ML20034C808
| ML20034C808 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/03/1990 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#290-10324 LBP-89-32, LBP-89-33, OL, NUDOCS 9005150076 | |
| Download: ML20034C808 (6) | |
Text
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l, IONY l
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DOCKETED i
USNRC j
May 3, 1990
'90 MAY -4 A9 :44 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION irrttr or SECRt.it4Y v0CKli g g ! WICI-before the ATOMIC SAFETY AND LICENSING APPEAL BOARD i
In the Matter of PUBLIC SERVICE COMPANY Docket Nos. 50-443-OL OF NEW HAMPSHIRE, at al.
50-444-OL (Seabrook Station, Units 1 (offsite Energency and 2)
Planning Issues) i LICEN8EES8 ANSWER To MASSACEUSBTTS ATTORNEY GENERAL'S NOTION To ANEND BRIEF IN SUPPORT i
0F MIS APPEAL OF LBF-89-33, LBP-89-33 i
AND RELhTED RULINGS l
L Under date of April 27, 1990, the Attorney General of The Commonwealth of Massachusetts (MAG) has filed a document entitled
" Massachusetts Attorney General's Motion to.Anand Brief in L
Support of his Appeal of LBP-89-32, LBP-89-33 and Related Rulings" (the Motion).
Pursuant to 10 C.F.R. 5 2.730(c),
Licensees herein answer the Motion and say that for the reasons set forth below, the Motion should be denied.
Licensees cannot help but note at the outset the irony of MAG, having repeatedly asserted that this Appeal Board is powerless to act in light of the pendency of various petitions for review in the Court of Appeals, nevertheless, without BILAMR2. 58 D
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hesitation, seeks affirmative relief from this Board when it 4
serves his purpose to do so.
In any event, ths avowed purpose of l
1 the motion is to save an appeal of LBP-89-33 which has, to date, been waived by a failure to brief.
Duke power co. (Catawba j
Nuclear Station, Units 1 and 2), ALAB-355, 4 NRC 397, 413 (1976).
The Motion is the equivalent of a motion to file a brief some i
three months late.
f The Motion is inexcusably late.
Accepting the view that it was not until MAG read the Licensees' filing before the Licensing Board on February 1, 1990, that he realized that he might be in default in pressing an appeal on LBP-89-33, there is no excuse for not filing a motion to amend his brief from that time forward.
Indeed, he could have included the Motion as a part of his filing to this Appeal Board on February 6, 1990, but chose not to do so.
This was a tactical decision by a sophisticated j
lawyer.
He should be required to live with it.
The policy which governs the exercise of discretion involved here was stated approximately ten years ago in the Sheffield proceeding:
"Although the time limits established by the Rules of Practice with regard to appeals from Licensing Board decisions and orders are not jurisdictional, our general policy has been to enforce them strictly."
j Nuclear Enaineerina Comeanv. Inc. (Sheffield Illinois, Low-Level i
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4 Radioactive Waste Disposal Site), AIAB-606, 12 NRC 156, 160 (1980).
This policy should be adhered to here.
Respectfully submitted, j
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Thomas U. Di @, Jr.
George H. Infald Kathryn A. Selleck Jeffrey P. Trout Ropes & Gray i
One International Place Boston, MA 02110-2624 (617) 951-7000 I
counsel for Licensees 4
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l 000hETED UbHHC CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for Ike NAY ~4 A9 44 Licensees herein, hereby certify that on May 3, 1990, I made service of the within document by depositing copies thgro9bf MCiU with Federal Express, prepaid, for delivery to (or, wh.etorimc s sih1ARY-ynj indicated, by depositing in the United States mail, first BRANCH class postage paid, addressed to):
Alan S. Rosenthal,< Chairman Mr. Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel' U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Fifth Floor Fifth Floor 4350 East-West Highway 4350 East-West Highway Bethesda, MD 20814 Bethesda, MD 20814 Mr. Thomas S. Moore Mr. Richard R. Donovan l
Atomic Safety and Licensing Federal Emergency Management Appeal Panel Agency.
U.S. Nuclear Regulatory Federal Regional Center Commission 130 228th Street, S.W.
