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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
[Table view] |
Text
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December 7, 1990 j
UNITED STATES OF AMERICA 77 before the da g 4
pocKETE0 NUCLEAR REGULATORY COMMISSION N i-DEC 101990 DOCKETmo 6 3
seg E E B aAH c&t In the Matter of t.ECYARC C PUBLIC SERVICE COMPANY Docket Nos. 50-443-OL OF NEW HAMPSHIRE, 91 Al. 50-444-OL (Seabrook Station, Units 1 (Offsite Emergency and 2) Planning and Safety Issues)
LICENSEES' PETITION FOR REVIEW OF ALAB-941 The Decision Below As found by the Licensing Board, the graded qualifying exercise for Seabrook Station "was the most extensive exercise evaluation ever conducted by FEMA" and involved the participation of over 2,000 people.' Nevertheless, in a decision denominated as ALAB-941,2 the Atomic Safety and Licensing Appeal Board, has found this exercise to have been deficient in scope to the extent that, according to the Appeal Board, too few school administrators in the New Hampshire portion of the Seabrook EPZ IPublic Service Comoany of New Hamoshire (Seabrook Station, Units 1 and 2), LBP-89-32, 30 NRC 375, 618 at n.83 (1989).
2Public Service Company of New Hamoshire (Seabrook Station, Units 1 and 2), ALAB-941, 32 NRC (Nov. 21, 1990), hereafter cited as ALAB-941 and to the slip opinion.
APP 941.58 9012310181 901207 PDR ADOCK 05000443 O PDR sp 5 0 3
i l
.Q 1
- I I
participated in the exercise.3 This decision was reached despite the fact that there was no contention admitted before the Licensing Board with respect to the participation of school administrators. This difficulty was overcome by the Appeal Board )
l by holding that a contention which did not include school ;
l administrators, and which had been explicitly so interpreted by 1 the Licensing Board was agh silentio broadened during the hearing.' This holding was, in turn, based on the novel propositions that (a) any footnote in a brief to the Appeal Board, which is not specifically challenged in an opposing brief, may be assumed to be gospel, and (b) that a Licensing Board-decision, if capable of more than one interpretation, should be interpreted as containing a gun sconte broadening of a contention without the Licensing Board ever having complied with the Commission's Comanche Peak ruless for doing so. [
Where Matters Raised Below It is the Licensees' position that the holding of the ll Appeal Board was on a matter not properly raised below. In any t.
event.the Appeal Board relies upon the brief of an intervenor and its reading of the Licensing Board decision for the result it i
3 ALAB-941 at 26.
'ALAB-941 at 20-21 and n. 43.
l 5
L Texas Utilities Generatina Co. (Comanche Peak Steam Electric Generating Station, Units 1 and 2), CLI-81-24, 14 NRC 614 (1981); Texas Utilities Generatino Co. (Comanche peak Steam Electric Generating Station, Units-1 and 2), LBP-81-23, 14 NRC 159 .(1981).
t reached. Thus the matters clearly were " raised" for the Appeal Board by the record below as it perceived it.
Why The Rulina War 'rroneous In order to reach the result it did, the Appeal Board was faced with the fact that the contention at issue, known as bases "a" and "b" to contention TOH/NECNP EX-1, dealt, by its terms, solely, as the Appeal Board itself states, with the participation val D2D of teachers as opposed to administrators.' Indeed, the Licensing Board had specifically held that the contention at issue was so to be construed in granting a motion by the Licensees to exclude certain testimony which had been prefiled by the Intervonors which would have dealt with the participation of school administrators.I Nevertheless, the Appeal Board stated:
" Subsequently, however, the issue was broad-ened to include as well the asserted lack of participation on,the part-of the school administrators."
The Appeal Board's entire rationale for this assertion is found in a footnote appended thereto which reads, in its entirety as follows:
"In their joint brief, TOH/NECNP explain how the broadening occurred. Town of Hampton and New England Coalition on Nuclear Pollution Brief on Appeal of LBP-89-32 (January 24, 1990)-at 8 n.12 (hereinafter TOH/NECNP Brief). That explanation has not been challenged and it is apparent that, in the 6
ALAB-941 at 20.
I lg. 22276-77.
S ALAB-941 at 21.
l
i November 1989 initial decision, the Licensing Board treated the issue as covering both teachers and adpinistrators. Egg LBP-89-32, '
30 NRC at 638."
Thus the Appeal Board gives two bases for its deciding that the issue had been br adened: (1) the failure of the Licensees to ;
specifically address a footnote in the Intervenors' brief which gave their argument as to why the issue had been broadened, and (2) an allegod treatment by the Licensing Board of the issue as including school administrators.
The first reason, a failure on the part of the appellate brief of the Licensees to specifically address a footnote in an appellants' brief as grounds for adopting that footnote as an accurate statement of fact and law, is, indeed, a novel legal proposition. While it is true that at the trial level the failure to traverse an allegation in a complaint or meet an .
evidentiary assertion is an admission or gives rise to a presumption of its accuracy under most systems of civil procedure, no such ganeral rule applies to statements in
. appellate briefs. The Appeal Board cites no authority for this proposition and we are aware of none.
