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Category:BRIEFS
MONTHYEARML20082H6771991-08-12012 August 1991 Brief of Licensee Re Appeal from Decision of ASLB LBP-91-24 of 910530 Concerning Seabrook Proceeding.* W/Certificate of Svc ML20082G8381991-08-0606 August 1991 Brief of Licensee on Appeal from Decision of ASLB LBP-91-28 (910618).* Appeal Should Be Dismissed for Failure to File Brief as Required by Rules of Practice.W/Certificate of Svc ML20082D9281991-07-23023 July 1991 Brief Supporting Intervenor Notice of Appeal of LBP-91-28.* Seacoast Anti-Pollution League Appeals Decision of Commission Rendered 910618 Denying Standing to Intervene in Transfer of Ownership Interest in Facility ML20082D4501991-07-11011 July 1991 Brief of Intervenors on Their Appeal of LBP-91-24.* Commission Should Reverse Findings of Licensing Board in LBP-91-24 & Remand Beach Sheltering Issue Per Directives of ALAB-939.W/Certificate of Svc ML20070U4731991-01-24024 January 1991 Brief of City of Holyoke Gas & Electric Dept Opposing Exceptions ML20070U4441991-01-0909 January 1991 Brief of City of Holyoke Gas & Electric Dept Opposing Exceptions ML20055G7211990-07-13013 July 1990 NRC Staff Response to Aslab 900622 Memorandum & Order.* Advises of Sufficient Personnel at Facility to Properly Care for Children,Regardless of Availability of EPZ Teachers at School Host Facility ML20043H1621990-06-15015 June 1990 Brief of Seacoast Anti-Pollution League on Appeal of LBP-90-12.* Seacoast Anti-Pollution League Should Not Be Forced to Face Hopson Choice or Participate in Meaningless Proceeding & Have Remanded Issues Dismissed.W/Svc List ML20012D6801990-03-20020 March 1990 on Appeal from Decision of Board LBP-90-01 (900108).* Decision Should Be Affirmed on Basis That Board Did Not Err in Rulings on Commonwealth of Ma Motions or Holding That Motions Deemed Untimely.W/Related Info & Certificate of Svc ML20011F0741990-02-22022 February 1990 on Appeal from Decision of Board LBP-89-38 (891211).* Board Decision Should Be Affirmed Due to Contentions Not Passing late-filed Criteria & Argument from Regulatory Interpretation & History Flawed.W/Certificate of Svc ML20006F4731990-02-16016 February 1990 Intervenors Brief in Support of Appeal of LPB-90-01.* Decision Should Be Reversed & Emergency Broadcast Sys Contention & Addl Basis Admitted.W/Supporting Info & Certificate of Svc ML20006B2441990-01-24024 January 1990 Seacoast Anti-Pollution League Brief on Appeal of Partial Initial Decision on Spmc & 1988 FEMA-graded Exercise (LBP-89-32).* Board Erred in Various Rulings & Decision.W/ Supporting Documentation & Svc List ML20006B1671990-01-24024 January 1990 Brief of appellants-intervenors Towns of Salisbury & Amesbury on Appeal of Partial Initial Decision on Spmc LBP-89-32.* Matter Should Be Remanded to Board & Further Hearings Held.W/Statement of Issues & Certificate of Svc ML20006B1701990-01-24024 January 1990 Town of West Newbury Brief on Appeal of Partial Initial Decision on Spmc LBP-89-32.* Decision Should Be Reversed Due to Board Error in Not Admitting Certain Contentions.W/ Statement of Issues & Certificate of Svc ML20006B1751990-01-24024 January 1990 City of Newburyport Brief on Appeal of Partial Initial Decision of Spmc LBP-89-32.* ASLB Decision Should Be Reversed Due to Board Error in Finding Evacuation Plan Adequate.W/Statement of Issues & Certificate of Svc ML20006B2161990-01-24024 January 1990 Brief of Commonwealth of Ma Atty General in Support of Appeal of LBP-89-32.