ML20079H268
| ML20079H268 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/17/1984 |
| From: | Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC COMMISSION (OCM) |
| References | |
| ALAB-751, ALAB-757, ISSUANCES-OL, NUDOCS 8401230382 | |
| Download: ML20079H268 (7) | |
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DOCKETED USHRC UNITED STATES OF AMERICA W JAN 20 A10:28 before the NUCLEAR REGULATORY COMMISSION CFFK E OF SECPt A.
T 00CMEiltrj & SERn.e
?PbNCH
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.In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
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50-444 OL
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(Seabrook' Station, Units 1 and 2
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J APPLICANTS' ANSWER OPPOSING THE PETITION OF NEW ENGLAND COALITION ON NUCLEAR POLLUTION FOR REVIEW OF ALAE-751 AND ALAB-757 This is.a petition for Commission review of two decisions of the Appeal Board, (ALAB-751 and ALAB-757) filed pursuant to 10 CFR $ 2.876(b) by the intervenor New England Coalition on Nuclear Pollution (NECNP).
The first of these decisions (ALAB-751) affirmed the decision of Licensing Board Chairperson, Administrative Judge Helen F. Hoyt, denying NECNP's motion for her recusal.
The second (ALAB-757) denied a motion for reconsideration of the first.
In ALAB-751 the Appeal Board, as it had on two previous occasions in considering recusal efforts directed at 84012303B2 840117 l
PDR ADOCK 05000443 l
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Judge Hoyt'by other intervenors,l/ found as a matter of fact that, even accepting all allegations with respect thereto as true, there was no showing of pervasive bias on the part of Judge Hoyt so as to require her disqualification from the Licensing Board in this matter.
In addition, as it had on two prior occasions, the Appeal Board ruled tSnt nune of the conduct complained of was extra-judicial.
Finally, and independently of the foregoing, the Appeal Board held NECNP's motion for recusal to have been untimely filed.
In ALAB-757 the Appeal Board again discussed and reaffirmed both the factual findings as to the lack of disqualifying bias and the ruling that the motion was untimely.
The Claims on Appeal Stripped to its essentials, the petition urges three grounds for reversal of the actions of the Appeal Board.
First, it is argued the Commission should reconsider its decision in Houston Lighting and Power Co. (South Texas Project, Units 1 and 2), CLI-82-4, 15 NRC 1363 (1982), as to 1/
Public Service Company of New Hampshire (Seabrook l
Station, Units 1 and 2), ALAB-749, 18 NRC (Nov. 28, l
1983); Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-748, 18 NRC (Nov. 16, 1983).
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- o the legal standard applicable to disqualification motions.
Second, it is urged that the factual findings of the Appeal Board as to the lack of pervasive bias are erroneous.
- And, third, it is urged that the ruling as to timeliness was in error.
The Petition Should Be Denied It is respectfully suggested that this Commission's consideration of this petition should begin and end with the timeliness issue.
The hearings giving rise to the charges ended on August 31, 1983; a motion to recuse Judge Hoyt was filed by another intervenor on October 7, 1983; a second intervenor filed another such motion on October 28, 1983.
NECNP responded in support of neither motion.
NECNP then filed its motion on November 23, 1983 almost three months after the occurrence of the last allegedly bias conduct; t
about two months after the first intervenor disqualification motion and nearly one month after the second.
To permit such tactics to allow intervenors in concert a total of three bites at the recusal (including appellate) apple is to invite chaos, not to mention the fact that the mere pendency of such motions inherently delays and creates uncertainty in l
any ongoing proceeding.
By any analysis this motion was untimely.
Prescinding from the foregoing, neither of the other grounds asserted makes a case for Commission review.
Cne is an assertion of an error of fact as to an issue where the l
j Appeal Board reached a result identical to that reached by the Administrative Law Judge.
The regulations provide for denial of review in such circumstances.
10 CFR 5 2.786(b)(4)(ii).
The other is a request for review of a question of law-and policy which is not novel and as to which the Commission has spoken very recently.
CLI-82-9, supra.
CONCLUSION The petition should be denied.
Respectfully submitted,
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, a-Th6 mas G.
Dignan, Jr.
R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Dated:
January 17, 1984 e '
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CERTIFICATE OF SERVICE DOCXETED USHRC I,
Thomas G. Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on January }{, JN$gg, A10:28 I made service of the within document by mailing copies
.thereof, postage prepaid, to:
OFFIE OF SEU t.!A 00CETIN!i 4 si 9 Nunzio J. Palladino, Chairman Victor Gilinsky, Commispxgggr #'
U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 John F. Ahearne, Commissioner Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 James K. Asselstine, Commissioner U.S.
Nuclear Regulatory Commission Washington, DC 20555 Alan S. Rosenthal, Chairman Gary J. Edles, Esquire Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Howard A. Wilber, Esquire Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Commission l
Washington, DC 20555
(
Helen Hoyt, Chairperson Ms. Diana P.
Randall Atomic Safety and Licensing 70 Collins Street Board Panel Seab: rook, NH 03874 I
U.S.
Nuclear Regulatory Commission Washington, DC 20555 Dr. Emmeth A.
Luebke William S.
Jordan, III, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.
U.S. Nuclear Regulatory Suite 306 Commission Washington, DC 20006 Washington, DC 20555 -
Dr. Jerry Harbour G. Dana Bisbee, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S. Nuclear Regulatory 208 State House Annex Commission Concord, NH 03301 Washington, DC 20555 Atomic Safety and Licensing Roy P.
- Lessy, Jr.,
Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC _20555-Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 Philip Ahrens, Esquire A~ne Verge, Chairperson n
Assistant Attorney General Board of Selectmen Department of the Attorney Town Hall General South Hampton, NH 03827 Augusta, ME 04333 Charles Cross, Esquire' JoAnn Shotwell, Esquire Shaines, Madrigan & McEachern Assistant Attorney General 25 Maplewood Avenue Department of the Attorney General P. O.
Box 366 One Ashburton Place, 19th Floor Portsmouth, NH 03842 Boston, MA 02108 Ms. Roberta C.
Pevear Mr. Patrick J. McKeon Assistant Attorney General Selectmen's Office l
the Town of'Hampton Falls 10 Central Road Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Mrs. Sandra Gavutis Mr. Calvin A. Canney Assistant Attorney General
_ City Hall City Manager l
the Town of Kensington l
RED 1 -
126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J.
Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950
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Senator Gordon J. Humphrey Mr. Richard E.
Sullivan
.1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Donald E. Chick Town Manager's Office Town Manager Town Hall Town of Exeter Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 Brian P. Cassidy, Esquire Brentwood Board of Selectmen Regional Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency - Region I 442 POCH Boston, MA 02109 Gary W.
Holmes, EE quire Holmes & Ells 47 Winnacunnet Road Hampton, NH 03841 7
ThTimaVGggnan, Jr. __
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