ML20033F606

Applicant Response to Intervenors Emergency Motion for Extension of Stay of Full Power Operation.* Motion Should Be Denied on Basis of Hearsay & Out of Context Nature of Basis for Filing.W/Certificate of Svc

ML20033F606
Person / Time
Site:	Seabrook
Issue date:	03/14/1990
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	NRC COMMISSION (OCM)
References
CON-#190-10075 OL, NUDOCS 9003220178
Download: ML20033F606 (7)

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i March 14, 1990 UNITED STATES OF AMERICA 0

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NUCLEAR REGULATORY COMMISSION e

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In the Matter of d

yg PUBLIC SERVICE COMPANY Docket Nos. 50-443-M OF NEW HAMPSHIRE,,Rt al.

50-444-OL (Seabrook Station, Units 1 (Offsite Emergency and 2)

Planning and Safety Issues)

APPLICANT 88 RESPON8E TO INTERVENOR8' EMERGENCY NOTION FOR EXTENSION OF STAY OF FULL POWER OPERATION Under date of March 14, 1990, the Intervenors herein have filed a document styled "Intervenors' Emergency Motion for Extension of Stay of Full Power Operation" (Motion)'

The document seek a further stay on the basis of hearsay testimony of Robert D. Pollard on the basis of certain INPO. reports and other documents which he purports to summarize, but refuses to

'The motion with attachments was apparently hand delivered to the Commission and the Staff with a certificate of service reflecting that it had been telefaxed to certain parties.

If the intention was to inform the commission that the document had been telefaxed to Applicants' Counsel, the statement was false.

Applicants' counsel did not learn of the existence of the document until about 3:30 PM when he received a telefax of a

" corrected page 1" of the covering letter.

He then called counsel for NECNP's office and demanded the entire document.

It was finally received at approximately 4:00 PM.

s nxa u.ss 9003220178 900314 PDR ADOCK 0500 3

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f disclose.

The result is a number of items being highlighted with no surrounding context, which are then further summarized and characterized in the motion itself as describing, "a wide array of serious safety deficiencies at the plant.

"2 gem, of which are then described in extremely general language.

Attached to the Motion and the Pollard affidavit, which is equally general in nature, is certain Congressional testimony of Mr. Pollard and Ralph Nader which apparently quotes from the INPO documents.

Prescinding from the hearsay and out of context nature of 4

the basis for the filing, the motion should be denied for even more basic reasons.

This commission has once denied a stay of Seabrook full power operation because there had been no showing of irreparable harm.3 The stay which is sought to be extended was granted only for the purpose of permitting an opportunity for the Intervanors to seek judicial relief.

The problem of irreparable harm has not been cured.

Nor has there been any strong showing that the Intervenors will prevail on appeal.

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2Motion at 2.

3Public Service Comoany of New Hamoshire (Seabrook Station, Units 1 and 2), CLI-90-03, 31 NRC (Mar.

1, 1990) Slip Op. 58-64.

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CONCLUSION The Motion should be denied.

Respectfully submitted, 4Eww

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Thomas G.

Difntn, Jr.

I George H. Lewald-

.Kathryn A. Selleck Jeffrey P. Trout Ropes & Gray One International Place Boston, MA 02110-2624 i

(617) 951-7000 counsel for Applicants

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i CERTIFICATE OF SERV M I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on March 14, 1990, I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery to (or where indicated, by depositing in the United States mail, first class postage paid, addressed to) the individuals listed below:

Kenneth M. Carr, Chairman Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission One White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 Forrest J. Remick, Commissioner James R.

Curtiss, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission one White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike l

Rockville, MD -20852 Rockville, MD 20852 Kenneth C. Rogers, Commissioner William C.

Parler, Esquire l

U.S. Nuclear Regulatory General Counsel Commission Office of the Ganeral Counsel I

one White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 G.

Paul Bollwerk, III, Chairman Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel l

U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Conmission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Alan S. Rosenthal, Esquire Thomas S. Moore l

Atomic Safety and Licensing Atomic Safety and Licensing l

Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission i

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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i Administrative Judge Ivan Smith Administrative Judge Kenneth A.

Chairman, Atomic Safety and McCollom Licensing Board 1107 West Knapp Street U.S. Nuclear Regulatory Stillwater, OK 74075 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Richard F.

H. Joseph Flynn, Esquire Cole, Atomic Safety and Office of General Counsel Licensing Board Federal Emergency Management U.S. Nuclear Regulatory Agency 4

Commission 500 C Street, S.W.

East West Towers Building Washington, DC 20472 4350 East West Highway Bethesda, MD 20814 Mr. Richard R. Donovan Diane Curran, Esquire Federal Emergency Management Andrea C.

Forster, Esquire i

Agency Harmon, Curran & Tousley l

Federal Regional Center Suite 430 1

130 228th Street,, S.W.

2001 S Street, N.W.

l Bothell, WA 98021-9796 Washington, DC 20009 Robert R. Pierce, Esquire George Dana Bisbee, Esquire Atomic Safety and Licensing Associate Attorney General Board Office of the Attorney General U.S. Nuclear Regulatory 25 Capitol Street Commission Concord, NH 03301-6397 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Adjudicatory File Mitzi A. Young, Esquire Atomic Safety and Licensing Edwin J. Reis, Esquire Board Panel Docket (2 copies)

Office of the General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th F1.

4350 East West Highway 11555 Rockville Pike Bethesda, MD 20814 Rockville, MD 20852 1

• Atomic Safety and Licensing Robert A. Backus, Esquire i

Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 l

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Philip Ahrens, Esquire Suzanne P.

Egan, City Solicitor Assistant Attorney General Lagoulis, Hill-Whilton &

Department of the Attorney Rotondi General 79 State Street Augusta, ME 04333 Newburyport, MA 01950 Pcul McEachern, Esquire John Traficonte, Esquire Shaines & McEachern Assistant Attorney General Maplewood Avenue Department of the Attorney P.O.

Box 360 General Portsmouth, NH 03801 One Ashburton Place, 19th Floor Boston, MA 02108

• Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire P

U.S. Senate Lagoulis, Hill-Whilton &

Washington, DC 20510 Rotondi (Attnt Tom Burack) 79 State Street Newburyport, MA 01950

• Senator Gordon J. Humphrey Barbara J. Saint Andre, Esquire One Eagle Square, Suite 507 Kopelman and Paige, P.C.

Concord, NH 03301 77 Franklin Street (Attn Herb Boynton)

Boston, MA 02110 Ashod N. Amirian, Esquire Judith H. Mizner, Esquire 145 South Main Street 79 State Street, 2nd Floor P.O.

Box 38 Newburyport, MA 01950 Bradford, MA 01835 Gary W. Holmes, Esquire Marjorie Nordlinger, Esquire Holmes & Ells Office of the General Counsel 47 Winnacunnet Road One White Flint North Hampton, NH 03842 11555 Rockville Pike Rockville, MD 20852 i

l Mr. Jack Dolan Federal Emergency Management Agency Region I J.W. McCormack Post Office &

Courthouse Building, Room 442 l

Boston, MA 02109 4

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George Iverson, Director N.H. Office of Emergency Management State House Office Park South 107 Pleasant Street Concord, NH 03301 r

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