ML20050E245

Notice of non-receipt of ASLB Order Setting Special Prehearing Conference.Commonwealth Will Attempt to Comply W/Regulations & File Contentions by 820421.Certificate of Svc Encl

ML20050E245
Person / Time
Site:	Seabrook
Issue date:	04/05/1982
From:	Shotwell J MASSACHUSETTS, COMMONWEALTH OF
To:
References
ISSUANCES-OL, NUDOCS 8204130138
Download: ML20050E245 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 82 ppa-9 R23kf before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW EAMPSHIRE, et al ) 50-444-OL

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(Seabrook Station, Units 1 and 2) )

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NOTICE OF THE COMMONWEALTH f b OF MASSACHUSETTS OF

.9Ey ,. 0 NON-RECEIPT OF -ORDER -

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_# c2m '9 SETTING SPECIAL PREHEARING__ ~

CONFERENCE .

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• y On March 29, 1982, the Commonwealth of Massachuse ['d a copy of a document-filed by the State of New Hampshire in this matter entitled " Motion for' dditional Time for Filing Supplement

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to Petition to-Intervene." It was that document which[first '

informed.the Commonwealth that the Atomic Safety and, Licensing 5oard had apparently ordered a Special Prehearing, Conference in this matter. The Commonwealth has never been served with a

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copy of the Board's Order. , ,

According to the Motion of the State of New Hampshire, the Board's Order calls a prehearing confergnce for May 6;, 1982, and

" requires the State and.the Attorney General to file their contentions thirty (30) days prior to the May 6, 1982 bearing . ..,

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8204130138 820405 PDR ADOCK 05000443 PDR

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Still not having received a copy of the Board's Order, the Commonwealth of Massachusetts cannot interpret or comply with its terms. However, the Commission's rules clearly provide that contentions are not due until fifteen days prior to the special prehearing conference. See 10 C.F.R. 2. 714 (b) . The Commonwealth submits this Notice to state for the record that it has never received a copy of the Board's Order, but that it will make every attempt to comply with the Commission's regulations and file its contentions by April 21,-1982. Since that date is only two and one-half weeks away, the Commonwealth certainly 'could not comply with any tighter schedule, even if such were permitted-by the

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Commission's regulations.

The' Commonwealth. asks that it be served with a copy _of the-Board',s Order as soon as possible. Service of this and all other orders in this matter should be made upon Jo Ann Shotwell, Esquire, Assistant Attorney General, Office of the Attorney General, Environmental Protection Division, One Ashburton Place, 19th Floor, Boston, Massachusetts 02108.

Respectfully submitted, A

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p NN SHOTWELL '

Assistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General Dated: April 5, 1982 One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265

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CERTIFICATE OF SERVICE I, Jo Ann Shotwell, Esquire, hereby certif th 'a9 cEpy0of the foregoing Notice has been mailed this 5th day of April, 1982, by first class mail, postage prepaid, to:

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Helen Hoyt, Chairwoman Dr. Emmeth A. Luebke Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. NRC U.S. NRC Washington, D.C. 20555 Washington, D.C. 20555 Dr. Oscar H. Paris E. Tupper Kinder, Esquire Administrative Judge Assistant Attorney General Atomic Safety and Licensing Office of the Attorney General Board Panel 208 State House Annex U.S. NRC Concord, NH 03301 Washington, D.C. 20555 Rep. Nicholas J. Costello Lynn Chong 1st Essex District Bill Corkum Whitehall Road Amdsbury, MA '01913 Gary McCool Box 65 ,

Plymouth, NH 03264 Tomlin P. Fen'drick .

822 Lafayette Road Roy-P. Lessy, Jr., Esquire P.O.. Box 596 Office of the Executive Legal Hampton, NH 03842 Director, 10205 MNBB . . -

U.S. NRC William S. Jordan, II, Esquire Washington, D.C. 20555 - Ellyn R. Weiss, Esquire Harmon & Weiss Robert A. Backus,. Esquire  ; . 1725 I. Street,- N.W. ~

116 Lowell Street Saite 506 P.O.; Box 516 . Washington, D.C. 20006 -

Manchester, N!! 03105 ,

Phillip Ahrens,-Esquire- -

Rep. Arnie Wight Assistant Attorney General State-of New Hampshire State House, Station #6 House of Representatives Augusta, ME 04333 Concord, NH 03301 Donald L. Herzberger, MD Paul A. Fritzche, Esquire George Margolis, MD Public Advocate Hitchcock Hospital State House, Station #12 Hanover, NH 03755 Augusta, ME 04333 T

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Wilfred L. Sanders, Esquire Edward J. McDermott, Esquire Sanders and McDermott Sanders and McDermott 408 Lafayette Road 408 Lafayette Road Hampton, NH 03842 Hampton, NH 03842 Thomas G. Dignan, Jr., Esquire Senator Robert L. Preston Ropes and Gray State of New Hampshire 225 Franklin Street Senate Chambers Boston, MA 02110 Concord, NH 03301

't Atomic Safety and Licensing Atomic Safety and Licensing

) Appeal Board Panel Board Panel U.S. NRC U.S. NRC washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Sec. Robert L. Chiesa, Esquire Office of the Secretary Wadleigh, Starr, Peters, U.S. NRC Dunn & Kohls Washington, D.C. 20555 95 Market Street '

_- Manchester, NH. 03101-Ms. Patti Jacobson 3 Orange Street David A. Repka, Esquire Newburyport, MA 01950 Counsel for NRC Staff U.S. NRC Cooperative Members for Washington, D.C. 20555 Responsible Investment ~~ ~

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Box 65' Plymouth, NH 03264 __ ,.

~ * ** m n 6 JO SHOTWELL sr 9'

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