ML20052C750

Response to Applicant 820426 Motion to File Late Response to New England Coalition on Nuclear Pollution Supplemental Petition to Intervene.Motion Unnecessary Due to Confusion & Conflict Over Filing Dates.Certificate of Svc Encl

ML20052C750
Person / Time
Site:	Seabrook
Issue date:	04/30/1982
From:	Jordan W HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8205050462
Download: ML20052C750 (6)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '82 IM -3 N0 52 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD i

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In the Matter of ) g gp PUBLIC SERVICE COMPANY OF ) gN ' ,

NEW IIAMPSIIIRE, et al., ) Docket Nos.sgy . . , 'y

) Q 4  ; C.- 97 (Seabrook Station Units 1 and 2) ) 50-433 OL b "

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e NECNP RESPONSE TO MOTION OF TIIE APPLICANTS 3 of TO RESPOND LATE TO TIIE NECNP SUPPLEMENTAL PETITION FOR LEAVE TO INTERVENE AND TO STAFF POSITION By Motion dated April 26, 1982, the Applicants requested leave "to file late a response to NECNP Supplemental Petition for Leave to Intervene." The request was premised on the Applicants' opinion that NECNP's Supplemental Petition was due on April 6, 1982, with the Applicants' response due on April 21, 1982.

As the Board is aware, it is the position of the New England Coalition on Nuclear Pollution (NECNP) that the Board's Order of March 12, 1982, did not establish any special deadline for the filing of contentions other than the one automatically established by 10 CFR 2.714 (b) .

That deadline was April 21, 1982, which we met. The Board's Order did not establish any deadline for Applicants to osd s 1

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8205050462 820430 PDR ADOCK 05000443 0 PDR ,

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respond to our filing. Presumably, they are governed by '

10 CPR 2.714 (c) , which provides 10 days for responses to petitions to intervene (15 days for the Staf f) . Accordingly, f we believe Applicants' Motion to be unnecessary. Ilavinq received our filing by special overnight delivery on April 22, ,

they are entitled to respond by May 2, 1982. I In a filing dated April 19, 1982, the Staf f stated that it would not oppose NECNP's filing contentions by .

f

, April 21, 1982, as long as the Staff and Applicants are i permitted to respond orally during the Special Prehearing  !

Conference. Apparently the request for an oral response i was based on an understanding that the Board would accept l no further written responses. For the reasons stated  !

above, that is not our understanding. Under 10 CFR ,

i 2.714(c), the Staff is entitled to respond in writing by May 7, 1982. A written response will be far more useful i

to the Board and will allow a more cogent reply by NECNP.

With respect to either Applicant or Staff objections to any I i

of our contentions, NECNP then has the right to respond under the principles of Ilouston Lighting and Power Co.

, (Allens Creek Nuclear Generating Station, Unit 1), ALAB-565, i 10 NRC 521 (1979).

While we have indicated above the deadlines by which we believe the Applicants and the Staff must file responses [

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. 3 under the regulations,* we seriously question the advisability at this stage of the proceeding of adhering strictly to those deadlines or to any similar deadlines that might apply to intervenors. This proceeding will not achieve its fundamental purpose of clear and thorough examination of the contested issues related to the Seabrook reactors unless those issues are fairly and completely developed at the beginning. There will be fewer disputes among the parties, less likelihood of minor and interlocutory appeals, and a more efficient hearing if the time is taken now to assure that these issues are thoroughly argued and carefully developed.

We have already had unfortunate confusion concerning the intent of the Board's order of March 12, 1982, and concerning inadequate service of that Order on some intervenors.

We have attempted to respond to that confusion with a useful approach and spirit that will assist the Board in structuring this hearing. We believe the Staff has done the same.

We believe that a careful development of these issues may well require granting both the Applicants and the Staff additional time to respond in writing to our contentions and those of other intervenors. We would not object to extending the May 2 and May 7 deadlines, with appropriate

• The Applicants have already filed one responso dated .

April 26, 1982, although it appears to have been l hastily filed and not well considered. In our view, they would be entitled to file a supplemental response by May 2.

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4 l provision for response by the intervenors. We also do i not believe that this would result in any significant delay since we expect that it will be necessary to allow l written intervenor responses to Staff and Applicant objections under the existing schedule. In any event, l

l any delay that results from careful procedure at this

( point will be more than recovered through a more officient I

hearing process.

