ML20055G881

Motion for Extension of Time.* Staff Requests That Extension of Time Be Granted of Two Business Days,Until 891212 to Respond to Intervenors Pleadings.W/Certificate of Svc

ML20055G881
Person / Time
Site:	Seabrook
Issue date:	12/06/1989
From:	Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC COMMISSION (OCM)
References
CON-#390-10622 LBP-89-32, LBP-89-33, OL, NUDOCS 9007240271
Download: ML20055G881 (7)

Text

,, _ . _

Al{p2.2.

12/6/89 .

t :g ii' UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION '69 CE -5 P3 35 ,

BEFORE THE COMMISSION

[

In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF . 50-444 OL NEW HAMPSHIRE, et d . .) Off-site Emergency Planning (Seabrook Station, Units 1 and 2) 1:

ls MOTION FOR AN EXTENSION OF TIME The .NRC Staff respectfully requests an extension of time of ' two '

business days to respond ' to the Intervenors' filings made pursuant to a Commission Order of November 16, 1989. The Staff's responses are now due on 1

L Friday, December 8,1989, and the Staff seeks an additional two business days-until Tuesday, December 12, 1989 to file its responses.

L The Staff seeks this extension of time on two grounds: (1) the p voluminous nature of Intervennes' submissions make Staff response in the time provided impractical. and (2) the Staff was not properly served by the ,

Intervenor Massachusetts Attorney General'and did not receive his voluminous filings until four and a half days before the St.aff responses are due.

The Commission in an Order of November 16, 1989, provided that any party - seeking to stay the effectiveness of LBP-89-32, or seeking to

" supplement" a previously filed motion to vacate LBP-89-32, or seeking to make ~ ~"brief comments" pertaining. to the imediate effectiveness review of LBP-89-32, was to submit these pleadings by the eighth day following the LiceWng Board's issuance of an explanatory memorandum on its actions in LBP-88-32. The other par:1es were given until "the seventh day following

.. receipt" of these plea. dings to file responses. The Licensing Board issued i

9007240271 891206 ..

PDR ADOCK 05000443 T;i PDR W

G fb- .

hS0]

t L L

9

its explanatory memorandum, LBP-89-33, on November 20, 1989. .Upon

, consideration ~ of "Intervenors' 'dotion for. Reconsideration of Commission's l-l November 16 Order", the Commission-issued another Order providing that-the

' initial pleadings addressing LBP-89-32 were to be filed by November 28, L 1989. Upon receipt of a " Motion for Clarification Or, in the Alternative, b

1 For Reconsideration" of the Order of November 21, 1989, the Coninission l

- issued an Order on November 22, 1989, providing that the -initial filings on LBP-89-32 might be made by express mail on Friday, December 1,1989, and-i providing for responses' by Friday, December 8,1989. As any pleading sent . '

L by express mail on December 1, 1989, would not received until Monday, 1

l December 4, 1989, the time for responsive pleading thus was reduced from the  ;

l l seventh day following receipt of the initial filings to the fourth day l

following the receipt of those filings.

Pursuant to the Commission Order of November 16, 1989, as amended by 3 the Orders of November 21 and 22, 1989, the Intervenors have made the following. filings:

l-Intervenors Supplemental Motion and Memorandum In Support of November 13 Motion To Revoke or Vacate the November 9 License Authorization,-December 1, 1989 (82 pages plus extensive exhibits).

Intervenors Application for A Stay of LBP-89-32, December 1, 1989 l- .(10 pages plus exhibits) l g

- Massachusetts Attorney General's Comments On The Immediate l Effectiveness Issue, December 1, 1989 (44 pages).

- New England Coalition On Nuclear Pollution Request For Stay of l

Immediate Effectiveness of LBP-80-32 Pending Resolution of Outstanding Licensing Issues, December 1, 1989 (9 pages).

- Comments of the Town of Hampton Opposing Immediate Effectiveness of Licensing Board Decisions LBP-88-32, 89-32 and 89-33, December 1, 1989 (4 pages).

3 i

Y W

l

- Comments of Seacoast Anti-Pollution League Opposing Imediate-Effectiveness of Licensing Board Decisions LBP-88-32, 89-32, and-89-33. November 30, 1989 (33 pages).

These pleadings referred to and incorporated other pleadings which had been previously filed in this proceeding.

The Certificates of Service on the first three documents listed do not reflect that the Staff was served with those documents as required by .the ,

Comission Orders. The Intervenors have now filed.a Certificate of Service reflecting that the Staff was served with those documents on December _ 4, 1989, four days after that service was to be made. However, the Staff obtained _ copies of those documents before that service, about noon on December 4,1989, and had four days to prepare its response.

As can be seen by the extensive nature of the pleadings, they are apparently far beyond the "brief comments," a " supplement" to a 7 page motion to vacate and the 10.page motions to stay (see 10 CFR 6 2.788(b))

conNmplated in the Commission neder of November 16, 1989. The-NRC Staff could not reasonably be expected to respond meaningfully to these pleadings in-the four days it iias to prepare responses.

