ML20054E141
| ML20054E141 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/16/1982 |
| From: | Shotwell J MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8204260179 | |
| Download: ML20054E141 (5) | |
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I UNITED STATES OF AMERICA 2 r :- -
NUCLEAR REGULATORY COMMISSION U 22 /40:57 before the ATOMIC SAFETY AND LICENSING BOARD.
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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(Seabrook Station, Units 1 and 2)
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i RECEIVED 3
APR231982> S ANSWER OF THE COMMONWEALTH IN OPPOSITION TO APPLICANTS' MOTION 9
g i g argu m eausse '
TO STRIKE THE NOTICE tc E 7 8"'
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OF THE COMMONWEALTH OF NON-RECEIPT g
OF ORDER SETTING SPECIAL p
PREHEARING CONFERENCE A
03 On April 15, 1982, the Commonwealth of Massachusetts
(" Commonwealth") filed with the Board a Notice of Non-Receipt of Order Setting Special Prehearing Conference.
The Commonwealth filed that document to advise the Board that it had never been served with a copy of the Board's Order.
On April 8, 1982, the Applicants filed a Motion to Strike the Commonwealth's Notice, apparently on the grounds that the Commission's rules never specifically mention the right to file such a Notice.
Applicants' Motion should be denied.
Commission regulations do not, and could not, specifically mention every conceivable 04260bfl p585 82 AD) pleading which parties may need to file.
They do not, for instance, specifically mention-motions to strike such as that which Applicants have filed.
It would be surpris-ing for the rules to mention a notice of non-receipt of a Board order, since the presumption is certainly that all parties will receive such orders.
The Commonwealth's pleading was entirely appropriate.
Not having received the Order, and le'arning on Friday, April 2, 1982, that the Board apparently intended its Order to require the submission of contentions by Tuesday, April 6, 1982, the Commonwealth was obliged to file a pleading with the Board explaining for the record the reason for its inability to comply with that deadline.1 The Commonwealth was Applicants complain that the Commonwealth file *i its 1
Notice on April 5, when it learned of the Order /of the on March 29, 1982.
Following receipt on March 29 New Hampshire pleading which alerted the Commonwealth to the Board's Order, the Commonwealth contacted the Commission's Staff and other parties in an attempt to ascertain whether the Order did, in fact, set a dead-line of April 6 on filing of contentions.
Based on these conversations, the Commonwealth concluded that the Order required only amendments to petitions to be filed by that l
date - - not supplements to petitions.
On Friday, April 2, l
however, the Commonwealth learned that the Board had denied New Hampshire's " Motion for Additional Time for Filing Supplement to Petition to Intervene."
That denial indicated to'the Commonwealth that the Board intended its Order to require the filing of contentions by, April 6.
Thus, on April 5, the next business day, the Commonwealth filed its Notice explaining its inability to comply with l
that deadline.
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1 in no position to file a motion for an extension of the deadline, as Applicants suggest, since it still had not received'a copy of the Board's Order and could not, therefore, ascertain whether in its opinion the Order did in fact set a deadline of April 6 on the filing of con-tentions.
In any event, a motion to extend would have been entirely inappropriate and prejudicial to the rights of the citizens of the Commonwealth as it would have implied,and given the Board the authority to determine, that the Commonwealth could somehow be bound by the terms of an Order which it never received.
Applicants apparently wish to deny the citizens of the Commonwealth the protection of the Commission's procedures (and those required by due process of law).
They seek to bind the Commonwealth to the terms of an Order which it did not receive and, further, to prevent the record from reflecting that non-receipt and the resulting inability of the Commonwealth to comply with an April 6 deadline.
Applicants' motion shows bad faith in this particular j
and should be denied.
Allowance of the motion would violate the due process rights of the citizens of Massachusetts.
Respectfully submitted, i
J ANN SHOTWELL ssistant Attorney General Environmental Protection Public Protection Bureau Department of the Attorney General One Ashburton Place, 19 th "loor Boston, Massachusetts 02108 (617) 727-2265 DATED: April 16, 1982
CERTIFICATE OF SERVICE I Jo Ann Shotwell, Esquire, hereby certify that a copy of the foregoing Answer has been mailed this 16th day of April, 1982, by first class mail, postage prepaid, to:
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 Adminstrative 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 Gary McCool Amesbury, MA 01913 Box 65 Plymouth, NH 03264 Tomlin P.
Kendrick 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 Suite 506 P.O. Box 516 Washington, D.C.
20006 Manchester, NH 03105 Phillip Ahrens, Esquire Rep. Arnie Wight Assistant Attorney General State of New Hampshire State House, Station #6 l
House of Representatives Augusta, ME 04333 Concord, NH 03301 Donald L.
Herzberger, MD Paul A.
Fritzche, Esquire George Margolis, MD Hitchcock Hospital Public Advocate
.#12 Hanover, NH 03755 State House, Station Augusta, ME 04333 l
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, t 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 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 Box 65 i.
f Plymouth, NH 03264 J
NN SHOTWELL t
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