ML20081A400

Answer Opposing Seacoast Anti-Pollution League (Sapl) 831007 Motion to Stay Further ASLB Rulings Pending Review & Appeal of Sapl Motion for Disqualification.Motion Frivolous,Absurd & Allows judge-shopping.Certificate of Svc Encl

ML20081A400
Person / Time
Site:	Seabrook
Issue date:	10/24/1983
From:	Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20081A403	List: ML20081A400 ML20081A413 ML20081A423 ML20081A438
References
NUDOCS 8310260254
Download: ML20081A400 (5)

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Dated: Octobsr 24, 1983 2

) 00CKETED ustac T3 00T 25 P2:16 UNITED STATES OF AMERICA 0FF CE Of SECPthe v NUCLEAR REGULATORY COMMISSION 00CXE-TING & sggyd j' BRAth:H 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 SAPL'S MOTION TO STAY FURTHER LICENSING BOARD RULINGS PENDING REVIEW AND APPEAL OF SAPL'S MOTION FOR DISQUALIFICATION Under date of October 7, 1983 SAPL filed a motion to j stay further licensing board rulings pending the Chair's ruling on the SAPL motion to disqualify her and, if that motion is denied by the Chair, its review under 10 CFR 6 2.704 by the Appeal Board. In addition it is requested that l if the motion is granted "the present schedule for emergency planning litigation should be extended for the resulting length of the stay":

8310260254 831024 a PDR ADOCK 05000443 U g PDR

i The motion should be denied. For the reasons set forth in its separate response to the disqualification motion, it is the applicants position that SAPL's motion, based as it is almost entirely upon alleged affect directed to parties other than SAPL borders on the frivolous because of lack of standing. Puget Sound Power & Light Co. (Skagit Nuclear Power Project, Units 1 & 2), ALAB-536, 10 NRC 30, 33 (1979).

Second, the reasons given in the motion for its allowance are absurd; to grant the motion allows SAPL to judge shop at a leisurely pace for its convenience.

l Third, to set the precedent in this and any other case of assuring that an opponent of a facility can gain a delay in the proceeding through the simple device of filing a motion to disqualify is to invite administrative chaos.

Respectfully submitt

, .W ,

Thomas G. Dignan, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110

, (617) 423-6100 I

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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on October 24, 1983, I made service of the within Applicants' Answer to SAPL's Motion to Stay Further Licensing Board Rulings Pending Review and Appeal of SAPL's Motion for Disqualification by mailing copies thereof, postage prepaid, to:

Helen Hoyt, Chairperson Diana P. Randall Atomic Safety and Licensing 70 Collins Street Board Panel Seabrook, NH 03874 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 506 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, Eequire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 Philip Ahrens, Esquire Anne Verge, Chairperson Assistant Attorney General Board of Selectmen Department of the Attorney Town Hall General South Hampton, NH Augusta, ME 04333 David R. Lewis, Esquire Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Department of the Attorney General Commission One Ashburton Place, 19th Floor Rm. E/W-439 Boston, MA 02108 Washington, DC 20555 Charles Cross, Esquire Ms. Olive L. Tash Shaines, Madrigan & McEachern Designated Representative of 25 Maplewood Avenue the Town of Brentwood P. O. Box 366 R.F.D. 1, Dalton Road Portsmouth, NH 03842 Brentwood, NH 03833 Ms. Roberta C. Pevear Mr. Patrick J. McKeon Designated Representative of Selectmen's Office the Town of Hampton Falls 10 Central Road Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Mrs. Sandra Gavutis Mr. Calvin A. Canney Designated Representative of City Manager the Town of Kensington City Hall RFD 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, D.C. 20510 Board of Selectmen (Attn: Tom Burack) Town of Newbury i

Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Richard E. Sullivan 1 Pillsbury Street Mayor j Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 t

Mr. Donald E. Chick Town Manager's Office Town Manager Town Hall Town of Exeter Friend Street 10 Front Street Amesbury, MA 01913 l Exeter, NH 03833 l

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6 Brian P. Cassidy, Esquire Brentwood Board of Selectmen Regional Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency - Region I 442 POCH Boston, MA 02109

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Thomss G. Dignan, Jr.