ML20029A009

Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc

ML20029A009
Person / Time
Site:	Seabrook
Issue date:	01/24/1991
From:	Greer L MASSACHUSETTS, COMMONWEALTH OF
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#191-11351 OL, NUDOCS 9102010041
Download: ML20029A009 (5)

Text

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g JM.25 ;P1 A2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION . - . v g ciitt#f .i TiCrdNGNII#

liHMID' ATOMIC SAFETY AND' LICENSING APPEAL BOARD-Before Administrative Judges:l G. Paul Bollwerk III, Chairman.

Alan S. Rosenthal i Howard A. Wilber H

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In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, ET AL. )-

)

(Seabrook Station, Units 1 and 2) ) .' January 24, 1991

)

RESPONSE TO THE APPEAL BOARD'S ORDER OF JANUARY 11, 1991-In its order, dated January 11, 1991, the Appeal' Board observed that a new Governor and Attorney' General had recently taken office in the Commonwealth.

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In light of such changes ,

the Appeal Board directed the Massachusetts Attorney. General

(" Mass AG") to advise tholboard as to whether "there has -been any change in the position of the' Commonwealth concerning its-non-participation in Seabrook Emergency Planning."

After Attorney General Scott-Harshbarger was sworn--into office on January 16, 1991, he, through his staff, commenced a 9102010041 910124 PDR t. DOCK 0S000443 0 PDR j 3ySob

review of the previous Attorney General's positions on the licensing of Seabrook Station. While that review has not yet been completed, to date there is no change in the position of the office. The Attorney General will continue as an Intervonor in the Seabrook Licensing proceeding, and recognizes his responsibility to bring to the attention of the Appeal Board and other appropriate authorities any decision to change his posture on the matter.

Governor William Wold was sworn into office on January 3, 1991. The Governor has assigned personnel on his staff to review the status of Emergency Planning at Seabrook Station and the Seabrook Licensing Proceeding and is presently assessing whether to change the Commonwealth's position. The Governor has indicated that he believes some changes to the Commonwealth's position on emergency planning for Seabrook Station may be appropriate. It is expected that the Governor will reach a decision on the matter within two weeks. At that time, the Mass AG will promptly report the substance of any, and all, such changes to the Board.

Respectfully submitted, SCOTT HARSHBARGER ATTORNEY GENERAL E .

By: Leslie Greer Assistant Attorney General Nuclear Safety Division one Ashburton Place, Boston, Massachusetts 02108 617-727-2200 Date: January 24, 1991

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4 d ;i.0 wtkC Filed: January 24, 1991 91 Ju25P14j UNITED STATES OF AMERICA ;g . . J .qt ' . _ l

, a . t i a '. O l NUCLEAR REGULATORY COMMISSION.

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before the SECRETARY OF THE COMMISSION

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In the Matter of )

)

PUBLIC SERVICE COMPANY OF ) Docket'Nos. 50-443-OL-NEW HAMPSHIRE, et al. )- 50-444-OL-

) 50-443-OL-1

) 50-444-OL-1.

(Seabrook Station, Units 1 and 2 )

)

CERTIFICATE OF SERVICF I, Leslie Greer, hereby certify that on January 24, 1991, I made service of the enclosed Motion For Substitution Of A' Party

, and Response to the Appeal Board's Order of January 11, 1991 by-Federal Express as indicated by (*) and by-first class mail to:

Ivan W. Smith, Chairman- Kenneth'A. McCollom Atomic Safety & Licensing Board 1107 W. Knapp St.

U.S.. Nuclear Regulatory Commission Stillwater, OK 74075 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Richard F. Cole -Robert R. Pierce, Esq.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear _ Regulatory Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East' West Highway Bethesda, MD 20814 Bethesda, MD 20814 l

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• Docketing and Service U.S. Nuclear Regulatory Commission ' Thomas G. Dignan, Jr.1 Ropes & Gray Washington, DC 20555

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One International Place Boston, MA 02110 Elaine Chan Mitzi A. Young, Esq. Philip Ahrens, Esq.

Edwin J. Reis, Esq. Assistant Attorney General U.S. Nuclear Regulatory Commission Department of the Attorney General Office of the General Counsel Augusta, ME 04333 11555 Rockville Pike, 15th Floor Rockville, MD. 20852 H. Joseph Flynn, Esq.

• Atomic Safety & Licensing Assistant General Counsel Appeal Board Office of General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, DC 20555 Agency 500 C Street, S.W.

Washington, DC 20472 Robert A. Backus, Esq. Atomic Safety & Licensing Board Backus, Meyer &. Solomon U.S.-Nuclear Regulatory Commission 116 Lowell Street Washington, DC 20555 P.O. Box 516 Manchester, NH 03106 Jane Doughty Diane Curran, Esq.

Seacoast Anti-Pollution League Harmon, Curran & Towsley Five Market Street Suite 430 Portsmouth, NH 03801 2001 S Street, N.W.

Washington, DC 20008

~ Barbara St. Andre, Esq. -Judith Mizner,-Esq.

Kopelman & Paige, P.C. 79 State Street 77 Franklin Street Second Floor Boston, MA 02110 Newburyport, MA .01950 Charles P. Graham, Esq. R. Scott Hill-Whilton, Esq.

Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33_ Low Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950 Ashod N. Amirian, Esq. Senator Gordon J. Humphrey 145 South Main Street U.S. Senate P.O. Box 38 Washington, DC 20510 Bradford, MA 01835 (Attn: Tom Burack)

Senator Gordon J. Humphrey John P. Arnold, Attorney General One Eagle Square, Suite 507 Office of the' Attorney General Concord, NH 03301 25 Capitol Street (Attn: Herb Boynton) Concord, NH 03301 1

Hand delivery was made on January 25, 1991 by 10:00 a.m.

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. p Paul McEachern, Esq. Kenneth C. Rogers, Commissioner Shaines & McEachern U.S. Nuclear Regulatory 25 Maplewood Avenue, -

Commission Portsmouth, NH 03801 Washington, DC 20555

• G. Paul Bollwerk, Chairman

• Alan S. Rosenthal Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board, 5th FL. Appeal Board, 5th FL.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Bethesda, MD 20814 Bethesda, MD 20814

• Howard A. Wilber Jack Dolan Atomic Safety & Licensing Federal' Emargency Management ency Appeal Board, 5th FL. Region 1 U.S. Nuclear Regulatory Commission J.W. McCormack Post Office &

Bethesda, MD 20814 Courthouse Building, Room 442 Boston, MA 02109 George Iverson, Director Kenneth M. Carr, Chairman N.H. Office of Emergency Management U.S. Nuclear Regulatory State House Office Park South Commission 107 Pleasant Street Washington, DC 20535 Concord, NH 03301 Forrest J. Remick, Commissioner James R. Curtiss, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555 Respectfully submitted, SCOTT HARSHBARGER ATTORNEY GENERAL Leslie Greer Assistant Attorney General Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated: January 24, 1990 1976n

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