ML20052B327
| ML20052B327 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/28/1982 |
| From: | Lessy R, Perlis R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8204300293 | |
| Download: ML20052B327 (5) | |
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04/28/82 l
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Uf!ITED STATES OF AtlERICA
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NUCLFAP P.EGULATORY C0ffilSSION A
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BEFORE THE ATOMIC SAFETY AhD LICENSING BOARD T f
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-Q PUBLIC SERVICE COMPANY OF Pocket f:os. 50-443 OL lieu hat;FSHIRE, et _al.
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50-444 OL
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(Scabrook Station, Units I erd 2)
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RESPONSE OF IIRC STAFF TO APPLICAllTS' I:CTICt' TO STRIKE THE !!0TICE OF THE COMMONWEALTH OF !!ASSACitOSETTS OF t.Cri-T.ECETFT OF ORDER SETTING SPFCIAL PREPEARING CONFERENCE On Isarch 12, 1982, the Licensing Board in this proceeding issued a
" Memorandum and Order Setting Special Prehearing Conference" (" Order").
Although the Licensing Board has not deterrived the standing of the various petitioners, it has apparently required seid petitioners to submit prcposed cententions to the Board by April 6,1982; the Staff and Applicarits wcre given until April 21 to respond to the contentions.1/
Order at 2-3.
On April 5,1982, the Commonwealth o' ifassachusetts
(" Massachusetts") filed a "flotice of Non-Peceipt of Order Setting Special Prehearing Conference" ("Fetice").
In its Notice,flessachusetts stated
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This procedure not only shortened the response time provided to the Staff by the Commission's Rules of Practice, but did not clearly provide the Staff with the opportunity to file its response five days after the response o' any other party. See 10 C.F.R. G E.714(c).
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thatithadneverLcenservedwithacopyoftheBoard'sOrderS/andthat it would "make every attempt to comply with the Commission's regulations and file its contention by April 21, 1982." Notice at 2.
Applicants responded on April 8 with a Motion to Strike the Notice (" Motion"). The Staff herein responds to the issues raised in Applicants' Hotion.
Applicants maintain that the Notice was not a pleading recognized by the Commission's rules and should therefore be stricken. Applicants further urge that the proper path for Massachusetts would have been to file a motion seeking an extension of time.3/ Motion at 2.
On April 20, 1982, approximately two weeks after the Board's date for the filing of contentions, Massachusetts filed its contentions in this 2/
Although never served with a copy of the Board's Order, counsel for Massachusetts had conversed with counsel for the NRC Staff, had been informed of the provisions of the Order, and had been informed where (in Boston) a copy of the Order could be obtained. See
" Response of the NRC Staff to Motion by NECNP for Clarification of i
Schedule for Filing Contentions or for an Extension of Time,"
4 fn. 3, April 19,1982.
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Such an extension request was filed by another intervenor in this proceeding (NECNP) on April 2, 1982.
In a pleading submitted on April 19, the Staff did not oppose this request (see fn.1, supra).
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proceeding.b/
In light of this circumstance, the Staff takes no position on Applicants' l'etion to strike Massachusetts' " Notice". However, the Staff does agree with Applicants that Massachusetts should have moved for an extension of tine.
In the absence of such a rction, the Staff submits that flassachusetts' contentions must be judged against the factors set forth in 10 C.F.R. h E.714(a)(1) for the treatment of nontimely " supplements" to petitions to intervene. See 10 C.F.R. 9 2.714(b).
Respectfully submitted, Roy P. Lessy, Jr.
Deputy Assistant Chief Hearing Counsel Robert G. Perlis Counsel for FPC Staff Dated at Fctbesda, Maryland this 28th day of April, 1982.
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In view of the late filing of Massachusetts' contentions the Staff rececsts that it be allowed the opportunity to respond to the contentions at the Prehearing Conference.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL NEW HAMPSHIRE, e_t_ _a_l_.
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50-444 OL
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(Seabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of RESPONSE OF NRC STAFF TO APPLICANTS' MOTION TO STRIKE THE NOTICE OF THE COMMONWEALTH OF MASSACHUSETTS OF NON-RECEIPT OF ORDER SETTING SPECIAL PREHEARING CONFERENCE in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 28th day of April, 1982.
Helen Hoyt, Esq., Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Oscar H. Paris
- l Administrative Judge Paula Gold, Asst. Atty. General l
Atomic Safety and Licensing Board Stephen M. Leonard, Asst. Attorney l
Panel do Ann Shotwell, Asst. Attorney U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, D.C.
20555 Environmental Protection Division One Ashburton Place, 19th Floor Lynn Chong Boston, MA 02108 Bill Corkum Gary McCool Nicholas J. Costello Box 65 1st Essex District Plymouth, NH 03264 Whitehall Road Amesbury, MA 01913 E. Tupper Kinder, Esq.
Assistant Attorney General Tomlin P. Kendrick Environmental Protection Division 822 Lafayette Road Office of the Attorney General P.O. Box 596 State House Annex Hampton, NH 03842 Concord, NH 03301 l
[
Rep. Arnie Wight Phillip Ahrens, Esq.
State of New Hampshire Assistant Attorney General House of Representatives State House Station #6 Concord, !!il 03301 Augusta, ME 04333 Pcul A. Fritzche, Esq.
Donald L. Herzberger, MD Ft.telic Aovocate Hitchcock Hospital State House Station #12 Hanover, NH 03755 Augusta, ME 04333 Edward J. McDenrott, Esq.
Wilfred L. Sanders, Esq.
Sanders and McDernott Sanders rrd McDermott 408 Lafayette Road 408 Lafayette Road Hampton, NH 03842 Hempter, NH 03842 Sen. Robert L. Preston Thomas G. Dignan, Jr., Esq.
State of New Hampshire Senate Ropes a Cray Concord, NH 03301
??F franklin Street Poston, MA 02110 Atomic Safety and Licensing Board Panel
- Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Appeal Panc1*
Wesbirpton, D.C.
20555 U.S. Nuclear Regulatory Ccmission Washington, D.C.
20555 Robert L. Chiesa, Esq.
Docketing and Service Secticr*
Wadleigh, Starr, Peters, Dunn Office of the Secretary
& Kohls U.S. I;uclear Regulatory Comission 95 Market Street Washington, D.C.
20555 flanchester, NH 03101 lis. Patti Jacobson 3 Orange Street t'ct.buryport, MA 01950 Villiam S. Jordan, III, Esq.
Robert A. Backus, Esq.
Ellyn R. Weiss, Esq.
11.6 Lowell Street Harmon & Weiss P.O. Box 516 1725 I Street,li.U.
flanchestcr, NH 03105 Suite 506 Washington, D.C.
20006 Roy P. Lessy,"'.
Deputy Assistant Chief Hearing Counsel