* LBP-89-08,LBP-89-17 & LBP-89-32 Should Be Reversed & 891109 License Authorization Revoked & Vacated.W/Statement of Issues & Certificate of Svc ML20006B1791990-01-24024 January 1990 Town of Hampton & Necnp Brief on Appeal of LBP-89-32.* Requests ASLB to Vacate LBP-89-32 & to Order Applicant to Conduct Remedial Exercise to Address Deficiencies in Toh/Necnp EX-1.W/statement of Issues & Certificate of Svc ML20006B1881990-01-24024 January 1990 Town of Newbury Brief on Appeal of Partial Initial Decision of Spmc LBP-89-32.* Decision Should Be Reversed Due to ASLB Error in Rejecting Contentions.W/Statement of Issues & Certificate of Svc ML20006A2291990-01-22022 January 1990 Brief of Intervenors in Support of Appeal of LBP-89-38.* Aslab Should Dispense W/Oral Argument & Reverse ASLB 891109 Denial of Intervenor Right to Hearing on Sept Onsite Exercise Contentions.Related Info & Certificate of Svc Encl ML20006B1931990-01-19019 January 1990 on Appeal from Decision of ASLB LBP-89-28 (891012).* Decision Should Be Affirmed on Basis That Successful Completion of Low Power Testing Not Prerequisite to Issuance of Full Power License.W/Certificate of Svc ML19351A7371989-12-19019 December 1989 Intervenors Brief on Appeal of LBP-89-28.* Ruling Considered Irrational & Should Be Reversed on Basis That Board Arbitrarily Ignored Substantive Evidence of Programmatic Failure & Personnel Mismanagement.W/Certificate of Svc ML19351A7031989-12-0808 December 1989 Applicant Response to Intervenors Immediate Effectiveness Review Comments,Stay Requests & Suppl to Intervenors Motion to Vacate Portions of LBP-89-32 Authorizing Issuance of Seabrook Ol.* Requests for Stays Should Be Denied ML20247A5341989-09-0707 September 1989 NRC Staff Opposition to Waiver of Financial Qualifications Regulation Applicable to Full Power Operation of Seabrook.* Urges That ALAB-920,by Which Appeal Board Reversed Licensing Board Determination in LBP-89-10,be Reversed ML20248B6641989-06-0505 June 1989 NRC Staff Brief in Response to Intervenors Appeals from ASLB Partial Initial Decision on State of Nh Radiological Emergency Response Plan (LBP-88-32).* Board Decision Should Be Reaffirmed.W/Certificate of Svc ML20247K8331989-05-30030 May 1989 NRC Staff Brief in Support of LBP-89-10.* LBP-89-10 Should Be Affirmed on Basis That Commonwealth of Ma Failed to Carry Burden of Making Prima Facie Case.W/Certificate of Svc ML20247F4311989-05-19019 May 1989 on Appeal from Decision of Board (LBP-89-19),dtd 890308.* Decision Should Be Affirmed on Basis That Uncertainty of Future Ownership of Applicant Share Does Nothing to Establish Necessary Prima Facie Case.W/Certificate of Svc ML20245J2081989-04-24024 April 1989 on Appeal from Partial Initial Decision of Board Issues 881230 (LBP-88-32).* Decision Should Be Affirmed.Supporting Documentation & Certificate of Svc Encl ML20244D6481989-04-18018 April 1989 Applicant Final Trial Brief.* on Basis of Stated Evidence, Applicant Will Ask Board to Issue Initial Decision & Order Authorizing Issuance of Full Power OL for Plant.Certificate of Svc Encl ML20244C1141989-04-13013 April 1989 Brief on Behalf of Seacoast Anti-Pollution League on Appeal to Board Memorandum & Order Denying Financial Qualification Review for Seabrook Joint Owners.* Matter Urged to Be Dealt W/In Responsible & Rationale Manner.Svc List Encl ML20247A8541989-03-24024 March 1989 New England Coalition on Nuclear Pollution Brief in Support of Intervenors Appeal of LBP-88-32.