND LICEP' ING BOARD 3

Helen F. Hoyt, Chairpe ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 5th day of August, 1983.