ML20034A884
| ML20034A884 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/13/1990 |
| From: | Hagins E NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | HAMPTON, NH, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NEWBURYPORT, MA, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#290-10248 LBP-89-32, LBP-89-33, OL, NUDOCS 9004250003 | |
| Download: ML20034A884 (7) | |
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f2I[f 00CKETED USNRC UNITED STATES OF AMERICA -
NUCLEAR REGULATORY COMMISSION-, gg 13 A9 58 ATOMIC SAFETY-AND LICENSING APPEAL BOAM l
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Administrative Judges:
g BRANC51 G. Paul Bollwerk, III, Chairman April 13, 1990 Alan S. Rosenthal Howard A. Wilber
, SERVED APR 131990
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In the Matter of
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PUBLIC SERVICE COMPANY.OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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(Offsite Emergency
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(Seabrook Station, Units 1
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Planning Issues) and 2)
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l ORDER The Massachusetts Attorney General, acting on behalf of all intervenors, has moved for reconsideration of our April 12, 1990 order denying intervenors' April 11, 1990 Motion l-for Immediate Stay or Cessation of_Further Appeal Board Review of LBP-89-32, LBP-89-33 and Related Rulings.- For the reasons set forth herein, the motion for-reconsideration is l
summarily denied.
The reconsideration motion provides insufficient reason-to withdraw the finding in the April _12 order that'the intervenors' April 11 motion was inexcusably late.
In this regard, we are unpersuaded that the April 9 docketing statement has the significance ' assigned to it by intervenors, particularly given the clear mandate of the Federal Rules of Appellate Procedure that their March 7 petition for review had to specify the " order" subject to-4 9004250003 900413 PDR ADOCK 05000443
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review.1 Moreover, accepting arguendo intervenors' thesis, expressed at the March 27 oral argument on a separate appeal in this proceeding, that they could " accede" to our jurisdiction over appeals decided up to the time their merits brief is submitted to the Court of Appeals, the tardiness of their April 11 motion is nonetheless apparent.
For, during the March 27 argument,' counsel for the Attorney General went on to acknowledge that the matters to be heard on April 18 realistically could not be disposed of prior to the May' deadline for the submission of the brief to the court.2 Nor have the intervenors made out a persuasive case for a stay of our order setting oral argument for' April 18.3 1 Fed.
R. App. P. 15(a).
See App. Tr. 14-16.
3 Under the Commission's. Rules of Practice, stay relief hinges on a balancing of these factors:
(1)
Whether the moving party has made a strong showing that it is likely to prevail on the merits; (2)
Whether the party will be irreparably injured-unless a stay is granted; (3)
Whether the granting of stay would harm other parties; and l
(4)
Where the public interest lies.
10 C.F.R.
S2. 788 (e).
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Apart from their continued' failure to establish a likelihood of success on the merits of their jurisdictional claim, there is a total lack of any-showing that irreparable injury would accrue from our consideration of intervenors' administrative appeals, particularly-with respect to their participation in the AprilE18 oral-argument.4 The Attorney General now asserts that.he will be' harmed because'he will
" affirmatively have-to present argument on April 18 or otherwise rest on the written' submissions or otherwise withdraw all or portions of his appeal."
We are unable to' perceive how, in availing himself~of the opportunity to present argument in support of intervenors' assignment of administrative error, the Attorney General might suffer any-injury, much less irreparable. harm.6 As we have had occasion to' note in the past, "[ilt is a well established rule of administrative law that 'a party is not ordinarily granted a stay of an administrative order without an appropriate showing of irreparable. injury'.
Permian Basin Area Rate Cases, 390 U.S.
747, 773 (1968)
(Harlan, J. ). ". Toledo Edison Co. (Davis-Bessc Nuclear Power Station, Units 1, 2 and 3), ALAB-385, 5 NRC 621, 626'(1977)..
See also Long Island Lighting Co. (Jamesport Nuclear Power Station, Units 1 and 2), ALAB-481, 7-NRC 807, 808 (1978).
Intervenors' Motion for Reconsideration (April 12, H
1990) at 2 (emphasis in original).
j 6 In the circumstances, it is not necessary to consider the third and fourth' stay factors.
See supra note 3.
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It is so ORDERED.
FOR THE APPEAL BOARD-4 Lt Eleanor E. HagAns Secretary to the' Appeal Board I
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter.of-l 1
PUBLIC SERVICE COMPANY OF NEW l
Docket No.(s) 50-443/444-OL-HAMPSHIRE. ET AL.
l' (Seabrook Station. Units 1 and 2),
I-1 I
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing AB ORDER DEN!ED MOTION...
have.been served ~upon the following. persons by U.S. mail,-first class, except i
as otherwise-noted and in accordance with the recuirements of 10 CFR Sec. 2.712.-
Administrative Judos Administrative Judos.
