ML20043A680
| ML20043A680 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/01/1990 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20043A672 | List: |
| References | |
| ALAB-924, LBP-89-32, LBP-89-33, OL, NUDOCS 9005220395 | |
| Download: ML20043A680 (5) | |
Text
( /W, V
7 February 1, 1990
. UNITED STATES OF AMERICA NUCLEAR REGULATORY COKMISSION ATOMIC SAFETY AND LICENSING BOARD f
Before Administrative Judges:
Ivan W. Smith, Chairman Richard F. Cole i
Kenneth A. McCollom i
t
)
Docket No. 50-443-OL-1 1
In the Matter of
)
)
(Off-site Emergency
~i PUBLIC SERVICE COMPANY OF
)
Planning and Safety i
OF NEW HAMPSHIRE, et al.
)
Issues)
)
(Seabrook Station, Unit 1
)
)
~
SEACOAST ANTI-POLLUTION LEAGUE ' S OBJECTION TO APPLICANTS' MOTION OF JANUARY 26, 1990 On January 26, Applicants filed a pleading styled " Motion to Dismiss Abandoned Romand Issues" in which the Applicants attempt to totally regate the order of the Appeal Board, which " reversed and remanded" four issues arising out the NHRERP litigation, on the theory that SAPL has abandoned the issues.
The motion is frivolous, and should be denied, e
First, at no time has SAPL indicated any intention to
" abandon" the remanded issues.
All SAPL has indicated, in its letter of January 19, is that, as one party to the litigation, it l
does not intend to participate in litigation on any issues that are unrelated to licensing.
This Board has made clear both in LDP-89-32 and LBP-89-33, that it considers the remanded issues are 9005220395 900516 PDR ADOCK 05000443 0
PDR,
E e
t irrelevant to licensing because, in the Board's view, none are
" safety significant".
Until that determination is changed by the
}f Board, or reversed or vacated by higher authority, SAPL has no
<i reason to participate in further proceedings before the Board, as its January 19 letter made clear.
In short, in no.way has SAPL abandoned the issues:
it has simply responded to the Board's decision that none of those issues are relevant to licensing, a decision that SAPL believes is both unprecedented and erroneous, and, indeed, patently illegal.
Second, the Appeal Board in ALAB-924 did not remand contentions:
it remanded issues.
The contentions' admissions game is over.
The question now, as a result of the Appeal Board's l
reversal and remand, is whether the issues which were reversed and remanded are going to be remedied by "further action consistent with this opinion."
A LAB-9 24, Slip Opinion, p. 20.
- Moreover, SAPL does not "own" the remanded issues; they are issues concerning the public health and safety, and therefore not pertinent or relevant only to SAPL, or SAPL's members.
Since the remanded issues do involve issues of the public health and safety, they cannot be ignored or negated by the simple expedient of attempting to eliminatt one of the parties to the litigation.
Third, SAPL again notes that it has joined in the positions of the MASS AG and NECNEP asserting that jurisdiction over these matters has now passed to the Court of Appeals, because of the l
licensing authorization in LBP-89-32, and that this Board cannot L <
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.n w' undertake to alter the underlying decisional record of the' decision on appeal.
Unless the licensing authorization contained in LBP-89-32 is vacated or reversed, no further proceedings are appropriate, since the licensing authorization is final agency action subject to, and now under, appeal to the Court of Appeals.
y Respectfully submitted, i
Seacoast Anti-Polution League By its Attorneys, BACKUS, MEYER & SOLOMON BY : _
2
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-' Ro,bJrP C Backus, Esq.
kJ6 Lowell Street j
P. O. Box 516 Manchester, NH 03105 (603) 668-7272 w /- /ff DATED: e r.
r-v I hereby certify that copies of the within' objection have been fowarded by first-class mail, postage prepaid to all parties on the attached service list.
v/
((((#4 RopepY A. Backus, Esquire r
4
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-Ivan W. 9mith, Chairman l Atomic Saf:ty cud Surnna Brciasth Thoman Dign:n, E quira
-Li'::r ing Board Board of Selectmen Ropes & Cray US NRC Town llall g g 0gpInternational Place One Drinkwater Road UAston, MA 02110-2624 Wa:hington, DC 20555 llampton Falls, Nil 03844
% MAY 21 A8:36 Ke neth A. McCollom 0FF tcE OF SECitt]AW
-At tic Safety and Docketing & Service Sec. DOCK [1tNG A SlHVICI:
Lico :ing Board Office of the Secretary' BRl9ML US NRC US NRC 5 Market Street Washington, DC 20555 Portsmouth, Nil 03801
<W:shington, DC 20555 t
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'Offics of Selectmen
' T wn cf flampton Falls Richard F. Cole Cooffrey thintington, Esquire llampton Falls, Nil 03844 Atomic Safety and Licensing Attorney General's Office Board State-llouse Annex US NRC Concord, Nil 03301 Washington, DC 20555 A-hod N. Amirian, Esquire 145 South Main Street Joseph Flynn, Asst. Gen. Cnsl.
Sandra Cavutis P.O. Box 38 Federal Emergency Town of Kensington Br:dford, MA 01835 Management Agency Box 1154 500 C Street SW East Kensington, Nil 03827 Washington, DC 20555
.' John'Traficonte, Esquire A::ictcut Attorney General Edwin Reis. Esquire Charles P. Craham, Esquire On3 Ashburton Place Office of Exec. Legal Dr.
19th F1 US NRC
. Murphy & Graham I
33 L w Street W shington, DC 20555 Bort n,
!A 02108 Newburyport, MA 01950
- R. Scott.nlill-Whilton, Esq.
79 State Street Judith 11. Mizner, Esquire William S. Lord 79 State Street
'N3wburyport, MA 01950 Office of Selectmen Newburyport, MA 01950 Town llall Friend Street Amesbury, MA 01913 t
i i
Dicna Curran, Esquire lirrmon, Curran & Tousley Paul McEachern, Esquire Senator Cordon J. Ilumphrey 20001 S Street NW Shaines & McEachern US Senate Suits'430-25 Maplewood Avenue Washington, DC 20510 P.O. Box 360 W nhington, DC 20009 Attn:
Gordon Mcdonald Portsmouth, Nil 03801 i
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JhP'.Na'dera-
- J Town of Rye 155 Washington Road Rye, NH 03870 L
i-b Adjudicatory File.
i-Atomic Safety and Liy:: sing Board Panel US NRC
130 228th Street, SW Bothall, WA' 98021-9796-iL Rob;rt R. Pierce, Esquire At02ic Safety and Lic2nting Panel' e;US NRC W :hington, DC 20555 b
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