ML20072C486
| ML20072C486 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/03/1983 |
| From: | Curran D, Jordan W NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8303080454 | |
| Download: ML20072C486 (3) | |
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UNITED STATES OF A CA NUCLEAR REGULATORY C I
BEFORE THE ATOMIC SAFETY AND L 3NS b
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos.
50-443 NEW H AMPSHIRE, et al.
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50-444
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(Seabrook Station, Units 1
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and 2)
)
)
NECNP MOTION FOR AN IMMEDI ATE STAY OF OBLIGATION TO ANSWER MOTIONS FOR
SUMMARY
JUDGMENT NECNP has filed with the Beard the attached " Motion for Deferral of Consideration of Motions for Summary Disposition or for Dismissal," which urges the Board to rule, inter alia, that summary judgment motions may not be considered until the Staff has filed its Safety Evaluation Report.
The motion also requests the Board to hold in abeyance or to dismiss the pending motions for summary disposition which have been filed by the Applicants and Staff until a reasonable period after the SER has been filed.
Because NECNP's answers to Applicants'
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summary judgment motions are due March 4, 7, 8, 9, and 11, NECNP requests the Board to take immediate action to suspend NECNP's obligation to answer these motions until the Board has made its decision on the attached Motion for Deferral of f
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8303080454 830303 PDR ADOCK 05000443 O
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" - Consideration.
If the Board should rule against-NECNP, we request an additional ten days after the ruling to answer the motions for summary judgment.
This stay motion is necessary in order to relieve NECNP and othe parties of the unnecessary burden of responding to summary disposition motions pending resolution of our Motion for Deferral.
If that motion is granted, virtually all effort expended now in responding to summary disposition arguments will be wasted, and the Board will be burdened with an entire unnecessary set of filings.
We emphasize as well that a decision to stay the deadline for summary disposition responses would not harm either the Applicants or the Staff in any way.
Even if NECNP's Motion to Defer were denied, the result would be only a f ew weeks' delay in NECNP's responses to the summary disposition motions, and a similar brief delay in the Board's rulings.
All other aspects of the proceeding would continue on schedule, and the' summary disposition motions would still be resolved well in advance of the currenely scheduled hearing date.
Thus, equitable considerations favor granting this stay request pending resolution of the underlying motion.
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~3-BecaUse of the time constraints involved,'NECNP requests that the Board rule on this motion for an immediate stay by Monday, March 7, 1983.
We request the Board to convey its ruling by telephone to all the parties who are' obligated to answer summary judgment motions.
This motion has been served today on the Applicants by Federal Express, and.on the staff by hand.
Respectfully submitted,
. YV Y2 William g Jordafi, III s & & ne.
Drane Curran
/ rp Dated: March 3, 1983 i
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