ML20080H258
| ML20080H258 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/10/1984 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8402140151 | |
| Download: ML20080H258 (4) | |
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5 FILED:
February 10, 19~8 4 l
UNITED STATES OF AMERICA
'g b I3 NUCLEAR REGULATORY COMMISSION Aff ;73 l
BEFORE THE ATOMIC SAFETY AND LICNSING BO J., ~., n uo.b.0cf'M BR in the matter of:
PUBLIC SERVICE COMPANY OF Docket Nos.
50-443 OL NEW HAMPSHIRE, et al 50-444 OL (Seabrook Station, Units 1 and 2)
SAPL RDTION FOR RECONSIDERATION OF DENTAL OF SAPL SUPPLEMENTAL CONTENTION 5 The Seacoast Anti-Pollution League (hereinafter "SAPL") moves for reconsideration of the Order issued by this Board on September 13, 1982 insofar as it denied SAPL Supplemental Contention 5, which reads as follows:
"The lead Applicant and certain other Applicants, including
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United Illuminating and Bangor Hydro, cannot demonstrate reasonable assurance that they are financially qualified to meet the cost of operating and decommissioning the proposed facility.
The Board denied this contention stating that recent amendments to 10 C.F.R.
650:33(f) prohibited litigation of issues concerning financial qualifications in operating license proceedings.
SAPL asserted "special circumstances" within the meaning of 10 C.F.R. 62.758(b) to overcome this prohibition, and stated:
L B402140151 840210 PDR ADOCK 05000443 O
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"In addition, SAPL states its contention to protect this position in the event that the new regulaton is revoked or held invalid."
In its decision of February 7, 1984, the D.
C. Circuit Court of Appeals upheld a challenge to the elimination of the Commission's financial qualification regulation.
SAPL urges-the Board to admi t its Supplemental Contention 5 on the basis originally stated.
Since Apri 20, 1982, further evidence indicates that Public Service Company of New Hampshire is financially unqualified; SAPL reserves the right to amend its Contention 5 in the event that the Board requires current evidence of reaffirmation of the basis.
For tile reasons set forth ebove, SAPL prays that this Board reverse its Decision and admit SAPL Supplemental Contention 5.
Respectfully submitted, Seacoast Anti-Pollution League By itr. attorneys, BACKUS, SHEA & MEYER
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By:
Rotfer/ A.
Backus 114,,Lowe l l St., Box 516 Ma'.ich e s t er, N.H.
03105 Te1:
(603) 668-7272 February 10, 1984 l
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00CKEitt d A SEPVJ-O CERTIFICATE OF SERVICE DATED:
February 10, 1984 I, Jon Meyer, on behalf of Robert A. Backus, hereby certfy that I have mailed to the attached list of people, first-class, postage prepaid a copy of the enclosed Joinder. If served by Federal Express or Express Mail it is so indicated by
- by the person's name.
-3 JO MEYER
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Helen lloyt, Olm.
Dr. Dmeth A. Luebke Admin. Judge -Atomic Safety Admin. Judge-Atomic Safety
& Lic. Board - U.S. NRC
& Lic. Board-U.S. NRC Washington, DC 20555 Washington, DC 20555 Dr. Jerry liarbour Jo Ann Shotwell, Asst. %
Admin. Judge.-Atomic Safety One Ashburton Place
& Lic. Board - U.S. NRC 19th Floor Washington, DC 20555 Boston, MA 02108 floy P. Inssy,Jr., Esq.
Willia:n S. Jordan, I1, Esq.
Office of Exec. Ingal Dir.
Ellyn R. Weiss, Esq.
U.S. NRC 1725 I Street, N.W.
Washington, DC 20555 Suite SOG Washington, DC 2000G Phillip Ahrens, Esq.
'Ihomas G. Dignan, Esq.
!Lsst. Atty. General Ropes and Gray 2* 5 Franklin Street J
State House, Station rw Augusta, IE 04333 Boston, MA 02110 Brian Cassidy DOCKLTING AND SERVICE SEC.
Fed. Emerg. Mgnt. Agcy.
Office of the Secretary Region I U. S. NRC J. W. McComuck POCll Washingt on. DC 20555 Boston, MA 02109 01arles Cror.s, Esq.
Dana Bisbec 26 Maplev. cod Ave.
Attorney Gen. Office P.O. Box 3G6 State of New llampshire Portsmouth, N!i 03801 Concord, NH 03301 Jane Ibughty Field Director - SAPL 5 Market Street Portsnouth, Nll 03S01