Fifth Floor Bothell, Washington 98021-9796 4350 East-West Highway Bethesda, MD 20814 Administrative Judge Ivan W.
H. Joseph Flynn, Esquire Smith, Chairman, Atomic Safety Office of General Counsel and Licensing Board Federal Emergency Management U.S. Nuclear Regulatory Agency Commission 500 C Street, S.W.
East West Towers Building Washington, DC 20472 4350 East West Highway Bethesda, MD 20814 Administrative Judge Richard F.
Gary W. Holmes, Esquire Cole Holmes &' Ells Atomic Safety and Licensing Board 47 Winnacunnet Road U.S. Nuclear Regulatory Commission Hampton, NH 03842 East West Towers Building 4350 East West Highway Bethesda, MD 20814 4
Administrative Judge Kenneth A.
Judith H. Mizner, Esquire McCollom 79 State Street, 2nd Floor 1107 West Knapp Street Newburyport, MA 01950 Stillwater, OK 74075
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i George Dana Bisbee, Esquire Robert R. Pierce, Esquire Associate Attorney General Atomic Safety and Licensing office of the Attorney General Board 25 Capitol Street U.S. Nuclear Regulatory l
Concord, NH 03301-6397 Commission 3
East West Towers Building
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4350 East West Highway Bethesda, MD 20814 Mitzi A. Young, Esquire Diane curran, Esquire-Edwin J. Reis, Esquire Andrea C. Forster, Esquire i
office of the General Counsel Marson, curran & Tousley U.S. Nuclear Regulatory Commission Suite 430 One White Flint North, 15th F1.
2001 S Street, N.W.
11555 Rockville Pike Washington, DC 20009 Rockville, MD 20852 Adjudicatory File Robert A. Backus, Esquire Atomic Safety and Licensing 116 Lowell Street Board Panel Docket (2 copies)
P.O. Box 516 j
U.S. Nuclear Regulatory Manchester, NH 03105
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Commission i
East West Towers Building
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4350 East West Highway t
Bethesda, MD 20814 3
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- Atomic Safety and Licensing Suzanne P. Egan, City Solicitor l
Appeal Panel Lagoulis, Hill-Whilton &
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i U.S. Nuclear Regulatory Rotondi i
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Commission 79 State Street l
Mail Stop EWW-529 Newburyport, MA 01950 Washington, DC 20555 l
Philip Ahrens, Esquire John Traficonte, Esquire Assistant Attorney General Assistant Attorney General Department of the Attorney Department of the Attorney General General Augusta, ME 04333 One Ashburton Place, 19th Fl.
l Boston, MA 02108 i
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Paul McEachern, Esquire Barbara J. Saint Andre, Esquire Shaines & McEachern Kopelman and Paige, P.C.
l 25 Maplewood Avenue 101 Arch Street P.O. Box 360 Boston, MA 02110 t
l Portsmouth, NH 03801 R. Scott Hill-Whilton, Esquire Ashod N. Amirian, Esquire Lagoulis, Mill-Whilton &
145 South Main Street Rotondi P.O. Box 38 79 State Street Bradford, MA 01835 Newburyport, MA 01950 !
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iJ estaator Gordon J. Humphrey.
- Senator Gordon J. Humphrey U.S. Senate One Eagle Square, Suite 507 Washington, DC 20510 concord, NH 03301 f.
(Attn:
Tom Burack)
(Attnt -Herb Boynton)
C. Paul Bollwerk, III, Chairman George Iverson, Director i-Atomic Safety and-Licensing.
N.H.-Office of Emergency
. Management
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Appeal Panel State House Office Park South U.S. Nuclear Regulatory Commission 4
. Fifth Floor 107 Pleasant Street 4350 East-West Highway Concord, NH 03301 Bethesda, MD. 20814 t
~ Mr. Jack Dolan Federal Emergency Management AqtDcy
. Region I J.W. McCormack Post Office &
4 Courthouse Building, Room.442 Boston, MA 02109 4
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i Thomas G. Q&gheW, Jr.
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(*=0rdinary U.S. First Class Mail.)
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