The NRC Staff has advised the attorneys for all other parties who have submitted' pleadings on the issue of the immediate effectiveness of LBP-89-32 of ' this = motion for a short extension of time, and the attorneys for the Applicants, the Massachusetts Attorney _ General and the Town of Hampton have indicated that they would have no ob,iection to the granting of this motion.

The attorneys for the Seacoast Anti-Pollution League and the New England Coalition on Nuclear Pollution expressed no opposition to the motion.

l

., t , ,

-4.,

1 Thus, the Staff' respectfu11v1 requests that an extension of time be granted of two business days, until' December 12, 1989, to, respond to i

Intervenors' p'eadings.

Respectfully submitted, Edwin J. eis.

Deputy ssistant General Counsel fe" P.aactor Licensing ,

Dated in Rockville, Maryland this 6th day of December,:1989

't I

i 4

l l '-

, 4 i

i

A y 1, .

UNITED STATES CF AMERICA NUCLEAR REGULATORY COMMIS$10N BEFORE THE COMMISSION

,_ In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF $0-444 OL NEW HAMPSHIRE, et al. Off-site Emergency Planning (SeabrookStation, Units 1and2)

+

CERTIFICATE OF SERVICE I. hereby certify that copies of " MOTION FOR EXTENSION OF TIME" 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, by deposit in the Nuclear Regulatory Commission's internal mail system, or as indicated by double asterisks, by express mail this 6th day of December 1989:

Ivan W. Smith, Chairman (2)* Thomas G. Dignan, Jr. , Esq.**

Administrative Judge Robert K. Gad. I!!, Esq.

Atomic Saft ty and Licensing Board. Ropes & Gray U.S. Nuclear Regulatory Commission One International Place Boston, MA 02110 Richard F. Cole

• Administrative' Judge Geoffrey Huntington, Esq **

Atomic Safety and Licensing Board Assistant Attorney General U.S. Nuclear Regulatory Commission Office of the Attoenty General Washington, DC 20555 25 Capitol Street Concord, NH 03301 Kenneth A. McCollom**

Administrative Judge Mrs. Anne E. Goodman, Chairman 1107 West Knapp Street Board of Selectmen Stillwater OK 74075 13-15 Newmarket Road Durham, NH 03824 Philip Ahrens Esq. Judith H. Mizner, Esq, Assistant Attcrney General 79 State Street Office of the Attorney General Newburyport, MA 01950 State House Station Augusta. ME 04333 Robert Carrigg, Chairman Board of Selectmen John Traficonte. Esq.** Town Office Assistant Attotney General Atlantic Avenue Office of the Attorney General North Hampton, NH 03862 One Ashburton Place, 19th Floor Boston, MA 02108 William S. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 1

___i___

w .- t is  !

2 Diane Curran, Esq.**

Harmon, Curren & Tousley 2001 S Street, NW Hon. Gordon J. Humphrey Suite 430 United States Senate Weshington, DC 20009 531 Hart Senate Office Building  ;

Washington, DC 20510 Calvin A. Canney City Hall Peter J. Matthews, Mayor 126 Daniel Street City Hall ,

Portsmouth, NH 03801 Newburyport, MN 01950 Allen Lampert Michael Santosuosso, Chainnan Civil Defense Director Board of Selectmen Town of Brentwood South Hampton, NH 03827 20 Franklin Exeter, NH 03833 Ashod N. Amirian, Esq.

Town Counsel for Merrimac William Armstrong 145 South Main Street Civil Defense Director P.O. Box 38 Town of Exeter Bradford, MA 01835 10 Front Street Exeter, NH 03833 Robert A. Backus Esq.**

Backus, Meyer & Solomon Gary W. Holmes, Esq. 116 Lowell Street Holmes & Ellis Manchester, NH 03106 47 Wint.acunnet Road Hampton, NH 03842 -

Paul McEachern. Esq.**  ;

Barbara J. Saint Andre, Esq. Shaines & McEachern _;

Kopelman & Paige, P.C. 25 Maplewood Asenue ,

77 Franklin Street P.O. Box 360 Boston, MA 02110 Portsmouth, NH 03801- '

R. Scott Hill-Whilton, Esq. Sandra Gavutis, Chairman Lagoulis, Clark, Hill-Whilton Board of Selectmen

& McGuire RFD#1, Box 1154 79 State Street Kensington, NH 03827 Newburyport, MA 01950 H.J. Flynn, Esq.

Assistant General Counsel Federal Emergency Management Agency 500 C Street S.W.

Washington, DC 20555

i ..$ *

• i ,

Atomic. Safety and Licensing Board Atomic Safety and Licensing Panel (1) Appeal Panel (6)*

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington. DC 20555 Washington, DC 20555 OfficeoftheSecretary(16)*

U.S. Nuclear PcSulatory Comission Washington, DC '20!.55 Attn: Docketing and Service Section

% /A-i Edwin J. Jets Deputy Msistant General Counsel for Reactor Licensing ,

i P

I l

l l

l l

1' o