ML20076D128

Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc

ML20076D128
Person / Time
Site:	Seabrook
Issue date:	07/17/1991
From:	Dignan T ROPES & GRAY, SEACOAST ANTI-POLLUTION LEAGUE
To:	NRC COMMISSION (OCM)
References
CON-#391-12004 CLI-91-05, CLI-91-5, LBP-91-28, OLA, NUDOCS 9107260080
Download: ML20076D128 (3)

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dul 17, 1991 l I

UNITED STATES OF AMERICA JJ 18 P2 08 )

before the ii xa6 v  ; I

l NUCLEAR REGULATORY COMMISSION In the Matter of

-PUBLIC SERVICE COMPANY _

Docket No. 50-443-OLA i OF NEW HAMPSHIRE, 31 11 (Seabrook Station, Units 1 #

and 2)

I LICENSEE 8' MOTION TO DISMIS8 APPEAL  ;

Inter alia, for the reasons set forth in the Staff's Brief filed under date of June 15, 1991, tho' Licensees move that'the '

appeal of Seacoast Anti-Pollution League taken from the Licensing Board's decision in Public Service Comoany of New Hamoshire (Seabrook Station, Units 1 and 2), LBP-r>1-28, 33 NRC (June  ;

28, 1991) ,- be dismissed.

SAPL undoubtedly will argue.that because it was the sole i

. petitioner for interventio'n.in the matter at bar, the decision ,

was not interlocutory -in nat!ure and that therefore the' appeal of-

-LBP-91-28 should be controlled by the procedures set out in 10 C.F.R.-5 2.7_62-as opposed to-10 C.F.R. l 2.714a.' However, any.

such ' argument must be ' rejected on the basis of the Cornission's

'The Notice of Appeal.-filed by SAPL did not reference any particular regulation as the jurisdictional basis for the appeal.

vo m ers.se 91072c.,0000 9j 0717 PDR 0 ADOCK 05000443 PDR hOD

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reco'nt decision in Florida Poygr & Light ComDany (Turkey Point 1

Nuclear Generating plant, Units 3 and 4), CLI-91-5, 33 NRC 238  !

(1991). Therein, the Commission hold the proceduros under 10 C.F.R. l 2.714a to be fully applicable to appeals where the petitioner denied intervention is the " sole petitioner in the proceeding." 33 NRC at 239. In addition, it is to be noted that the Turkey Point holding was a case where the failure to brief was by a lay person. And this Commission hold that this made no difference where, as here, the Licensing Board had fully advised the petitioner of the appellate rights under 10 C.F.R. 5 2.714a.

Here the filing was by a councol and client long experienced in NRC proceedings as stated in the Notice of Appeal itself.2 CONCLUSION The appeal should be dismissed.

By their attorneys, Thomss G. *Dfgnan, Jr.

George H. Lewald Kathryn Solleck Shea Ropes & Gray One International Place Boston, MA 02110-2624 (617) 951-7000 2

Eglice of ADoeal at 2, last 1

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$! t CERTIFICATE OF SERVICE '9) gg lg ,

I, 'homas G. Dignan, Jr. , one of the attorne 1 Licensees herein, hereby certify that on Ju'" 17,'ys for the

,1991, I made service of the within document by depositing copies;thereof with Federal _ Express, prepaid, for delivery to (or whero l'ndicated, by depositing in the United States mail, first class postage paid, addressed to) the individuals listed below:

Ivan Selin, Chairman Kenneth C. Rogers, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission One White Flint North one White Flint North 11555 Rockvillo 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 Regulatory Commission Commission One White Flint North One White Flint North 11555 Rockvillo Piko 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 Marjorie Nordlinger, Esquire William C. Parler, Esquire 1 office of the General Counsel General Counsel one White Flint North Office of the General rounsel 11555 Rockville Pike One White Flint North Rockville, MD 20852 11555 Rockville Pike .

Rockville, MD 20852 l Administrative Judge Kenneth A. Administrative Judge James P. 1 McCollom Gleason I Chairman, Atomic Safety'and 1107 West Knapp Street Stillwater, OK 74075 Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bothesda, MD 20814 Administrative Judge Richard F.

Cole, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building I

4350 East West Nighway Bethesda, MD 20814 i

Thomas G'.  % Jr.

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