G. Paul Bollwerk. !!!
Thomas S. Moore, Chairman Atomic Safety and Licensino Appeal Atomic Safety and Licensing Appeal Board Board.
U.S. Nuclear Reculatory Commission-U.S. Nuclear Regulatory Commission Washington DC 20555 Washington, DC 20555 Administrative Judge.
Howard A. Wilber
' Administrative Law Judge Atomic Safety and Licensing Appeal Ivan W. Smith, Chairman Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 r
l Administrative Judge Administrative Judge Richard F. Cole Kenneth A.-McCollom Atomic Safety and Licensino Board Atomic Safety and' Licensing Board U.S. Nuclear Reculatory Cometssion U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC. 20555 Administrative Judge:
Robert R. Pierce, Escuire James H. Carpenter Atomic Safety and Licensing Board Alternate Technical Member ~
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board l
l, Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555-r l-Edwin J. Reis, Esq.
Mitzi A. Young-Office of the General Counsel-Attorney U.S. Nuclear Regulatory Commission Office of the General Counsel L
Washington, DC 20555 U.S. Nuclear Regulatory Commission.
Washington, DC 20555'
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Docket.No.(s)50-443/444-OL l
.AB ORDER DENIED MOTION...
k Diane Curran, Esc.
. Thomas 6. Dignan,'Jr., Esc.
p
_Harmon, Curran k'Tousley Ropes &-Grav k
L 2001-S Street, N.W., Suite 430 One International Place Washington. DC 20009 Boston, MA 02110 i
Robert A. Backus. Eso.
Paul McEachern, Esc.
Backus, Meyer & Solomon Shaines & McEachern 116 Lowell Street 25 Maplewood Avenue..P.O. Box 360 l
Manchester, NH 03106 Portsmouth, NH.03801 t
Garv W. Holmes, Esc.
Judith H. Mizner
- Holmes & Ells Counsel for Newburyoort 47-Winnacunnet Road 79 State Street Hampton, NH 03842 Newburyport, MA- 01950-I
-Suzanne P. Egan Barbara J. Saint. Andre l
City Solicitor Kopelman and Paige, P.C.
Lagoulis, Hill-Wilton and Rotondi'
. Town Counsel 79 State Street 101 Arch-Street-Newburyport, MA 01950 Boston, MA 02110 Jane-Doherty
' Seacoast Anti-Pollution League Ashed N. Amirian, Esc.
5 Market Street 145 South Main Street,'P.O. Box 38' Portsmouth, NH 03801 Bradford, MA ~01830 George Iverson, Director George W. Watson, Esc.
N. H. Of fice of Emergency Management Federal. Emergency Management Agency State House Office Park South 500 C Street, S.W.
107 Pleasant Street Washington, DC 20472
. Concord,, NH 03301 Jack Dolan George D. Bisbee, Esc.
Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (PDCH)
Office of the Attorney General Boston, MA 02109 25 Capitol Street Concord, NH 03301 1
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Docket No.(s)50-443/444-OL AB' ORDER DENIED MOTION...
I Suzanne Breiseth John Traficonte, Esc.
Board of Selectmen Chief, Nuclear Saf ety Unit
' Town of Hampton. Falls-Office of the Attorney General
'r Drinkwater Road One Ashburton Place, 19th Floor Hampton Falls, NH 03B44
-Boston, MA 02108 Peter J. Brann,LEsq.
Allen Lampert Assistant Attorney General Civil Defense Director
- Office of the Attorney General Town of Brentwood State House Station, #6 20 Franklin Street Augusta, ME 04333 Exeter, NH 03833 William Armstrong Anne Goodman, Chairman Civil Def ense Director Board of Selectmen Town of Exeter 13-15 Newmarket Road 10 Front Street Durham, NH 03024 Exeter. NH 03033 R.' Scott Hill-Whilton, Esquire Michael Santosuosso, Chairman Lagoulis, Hill-Whilton & McGuire
' Board of Selectmen 79 State Street South Hampton, NH 03827 Newburyport,, MA 01950-t Etanlev W. Knowles, Chairman Norman C. Katner Board of Selectmen Superintendent of Schools P.O. Box 710 School Administrative Unit No. 21 North Hamoton, NH 03862 Alumni Drive Hampton, NH 03842 q
Sandra F. Mitchell The Honorable Civil Defense Director Gordon J. Humphrey Town of Kensington ATTN Janet Colt Box 10, RR1 United States Senate East Kingston, NH 03027 Washington, DC 20510 t
i Dated at Rockville, Md. this 13 day of April 1990 Bffili Bi ihe 65cretiry~$i~5he Cosmisiion
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