* Partial Initial Decision Should Be Reversed & Remanded to Licensing Board for Further Hearings.Svc List Encl ML20247A8291989-03-24024 March 1989 Commonwealth of Ma Atty General Brief on Appeal of Partial Initial Decision on State of Nh Radiological Emergency Response Plan LBP-88-32.* Decision Should Be Reversed. Exhibits & Certificate of Svc Encl ML20247A5591989-03-21021 March 1989 Seacoast Anti-Pollution League Brief on Appeal of Partial Initial Decision on State of Nh Radiological Emergency Response Plan LBP-88-32.* Svc List & Supporting Documentation Encl ML20236D7681989-03-17017 March 1989 NRC Staff Response in Opposition to ED Weinhold Appeal of LBP-89-03.* Appeal Board Should Deny ED Weinhold Appeal & Affirm LBP-89-03.Certificate of Svc Encl ML20236D4611989-03-15015 March 1989 NRC Staff Response in Opposition to Joint Intervenors Appeal of LBP-89-04.* Appeal Should Be Denied & LBP-89-04 Affirmed on Basis That Required to Meet Stds of 10CFR2.714 Before Admittance.W/Certificate of Svc ML20236C3561989-03-10010 March 1989 on Appeal from Decision of ASLB LBP-89-04 Issued on 890130: Brief of Applicant.* Decision of ASLB Should Be Affirmed. Certificate of Svc Encl ML20236C3381989-03-0909 March 1989 Applicant Response to Commonwealth of Ma Atty General Motion for Directed Certification of LBP-89-8.* Motion for Directed Certification Should Be Denied.Certificate of Svc Encl ML20236A4331989-03-0707 March 1989 Applicant Response to Notice of Appeal from Decision of ASLB in Memorandum & Order & Restated & Served on 890216 & Further Restated & Served on 890222 as Provided by 10CFR2.714(a).* Certificate of Svc Encl ML20235V3511989-02-28028 February 1989 Applicant Trial Brief as to First Filing Phase of Litigation as to Seabrook Plan for Commonwealth of Ma Communities & Exercise Contentions.* Certificate of Svc Encl ML20235N3381989-02-24024 February 1989 Brief of Seacoast Anti-Pollution League in Support of Reversal of LBP-88-32 in Light of ALAB-905.* Certificate of Svc Encl ML20205R4851988-11-0202 November 1988 NRC Staff Response to New England Coalition on Nuclear Pollution Brief in Support of Appeal of Memorandum & Order .* Appeal Should Be Denied & 880808 Order Should Be Affirmed.Certificate of Svc Encl ML20154P7241988-09-26026 September 1988 NRC Staff Response to Joint Intervenors Application for Stay of Order Authorizing Issuance of Low Power License.* Request Should Be Dismissed or Referred to Aslab.Stay of Low Power Operations Unwarranted.W/Certificate of Svc ML20207E3601988-08-12012 August 1988 NRC Staff Response to New England Coalition on Nuclear Pollution (Necnp) Brief in Support of Appeal of Board Dismissal of Necnp Contention Iv.* Requests That Necnp Appeal Be Dismissed.Certificate of Svc Encl ML20150D4491988-07-0101 July 1988 New England Coalition on Nuclear Pollution (Necnp) Brief in Support of Appeal of Board Dismissal of Necnp Contention Iv.* Board 880217,0318 & 0401 Decisions Should Be Reversed. W/Certificate of Svc ML20154H7851988-05-17017 May 1988 NRC Staff Response to New England Coalition on Nuclear Pollution Brief in Support of Appeal of Memorandum & Order Renewing Authorization to Operate at Low Power.* Aslab Should Deny Appeal & Affirm Order.W/Certificate of Svc ML20148S9601988-04-0909 April 1988 Applicant Response in Opposition to Commonwealth of Ma Atty General Petition Under 10CFR2.758 for Waiver of or Exemption from Public Util Exemption from Requirement of Demonstration of Financial Qualification.