Prescinding from the foregoing, the Licensees did dispute L
the entirety of the argument proffered by TOH/NECNP." In so doi'ng, Licensees expressly based their ergument on the Licensing
~
}
'ALAB-9 41 at 21, n.43.
" Egg " Applicants' Brief" (March-5, 1990) at 112-114.
- - . _ . -. -. _-_ , . . . . = - . .- - - - . - .
-l Board's analysis, including citing 112.59 of LBP-89-32 which-clearly focused just on participation by teachers."
Likewise,-the Appeal Board was wrong in accepting TOH/NECNP's characterization of the Licensing Board's decision as embracing an expanded version of the contention. Both TOH/NECNP in the_ footnote in their.brief cited by the Appeal Board, and the Appeal Board in ALAB-941 cite to 30 NRC at 638, with TOH/NECNP specifically citing 112.61 of the Licensing Board decision. At that page, however, the Licensing-Board clearly, in 11 12.57 and 12.58, limits the contention to teachers. The reference to "both teachers and administrators" in 112.61, relies on by TOH/NECNP (and presumably the Appeal Board), is merely the Licensing Board quoting an argument f rom Intervenors' proposed findings as to the needed scope of a remedial exercise -- which argument, moreover, the Licensing Board went on to reject.
Prescinding from the foregoing, the Appeal Board's reading of the Licensing Board decision requires acceptance of the proposition that the Licensing Board deliberately ignored the ,
directives'of the Commission as to the procedures to be followed i by Licensing Boards in raising issues agk sconte.12 Contentions in-an operating license proceeding before this agency do not
- simply expand because certain evidence is introduced, or examination permitted.
"(I]t'is well-settled that in a Commission "Id..at 113, citing to 30 NRC at 638.
t
'2 ssa n. __, suora.
l l
.1 -
operating license proceeding a party is bound by-the literal terms of its own contention and, unless a licensina board raises'an issue sua soonte, it is authorized to decide only those matters out in controversy by the carties""
The Licensing Board here evidenced no intention to take up the issue of school administrators' participation in the exercise as an issue, indeed, rejected such a move by the Intervenors, and, in any event, made no effort to follow the Comanche Peak procedures," a necessary prerequisite before there is any exercise.of the gun sconte authority of a licensing board.
Why Commission Review Should be Exercised i The Appeal Board has resolved an issue of fact contrary to the resolution of that'same issue by the Licensing Board."
Moreover it has substituted its judgement as to the proper scope of an exercise for that of the Federal Emergency Management Agency (FEMA), the lead' agency with respect to such matters.
U garolina Power and Licht Co. (Shearon Harris Nuclear Power Plant) , ALAB-852, . 24 NRC 532, 545 (1986) (footnote omitted, emphasis supplied). .. Accord,-Texas Utilities Generatina Co.
(Comanche Peak Steam Electric Station) , ALAB-868, 25-NRC-912, 932 at n.83-(1987);- Carolina Power and Licht Co. (Shearon Harris-Nuclear Power 1 Plant) , ALAB-856, 24 NRC 802, 816 (1986);
Philadalchia Electric Co. (Limerick Generating Station, Units 1
.and-2), ALAB-845, 24 NRC 220, 242. (1986); Carolina Power and Licht Co. (Shearon' Harris Nuclear-Power Plant), ALAB-843, 24 NRC-200, 208 (1986); Philadalchia Electric Co. (~fuerick Generating Station, Units--I and 2), ALAB-836, 23 NRC 473, DOS (1986);
Philadelchia Electric Co. (Limerick Generating Sthtion, Units 1
-and 2), ALAB-819,-22 NRC 681, 709 (1985).
" Note __, supra.
"10 C.F.R. 5 2.786(b) (4) (ii) .
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- g-coucLosrow-
't The: commission should grant review of ALAB-941 insofar-as it
= reversed _the decision of the Licensing-Board.
Respectfully submitted, cf.. Ws Thomas'G. 51gnan,-Jr.
George H. Lewald i Kathryn Selleck Shea Jeffrey P. Trout Ropes &' Gray one International Place Boston, MA 02110-2624 (617) 951-7000 counsel for Licensees k
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1 9 4.
