ML20078N886

Reply Opposing NRC 831024 Motion to Respond to Petitioner Request to Amend Intervention Petition.Response Barred by Rules of Practice.Certificate of Svc Encl

ML20078N886
Person / Time
Site:	Seabrook
Issue date:	10/27/1983
From:	Doherty J DOHERTY, J.F.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8311030061
Download: ML20078N886 (2)

Text

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October 27, 1983 9,.....

UNITED STATES OF AMERICA' $!ph'['

NUCLEAR REGULATORY COMMISSION SEFORE THE ATOMIC SAFETY AND LICENSING BOMED NOV g) ,47.

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In the Matter of ) kh][h g{

} BUtw PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL NEW HAMPSHIRE,et al. ) 50-444 OL

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(Seabrook Station, Units 1 and 2))

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PETITIONER DOHERTY' S REPLY TO STAFF'S MOTION FOR LEAVE TO REPLY TO " JOHN F. DOHERTY'S REQUEST FOR LEAVE TO AMEND HIS PETITION FOR LEAVE TO INTERVENE" OF OCTOBER 24, 1963.

On October 24, 1983, Staff filed a reply to this Petition-Petitioner urges er's Amended PetitionStaff'sfor Leave to Intervene.

tne Boarc not grant Motion for Leave to ~

Intervene ,

for lacx of anytning being more than a repetition of its original Reply, and that to act favorably on the motion would oe to exteno for no good reason a continuing paper exchange.

Staff in its Motion has presented no reason it shoula be Granting the Motion granted leave to file yet another reply. for other on notning more would be to set a poor prescedentStaff nad an operating licensings for other nuclear plants. it wished to make, that opportunity to raise the only new point .

concerning determinations by the Board required by 10 CFR 50.57 (a) (1) ; this rule was in the Code of Federal Regulations long before tne this Petitioner filed his Petition.

Tne Board may at its disgression permit replies Howeverto a greater it extent tnan the Commission rule in 10 CFR 2.714. in afterthoughts

• snould not make it so easy for Parties to throw-as Staff nas done here. Staff must point out tne "self-evident" (Staff's Motion, pg. 2) or run the riskThe theCommission self-evident rules wasnever not so self-eviaent to others as to it.

contemplated sucn a low barrier to ceaseless paper excnange as Staff woula suggest is proper here.

.Tnerefore, this Petitioner urges the Board to maintain a toughter stancard, and not consider Staff's filing of October 24, 1983 by not granting the moved for leave.

Respectfully, hDj1 John F. Doherty o

0 Dhl h (k PD Petitioner, pro se m[

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CERTIFICATE OF SERVICE 5,"iEE I' certify copies of " PETITIONER DOllERTY"S REPLY TO AhS MOTION FOR LEAVE TO REPLY TO ' JOHN F. DOHERTY ' S REQUEST FOR LEAVE TO AMEND HIS PETITION FOR LEAVE TO INTERVENE tFOF. 0 5:.t k.

OC'" BER 2 4, 1983. " were served on the Parties beloECENig{('C Af- of October, 1983, via First Class U. S. Postal Service from Boston, Massachusetts.

Helen Hoyt, Esq. Administrative Judge Dr. Jerry Harbour Administrative Judge Dr. Emmeth A. Luebke Administrative' Judge Roy F. Lessey, Esq. Staff Tnomas G. Dignan Jr., Esq. Applicant Jo Ann Snotwell Commonwealth of Massachusetts William S. Jordan, Esq. NECNP Robert A. Backus, Esq. SAPL Docketing & Service Branch NRC Atomic Safety Licensing & Appeal Board (ASLAB)

Respectfully, John F. Dohert '

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