* W/Certificate of Svc ML20151P1201988-04-0707 April 1988 New England Coalition on Nuclear Pollution Brief in Su of Appeal of Memorandum & Order Renewing Authorization to Operate at Low Power.* Brief Consisting of Tables Inadvertently Omitted.Certificate of Svc Encl ML20151P0501988-04-0707 April 1988 New England Coalition on Nuclear Pollution Brief in Support of Appeal of Memorandum & Order Renewing Authorization to Operate at Low Power.* Errata to Brief,Consisting of Table of Contents & Table of Authorities ML20148U5251988-01-25025 January 1988 Applicant Answer to Contention of Atty General Jm Shannon on Notification Sys for Commonwealth of Ma & Motion to Admit late-filed Contention & Reopen Record.Certificate of Svc Encl ML20235K9681987-09-25025 September 1987 Intervenor Correction of Errata & Substitution of Corrected Page 14 to Intervenors Brief in Support of Appeal of Memorandum & Order Denying Petition to Waive Regulations 50.33(f) & 50.57(a)(4)......* Certificate of Svc Encl ML20235F2451987-09-24024 September 1987 Intervenors Brief in Support of Appeal of Memorandum & Order Denying Petition to Waive Regulations 50.33(f) & 50.57(a)(4) to Extent Necessary to Require Applicants to Demonstrate Financial Qualification....* Certificate of Svc Encl 1991-08-06
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
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!an!_ il:P 10 hrI UNITED STATES OF AMERICA '91 ,P 25 l1:17 NUCLEAR REGULATORY COMMISSION .
i DEFORE Tile COMMISSION lo Kenneth M. Carr, Chairman H' Thomas M. Roberts Kenneth C. Rogers James H. Curtiss*
Forest Remick* !
}
In the Matter of I
)
PUBLIC SERVICE COMPANY OF
)
)
Docket No. 50-443-OL (Offsite Emergency
% -Od NEW !!AMPSilIRE, et al. ) Planning Issues)
(Seabrook Station, Unit 1) )
I l l
? l BRIEF SUPPORTING INTERVENOR'S NOTICE OF APPEAL OF LDP-91-28 i l l
l-SEACOAST ANTI-POLLUTION LEAGUE i
Robert A. Backus, Esquire BACKUS, MEYER & SOLOMON L 116 Lowell Street l P.O. Box 516 l ,. Manchester, N11 03105 4
9107300107 910723 3 PDR ADOCK 0500 ty O) i
l 4
l l
July 23, 1991 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION l
Kenneth M. Carr, Chairman i Thomas M. Roberts Kenneth C. Rogers James R. Curtiss* 1 Forest Remick*
I l
) i In the Matter of )
) Docket No. 50-443-OL
-PUBLIC SERVICE COMPANY OF ) (Offsite Emergency NEW HAMPSHIRE, et al. ) Planning Issues)
(Seabrook Station, Unit 1) ) l
)
BRIEF SUPPORTING INTERVENOR'S NOTICE OF APPEAL OF LBP-91-28 Petitioner, Seacoast Arati-Pollution League, (SAPL), appeals the decision of the Nuclear Regulatory Commission, Atomic Safety and Licensing Board, rendered June 18, 1991, which denied SAPL standing to_ intervene in the transfer of Public Service Company of New Hampshire's (PSNH) ownership interest in Seabrook Nuclear Station to Northeast Utilities Company (NU).
BACKGROUND SAPL is an organization which represents the interests of citizens in the seacoast areas of New Hampshire and northeastern Massachusetts, most of whom reside within the ten-mile emergency
- planning zone of the Seabrook Nuclear Power Plant. Due to their location, these citizens stand to be profoundly affected by any increase in risk which would be caused by the proposed license
amendment. The amendment would allow NU to acquire PSNH's ownership interest in Seabrook Nuclear Station, through a newly-created and wholly-owned NU subsidiary, North Atlantic Energy Corporation (NAEC).
