ML20080T365

Answer Supporting Jf Doherty 831004 Request for Leave to Amend Petition to Intervene.Petition for Leave to Intervene, as Amended,Should Be Denied.Certificate of Svc Encl

ML20080T365
Person / Time
Site:	Seabrook
Issue date:	10/17/1983
From:	Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8310200267
Download: ML20080T365 (4)

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2 Dated: Octobsr 17, 1983 1, 00CMOIED e

USNRC 53 mn 19 N1 :53 UNITED STATES OF AMERICA 0FF;CE OF SECEi Tl NUCLEAR REGULATORY COMMISSIONICCMIyjy N before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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

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(Seabrook Station, Units 1 & 2) )

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APPLICANTS' ANSWER TO JOHN F. DOHERTY'S REQUEST FOR LEAVE TO AMEND HIS PETITION FOR LEAVE TO INTERVENE Under date of October 4, 1983 John F. Doherty has filed a " Request for Leave to Amend his Petition for Leave to Intervene." In reality this is a brief in response to the answers to the ariginal petition filed by the Staff and Applicants.

The " amendment" adds nothing of substance to his arguments made in the original petition. He has expanded his contention to make clear that his position is that this Board cannot conduct a hearing on Unit 2 until Unit 2 is further along to completion; that it is the Board's function to issue licenses; and that it is the Board's function to 8310200267 831017 PDR ADOCK 05000443 %a e PDR v

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" control the outcome of the plant's systems."

Unfortunately, none of this is good law; indeed the law is just the opposite. Commonwealth Edison Co. (Zion Station, Units 1 and 2), ALAB-226, 8 AEC 381, 410-411 (1974).

The request for leave to amend should be granted; and, for the reasons expressed in our earlier answer to the original petition, the petition for leave to intervene, as amended, should be denied.

Respectfully submitted, na -

fb W Thomas G. Dignan, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 l

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m t.i CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on Octcber 17, 1983, I made service of the within document by mailing copies thereof, postage prepaid, to:

Helen Hoyt, Chairperson Brian P. Cassidy, Esquire Atomic Safety and Licensing Regional Counsel Board Panel Federal Emergency Management U.S. Nuclear Regulatory Commission Agency - Region I Washington, D.C. 20555 442 POCH Boston, MA 02109 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 Commission Suite 506 Washington, DC 20555 Washington, DC 20006

) Dr. Jerry Harbour George Dana Bisbee, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S. Nuclear Regulatory Commission 208 State House Annex Washington, DC 20555 Concord, NH 03301 Atomic Safety and Licensing Roy P. Lessy, Jr., Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Commission Director i

Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Robert A. Backus, Esquire Board Panel 116 Lowell Street U.S. Nuclear Regulatory Commission P.O. Box 516

! Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Anne W. Verge, Chairman Assistant Attorney General Board of Selectmen l Department of the Attorney Town Hall i General South Hampton, NH 03827 Augusta, ME 04333 l

David R. Lewis, Esquire Jo Ann Shotwell, Esquire i Atomic Safety and Licensing Assistant Attorney General Board Environmental Protection Bureau U.S. Nuclear Regulatory Commission Department of the Attorney General Washington, DC 20555 One Ashburton Place, 19th Floor

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Boston, MA 02108 l

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Mr. Charles Cross, Esq. Brentwood Board of Selectmen Shaines, Madrigan, & McEachern R.F.D., Dalton Road <

25 Maplewood Avenue Brentwood, NH 03833 P.O. Box 366 Portsmouth, NH 03801 State Rep. Roberta C. Pevear Calvin A. Canney, City Manager Drinkwater Road City Hall, 126 Daniel Street Hampton Falls, NH 03844 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Patrick J. McKeon RFD 1 Selectmen's Office East Kingston, NH 03827 10 Central Road Rye, NH 03370 Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Board of Washington, DC 20510 Selectmen (Attn: Tom Burack) s Town of Newbury Newbury, MA 01950 Town Manager's Office Richard E. Sullivan, Mayor Town Hall - Friend Street City Hall Amesbury, MA 01913 Newburyport, MA 01950 Ms. Diana P. Randall Donald E. Chick, Town Manager 70 Collins Street Town of Exeter Seabrook, NH 03874 10 Front Street Exeter, NH 03833 Senator Gordon J. Humphrey One Pillsbury Street Concord, NH 03301 (Attn: Herb Boynton)

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Thomas Gytjifan, Jr.

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