DCCyrttt) 1 CERTIFICATE OF SERVICI -
DE"r' f 0 I990
% W{Qlggen OWGa
, I, Thomas G. Dignan, Jr. , one of the attorney Licensees herein, hereby certify- that on December 7,(f990, 'I f6ade fofd ih\
service FederalofExpress, the within document prepaid, for by depositing delivery to (orcopies wherethgehof inditiatie'd, wp%b'E depositing in the United States mail, first class postage paid, addressed to) the individuals listed below:
Kenneth M. Carr, Chairman Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission __ Commission One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 Forrest J. Remick, Commissioner James R. Curtiss, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatuy Commission Commission One White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 Kenneth C. Rogers, Commissioner William C. Parler, Esquire U.S. Nuclear Regulatory General Counsel
__ Commission office of the General Counsel One White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD _ 20852 Rockville, MD 20852 G. Paul Bollwerk, III, Chairman Mr. Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel
-U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Fifth Floor Fifth Floor 4350 East-West Highway 4350 East-West Highway Bethesda, MD 20814 Bethesda, MD 20814 Alan S. Rosenthal, Esquire Mr. Thomas S. Moore Atomic Safety and Licensing. Atomic Safety and Licensing Appeal Panel Appeal Panel
-U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Fifth Floor Fifth Floor 4350 East-West-Highway 4350 East-West Highway Bethesda, MD- 20814 Bethesda, MD 20814
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.----v--. . _ . - - .
4 1 ,
Administrative Judge Ivan Smith Administrative Judge Kenneth A.
Chairman, Atomic Safety and- McCollem Licensing Board 1107 West Knapp Street '
U;S. Nuclear Regulatory Stillwater, OK 74075 Commission East West Towers Building
'4350 East West Highway Bethesda,fMD 20814 Administrative Judge Richard F. H. Joseph Flynn, Esquire Cole. Atomic Safety and office of General Counsel Licensing Board Federal Emergency Management U.S. Nuclear-Regulatory Agency Commission 500 C Street, S.W.
East West Towers Building Washington, DC 20472 4350 East West Highway
,Bethesda, MD. 20814 Mr. Richard-R.= Donovan Diane Curran, Esquire
. Federal _ Emergency Management Andrea C. Ferster, Esquire Agency Harmon, Curran & Tousley Federal Regional Center Suite 430-
~130.228th Street, S.W. 2001 S Street, N.W.
Bothell, WA _98021-9796 - Washington, DC 20009 Robert R.: Pierce,-Esquire John-P. Arnold, Attorney General Atomic Safety and: Licensing George Dana Bisbee, Associate Board. _
Attorney General U.S. Nuclear Regulatory Office of the-Attorney General-Commission- 25 Capitol Street Concord, NH 03301-6397
~
East West-Towers Building 4350 East West Highway ,
'Bethesda, MD 20814 Adjudicatory File 'Mitzi A. Young, Esquire Atomic Safety and Licensing .
Edwin J. Reis, Esquire Board: Panel' Docket-(2 copies) Office of the Genera 1' Counsel U.S. Nuclear-Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers-Building one White Flint North, 15th F1.
4350 East West Highway _ 11555 Rockville Pike.
Bethesda, MD ,20814 Rockville, MD 20852 1
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- Atomic-Safety and Licensing Robert A. Backus, Esquire !
Appeal Panel' Backus, Meyer & Solomon :
U.S. Nuolear Regulatory 116 Lowell Street Commission P.O. Box 516 Mail Stop EWW-529 Manchoster, NH 03105 Washington, DC 20555 Philip Ahrens, Esquire Suzanne P. Egan, City solicitor Assistant Attorney General Lagoulis, Hill-Whilton & ,
Department of the Attorney Rotondi General 79 State Street
-Augusta, ME. 04333 Newburyport, MA 01950 Paul.McEachern, Esquire Stephen A. Jonas, Esquire Shaines & McEachern Leslie Greer, Esquire Maplewood Avenue Matthew Brock, Esquire P.O. Box 360 Massachusetts Attorney General
-Portsmouth, NH 03801 One Ashburton Place Boston, MA 02108 >
~
- Senator Gordon'J..Humphrey R.-Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Hill-Whilton &
Washington, DC '20510 Rotondi (Attn: . Tom Burack) 79 State Street Newburyport, MA. 01950 ;
- Senator.Gordon J. Humphrey Barbara.J. Saint Andre, Esquire One Eagle Square, Suite 507 Kopelman and Paige, P.C.
Concord, NH- 03301 101 Arch Street 1 (Attn: Herb Boynton) Boston, MA 02110 Ashed N. Amirian,. Esquire Judith H. Mizner, Esquire
-145-South Main Street -79 State Street,.2nd Floor P.O. Box;38 Newburyport, MA 01950 JBradford, MA 01835 Gary W. Holmes, Esquire = Marjorie Nordlinger, Esquire Holmes &LElls Office of the General Counsel.
47 Winnacunnet Road One White Flint North Hampton, NH 03842 11555 Rockville Pike Rockville, MD= 20852 Mr. Jack Dolan-Federal Emergency Management Agency.- Region-I J.W. McCormack Post Office &
Courthouse Building, Room 442-Boston, MA 02109 4
.V George Iverson, Director N.H. office of Emergency Management State House office Park South 107 Pleasant Street Concord, NH 03301 f.lA- /
Thomas G. &fgn'an , J r .
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