SAPL socks to intervene in the transfer of PSNH's ownership interest in Seabrook Nuclear Station to NU. NU is currently under NRC investigation regarding its unfair treatment of employees who are nuclear whistleblowers at NU's Millstone Power Plant.
Specifically, the NRC is investigating a pattern of intimidation and harassa.'at by NU management of Millstone employees reporting to the NRC potential violations of nuclear regulations by NU.
Additional concern over NU's commitment to safely run the Millstono plant is evidenced by the NRC's Systematic Assessment of Licensee Performance (SALP) Report of January 28-29, 1991, concerning a special inspection conducted in July 1989. The SALP report concluded that there woro " weaknesses in [NU's] sufficiency reporting method and there appears to be a reluctance on the part of some employees to use formal procedures and their line management for recording deficiencies." See SALP Report Nos. 50-245/89-99, 50-336/89-99, 50-336/89-99; 50-423/89-99, III. G.
Safety Assessment / Quality Verification of Millstone. The conclusion of the SALP Report was that despite corrective actions, NU "has not been totally effective in satisfactorily resolving
- - some employee concerns . . . the NRC is not confident that root
[
causes of these issues have been identified and resolved by (NU)."
Id.
SAPL avers that the record casts doubt on NU's commitment to safely and conscientiously run the Millstone nuclear facility. In
. its Memorandom and Order of June 18, 1991, the Commission denied SAPL's Petition for Leave to Intervene on the grounds that SAPL lacked standing.
SAPL treated its Appeal of the Commision's denial of standing as an Appeal to the Commission from an initial decision. Hence, SAPL filed its Notice of Appeal on June 28, 1991, pursuant to 10 CFR 2.762(a). SAPL believed that, pursuant to said CFR provisions, it had 50 days to file an accompanying brief, or until July 28, 1991, 10 CFR 2.762(b). SAPL is now aware that its accompanying brief would have been due on the date its Notice of Appeal was filed, June 28, 1991. The mix-up in dates was due to an oversight, and SAPL's long standing practice of filing briefs in the still not final operating license procedure. SAPL avers that in light of its long standing status as an intervenor in proceedings regarding the Seabrook plant, as well as the fact that its Notice of Appeal was timely filed, the failure to file a supporting brief simultaneously with its Notice of Appeal ahould not foreclose the Commission's consideration of this brief.
SUMMARY
OF ARGUMENT SAPL has clearly demonstrated an injury-in-fact which falls within the zone of interests protected by the scope of the proceeding herein.
1
4 ARGUMEILT It is not disputed that, in determining whether petitioner may intervene in this proceeding, judicial concepts of standing will be employed. Memorandum and Order at 3-4. The first part of
. petitioner's establishment of standing relates to its ability to demonstrate " injury-in-fact". Additionally, petitioner's injury must. arguably be within the zone of interests protected by the statutes covering the particular proceeding. Sierra Club v.
Morton, 405 U.S. 727, 733 (1972); see also, Metropolitan Edison Cat (Three Mile Island Nuclear Station, Unit 1), 18 NRC 327, 332 (1983).
The Supreme Court, in Eierr3 Club v. Morton, p_qpm , said that: "the ' injury-in-fact' test requires more than an injury to a cognizable interest. It requires that the party seeking review be himself among the injured." Id., at 734-735. Further explaining this standard, the Court in United States v. SCRAP, 402 U.S. 669 (1973) opined:
In interpreting ' injury-in-fact' we made it clear that standing was not confined to those who could show economic ' harm', . . .
nor, we said, could the fact that many persons share the injury be sufficient reason to disqualify from seeking review of an agency's action any person who had in fact suffered injury . .