Respectfully submitted,

/ .. o Dated: April 30, 1982 William S. Jordan, III L IIARMON & WEISS 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006 (202) 833-9070 I

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UNITED STATI:S OF AMERICA

- NtfCI,1:AR Rl;Gtil.AT0ltY COMMISSION HEFORE Tlir ATOMIC S AFET,Y ANil I,I cut (> ING lto Alt,1,)

In the Mati.er of )

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PUBLIC SERVICE COtlPANY OF )

N!'W llAMPSillHE , e. .t. a l . ,

) Dock <3t Hon.

(f.eabrook Station tini t s 1 and .? ) ) 50-41) or,

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.. _ . _ . . . . _. .I CEllT3 FICATE OF SI:ltVICU I hereby certify that copics of the NECNP RESPONSE TO MOTION OF TIIE APPLICANTS TO RESPOND LATE TO TIIE NECNP SUPPLEMENTAL PETITION FOR LEAVE TO INTERVENE AND TO STAFP POSITION in the above-captioned proceeding have been i served on the following by deposit in the United States mail, first class, this 30th day of April, 1982.

lie 1en lloyt, Erul., Chairman Dochet i n't Service Sectinn Atomic Safety and I,1 censing Office of the Secretary lusard Panel ti.S. Iloclear itequlatory U.S. Nuclesr llegulatot y Commisnion Commission Washington, D.C. 20555 washington, !>.C. 20555 Robert L. Chiesa, Esq. Paula Goltl, Antt. Atty. Genera Hadleigh, Starr, Peters, punn Stephen M. I.conard, Asst. Atty 1, Kohls .lo Ann shotwell, Asst. Atty.

95 Market Street office of the Atorney General P2nchester, Nil 03101 1:nvironmental Protection Div.

One Ar: bur ton Place, 19t.h Floor ;

nnaton, MA 02108 1.ynn Chong i Bill Corkum Nicholan .T. ContcIlo

ary McCool Dox 65 Int Ennex Dintrict j Ply:ruuth, Nil 01264 Whitehall 1(nad l Amenbury , ttA 01913 1:. Tupper Kinder, Esq.

Assistant Attorney General Tontin P. Kendrick Environmental Protection Division R22 f.afayette Road Office of the Attorney Genesa1 P.O. nox 59f.

State llouse Annex Itamleton , Mll 01H42 Concord, Nil 03301

l

. Robert A. Drckus, 2:q. Rep. Arnio Wight 116 Low 211 Street Stato of New IIcmpchiro I P.O. Box 516 Ilouse of Itepresentatives Manchester, Nll 03105 Concord, Nil 01101 I Phillip Ahrens, Esq. Paul A. Fritzche, Esq.

Assistant Attorney General Public Advocate -

State llouse Station 96 State llouse Station f12 l Augusta, tir. 04333 Augusta, ME 04313 Wilfred L. Sanders, Esq. Donald L. lierzberger , MD Sanders and McDermott flitchcock llospital 408 Lafayette Road llanover, Uli 0 3755 llampton, Nil 03842 Thomas G. Dignan, Jr. , Esq. Edward J. McDermott, Esq.

Ropes 6 Gray Sanders and McDermott 225 Franklin Street 408 Lafayette Road i Doston, MA 02110 llampton, Nil 03842 Sen. 180bo r t I., Preston Mr. Robert P. Preston F. tate of New Itanpshire  ;

226 Winnacunnet Road Senate llampton, NI 03842 Concord, Nil 03301 ,

Dr. Emmeth A. 1,uebke '

Administrative J.udge Dr. Oscar H. Paris Atomic Safety and Licensing ;

Administrative Judge Board Panel  ;

Atomic Safety and Licensing U.S. Nuclear Regulatory i Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 commission  :

Washington, D.C. 20555 .

Cooperative Members for >

ikg' IA s y , E al. Responsible Investment '

U.S. Nuclear Hegulatory Consissian Box 65 Wadiiryton, D.C. 20555 Plyraouth, NII 03264 ,

Atomic Safety and Licensing Ms. Patti Jacobson )

Doard Panel 3 Orange Street U.S. Nuclear Regulatory Commission Newburyport, MA 01950 Washington, D.C. 20555 Atomic Safety and Licensing Appeal f Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 L

F Date: April 30, 1982 b)#W,*

Willia g JordYn, M I

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