ML20033B939
| ML20033B939 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/25/1981 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20033B905 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8112020479 | |
| Download: ML20033B939 (4) | |
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USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMTSEIM 30 P2:25:
before the-r m m py'
'mG & SERV!CE-ATOMIC SAFETY AND LICENSId"G, BOARD.CH
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In the Matter of
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PUBLIC' SERVICE COMPANY OF NEW
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Docket Nos. 443-OL HAMPSHIRE, et al.
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50-444-OL
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(Seabrook Station, Units 1 & 2)
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APPLICANTS' RESPONSE TO THE REQUEST OF THE PUBLIC ADVOCATE OF THE STATE OF MAINE TO PARTICIPATE On November 17, 1981, the General Counsel to.the Public Advocate of the Maine Public. Utilities Commission (MPUC) filed a letter in which he requests on behalf of the " office of the Public' Advocate"* a reasonable opportunity to participate in the above-captioned matter.
For the reasons set forth below, the applicants say that this request should be denied.**
- The Maine Statutes are bereft of any reference to an " Office of the Public Advocate"; the statute refers only to the "Public Advocate".
- The reasons herein set forth are the ' relevant as of this time.
Should the Board permit the present Public Advocate to participate, the applicants still reserve the right to raise further objections arising out of future happenings including, but not limited to, a change in the authority or person of the Public Advocate.
8112O20479 811125 PDR ADOCK 05000443 0
Section 715(c) of the Commission's Rules of Practice contem-plates the participation of " representatives.of an interested State, county, municipality and/or agencies thereof".
If one is to " represent" a public entity, one must have authority to do so and the Public Advocate of the MPUC has no such authority.
It is true that the statute creating the Public Advocate provides that his duties incl _de:
"When deemed necessary by the Public Advocate, in the interest of the using and consuming public, or any particular group thereof, intervening and appear-ing on their behalf in any proceedings before the [MPUC], appeals from orders of the [MPUC], or proceedings before state and federal agencies and courts in which the subject matter of the action affects the customers of any utility doing busi-ness in LMainej
" 35 MRSA 9 l-A.2.J (emphasis added).
However, the statute also provides that:
"The duties of the Public Advocate are restricted to those relating to matters within the jurisdiction of the Public Utilities Commission."
35 MRSA 5 1-A.12 (emphasis added).
The issuance of an operating license to a nuclear power plant by NRC has no relation to matters within the jurisdiction of the Maine PUC.
Indeed, that agency only issues certificates of necessity foi the construction of generating stations in the State of Maine, see 35 MRSA 5 16, it has no such authority as to out-of-state facilities.
Thus, the Public Advocate is with-out the authority to carry out the role sought.
By their attorneys, Thomas G. Dignan, Jr.
Thomas G.
Dignan, Jr.
R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 4,_
O e
CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the applicants herein, hereby_ certify that on November 25, 1981, I made service of the within document by mailing copies thereof, postage prepaid, to:
Robert A. Backus, Esquire
' Mr. Arnie Wight, Chairman 110 Lowell Street House Science and Technology P.O. Box 516 Committee Manchester, NH 03105 Eouse of Representatives Concord, NH 03301 Mr. Tomlin P. Kendrick Executive Director E. Tupper Kinder, Esquire Coastal Chamber of Commerce Assistant Attorney General of New Hampshire
' 822 Lafayette Road Office of the Attorney General 208 State House Annex P.O. Box 596 Concord, NH 03301 Hampton, NH 03842 Mr. Robert F. Preston Paul A. Fritzsche, Esquire 226 Winnacunnet Road General Counsel Hampton, NH 03842 Public Advocate State House Station 112 Wilfred L. Sanders, Jr., Esquire Augusta, ME 04333 Sanders and McDermott Professional Association Philip Ahrens, Esquire 408 Lafayette Road Assistant Attorney General Hampton, NH 03842 Department of the Attorney General Roy P. Lessy, Jr., Esquire Augusta, ME 04333 Office of the Executive Legal Director Jo Ann Shotwell, Esquire U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D.C.
20555 Environmental Protection Division Public Protection Bureau Atomic Safety and Licensing Department of the Attorney General Board Panel I
One Ashburton Place, 19th Floor U.S. Nuclear Regulatory Commission Boston, MA 02108 Washington, D.C.
20555 William S. Jordan, III,. Esquire Atomic Safety and Licensing Appeal l
Harmon & Weiss Board Panel 1725 I Street, N.W.
U.S. Nuclear Regulatory Commission Suite 506 Washington, D.C.
20555 l
Washington, D.C.
20006 l
1 Thomas G.*Dignan, Jr.
l Thomas G. Dignan, Jr.
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