In pierra Cljlb, thouqh, we went on to stress the importance of demonstrating that the party seeking review be himself among the injured, for it is this requirement that gives a litigant a direct stake in the controversy and prevents the judicial process from l
. _ _ _ _ . -_ - . .._ _.~ _ . _ . . _ _ . _ _ _ . - . _
becoming no~more than a vehicle for the vindication of the value interests of concerned bystanders.
Id.-at 686-87.
a- . Petitioner-SAPL is a citizens organization representing the
interests of citizens-who reside in-the seacoast areas of New
- j-.! ,
~ Hampshire and northeastern Massachusetts. As noted in SAPL's Petition to-Intervene, most'of the citizens represented 31ve within the ten-mile emergency planning zone for the Seabrook Station. - By virtue-or their 1ccation, any increased risk in the operation of the-Seabrook facility will result in harm'to those residents within the emergency planning zone.
Petitioner has alleged that the' injury to its members will be incurred by. reason of the change in ownership of Seabrook from current owner PSNH to' proposed owner NU,_through NU subsidiary NAEC. As a-basis for its safety concerns, petitioner cited NRC l-investigations into allegations of harassment of NU employees by t
NU management where-said employees reported violations on the part of NU.in the management of the Millstone _ plant. As;further basis
- for concern, petitioner noted the SALP_Reporttof January, 1991-
, assessing-the safety.of Millstone, a report _which was unfavorable l
to NU.
SAPL asserts these potentially hazardous conditions at the Millstone Nuclear Station to1 point out that the management of NU-is deficient in its ability to~ safely and effectively run a l
nuclear-power generating facility. If-the proposed' license amendment is granted, NU will take over a.significant portion of
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l Seabrook Huclear Station. Clearly, from its track record thoro is concern over not only NU's ability but also its commitment to run a safo and officient facility. The fact that Nit" will be tho actual owner of tho facility makes no difference as it is a wholly owreed and complotoly controlled subsidiary of NU. The increased risk which will occur if HU is to tako over Soabrook poses a very real harm to citizens of the Seacoast who are represented by SAPL.
In its Memorandum and Order of Juno la, 1991, the Commission notes that it is " constrained in (its) review to considor only concerns involv!ng that transfer . . . (and) allegations concerning NRC investigation of regulatory violations by a parent organization at another licensed facility (Millstono) have no place and cannot be reviewed in the instant proceeding."
Memorandum at 4-5. This rationale on the part of the Commionion, however, misses the point that SAPL raises in its petition.
Specifically, SAPL is not bringing up issues concerning NU management of Millstone for any type of agency revi6W in this proceeding. Rather, SAPL raises the issue as it relates to NU's inability or lack of commitment to aafoly run a nuclear power plant, due to its long standing management practices concerning treatment of those who bring forward safety allegations.
4 The Commission also dictates that the pending investigation i rto NU managemant would not be germano to licensing i ssues "even if the amendment application directly involved NU and concerned applications of ownership or operational responsibility at
Seabrook." Homorandum at 5. SAPL is hard pressed to comprehend how the proposed amendment does not directly involve NU due to the inv- ...mont of NAEC, NU's wholly owned and fully controlled subsidiary. SAPL contendo that NAEC is but one organ of the ontity NU and, as such, rondern NU an integral part of the proposod amendment.
Thus, SAPL avers that the failure of NU to safely run its M111stono nucioar facility as evidenced by more than one pending NRC invostigation, raises safety concerna on the part of soacoast residents within the ten-mile omorgoney planning zona of the Seabrook Station. If a hearing revoals that the NU corporate culturo is not fully committod to nuclear safety, a decrease in the safory of Seabrook Station is likely to occur if and when the NU takeover is offectiva, notwithstanding the creation of NAEC as the owner of record.
Thus, there is more tc petitionor's pleadings than an ingenious exerciso in the conceivablo. Those scacoast ,.esidents can demonstrate that they will in fact be porceptively harmed by the transfer of the ownership intorost in Suabrook from PSNil to NAEC. This is sufficient to demonstrate the re-tisito showing of standing necessary for the initiation of SAPL's intervention.
EQBAE, ard2IA, 412 U.S. nt 668.
"It is clear that an organization whose members are injured may represent those members in a proceeding ror judicial review."
NAACP v. Button, 371 U.S. 415, 428 (1963). Thus, by virtue of the l demonstrable injury of the area-residents, SAPL has standing to l
challen wo the amendment herein.
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CONCLUSION For the reasons stated hereinabove, SAPL appeals the decision of the commission rendored June 18, 1991, which denied its standing to intervono in the transfer of the ownership interest in
. Seabrook Station.
Respectfully submitted, Seacoast Anti-Pollution League By its Attorneys, BACKUS, MEYER & SOLOMON B y : , n, o b e A'. r t Backus, Esquire 116 Lowell Street P.O. Box 516 Manchestor, N!! 03105 (603) 668-7272 Dated: July 23, 1991 I hereby-certify that the copios of the within Brief of the Scacoast Anti-Pollution Leaguo have been forwarded to the parties
- on the attached service list by first class mail, postage <
propaid.
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,,jRobertA . 'Backus , Esquiro l-
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Ad'ainscr'ative JudSe Administrative Judge Docketing and Service G.. Paul Bollverk, 111,'Chran, James St. Carpenter US NRC Atomic Safety and Licensing Alternate Technical Member Washington, DC 20555 Appeal Board Panel Ato.nic Safety and Licensing ,yiyL US NRC Board ' d"i Washington. DC -20$$5 US NRC Washington, DC 20555 91 Jit 25 A10:17 Robert R. Pierce Esq. Kenneth C. Rogers, Commissioner Atomic > Safety /& Licensing Atomic Safety and Licensing US NRC FA@ical "oardiPdnel Board Washington, DC 20555 US NRC US NRC Washin, d. DC 20555 Washington DC 20555 2
Administrative Judge Thomas M. Roberts, SAPL Thomss S. Moore Commissioner 5 Harket Street
-US NRC US NRC Portunouth, NH 03801 Washington, DC 20555 Washington, DC 20555 Administrative Judge Leslie Creer, l'sq.
Alan S. Rosenthal Ivan Selin, Chrm, Assistant Attorney General US NRCL US NRC One Ashburton Place Washington, DC 20555 Washington, DC 20555 19th PJoor Boston, F. 02108 Administrative' Judge Jamen R. Curtisi.,
lloward A. Wilber Commissioner '
US NRC , US HRC Washington, DC 20555 Washington, DC 20555 l ;
Administrative Law Judge Dr. Kenneth A. McCollom Thomas G. Dignan,_Esquite
. James P. Gleason, Chrmn. Atomic Safety and Licensing Jeffrey P. Trout, Esquire Atomic Safety and Licensing Board Ropes 6 Gray Board US NRC One International Place US NRC ' Washington, DC 20555 Boston, MA 02110-2624 Washington -DC 20555 Administrative Judge Atomic Safety and Licensing Diano Curran, Esquire Kenneth A. & Collom Board Panel llarmon, Curran & Tousley Atomic Safety and Licensing US NRC 20001 "S" Street, N.W.
Board Washington, DC 20555 ' Suite 430 US NRC Washington, DC 20009 Washington DC' 20555
IWin J. Imio, rapiro
'Offico of Coneral Countc1 US IUC Washingtori, FC 20555 Pr.ul McEachern, Ihjuiro Shaines & M:Eachern P.O. Ibx 360 Maplewatx1 Avenue :
Portcteuth, tal 03001 '
Sandra Gavut.in in 1, Ibx 1154 East Pennington, 101 03827 Mitzi A. Young
' Attorney
-Office of-the Ceneral Counsel US NTC Washington,IX2 20555 d.JosephFlynn,Eng.
Fcderal Drcrgercy thnagatent Agency ,
500 C Street, S.W.
Washington, DC 20472 G. Dana Bisbee. Esquire-0ffice of Attorney General Stato 11ause Concord,tal 03301 l
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