ML20083F546
| ML20083F546 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/27/1983 |
| From: | Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC COMMISSION (OCM) |
| References | |
| ALAB-749, NUDOCS 8401030150 | |
| Download: ML20083F546 (6) | |
Text
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00CMETED usNPC UNITED STATES OF AMERICA
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before the auNCH NUCLEAR REGULATORY COMMISSION
)
In the Matter of
)
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 NEW HAMPSHIRE, et al.
)
50-444
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(Seabrook Station, Units 1 and 2
)
)
APPLICANTS' ANSWER OPPOSING ATTORNEY GENERAL FRANCIS X.
BELLOTTI'S PETITION FOR REVIEW BY THE U.S.
NUCLEAR REGULATORY COMMISSION OF ALAB-749 Introduction This is a petition for Commission review, filed pursuant to 10 CFR S 2.786(b) by the intervcnor Francis X.
- Bellotti, Attorney General of Massachusetts (Mass. AG) of a decision of the Appeal Board, Public Service Company of New Hampshire (Seabrook Units 1 and 2), ALAB-749, 18 NRC (Nov. 28, 1983), affirming the decision of Licensing Board Chairperson, Administrative Judge Helen F. Hoyt, denying Mccc. AC'c motion for her recusal on the grounds of alleged bias against Mass. AG and other intervenors.
In ALAB-749, the Appeal Board found as a fact that "no basis for disqualification has been established under the 8401030150 831227 PDR ADOCK 05000443 G
PDR g C,1,
l general rule announced by the Commission in its South _ Texas opinion".
ALAB-749, Slip Op. at 7-8.
This same factual finding has been made by a unanimous Appeal Board since the issuance of ALAB-749 in disposing of another essentially identical-in-basis recusal motion filed by another intervenor in this case.
Eublic Service Company of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-751, 18 NRC Slip Op. at 3 (Dec.
6, 1983).
In addition, the Appeal Board, held that Mass. AG did not adequately justify his late filing of his =ction.
ALAB-749, Slip Op at 4-7.
The Claims on Appeal Stripped to its essentials, the Petition makes three assertions of error with respect to ALAB-749.
First, it is argued that the Appeal Board erred in its findings of fact.
Petition at 3.
Second, the Appeal Board is said to have erred in not analyzing in print each of the specific incidents relied upon by Mass. AG in alleging bias.
Petition at 4-5.
Third, it is stated that the rule adopted by this Commission in CLI-82-9, supra, is erroneous.
Petition at 5-6.
Peti tion at 10.
The Petition Should be Denied Nonc of the chevs-dcccribed assertions makes a case for Commission review.
The first is an assertion of an error of fact as to an issue where the Appeal Board reached the same result as Judge Hoyt.
Thus, review should be denied under 1
( _ _ _ _ - _ _ _ _ _
the provisions of 10 CFR $ 2.786(b)(4)(ii).
The second is an argument that the Appeal Board should be given more basis than it did for its findings.
The basis was clear; the Appeal Board accepted as true all the allegations and held them not to rise to a showing of pervasive bias because sir; amounted to assertions of legal error and one amounted to intemperate remarks directed, not at parties, but to their counsel or representatives.
The Appeal Board correctly ruled that this is not evidence of bias, pervasive or otherwise.
The third is a request for a review of a question of law and policy which is not novel and to which the Commission has spoken very recently.
CLI-82-9, supra.
CONCLUSION The petition should be denied.
Respectfully submitted, frDa Thomas G.
Dignan, Jr.
R.
K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Dated:
December 27, 1983 _- -
CERTIFICATE OF SERVICE I, Thomas G.
- Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on December 27, 1983, I made service of the within document by mailing copies thereof, postage prepaid, to:
Nus io J.
Palladino, Victor Gilinsky, Chairman Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 John F. Ahearne, Thomas M. Roberts, Commissioner Commissioner U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 James, K. Asselstine, Commissioner U.S.
Nuclear Regulatory Commission Washington, D.C.
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, D.C. 20555 Washington, D.C.
20555 Howard A. Wilber, Esquire Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 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 2C555 Dr. Emmeth A.
Lvabke William S.
Jordan, III, Escuire 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 1
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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 Anne Verge, Chairperson Assistant Attorney General Board of Selectmen Department of the Attorney Town Hall General South Hampton, NH 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, Massachusetts 02108 Ms. Roberta C.
Pevear Mr. Patrick J.
McKeon Assistant Attorney General Selectmen's Office the Town of Hampton Falls 10 Central Road Drinkwater Road Rye, NH 03870 Hampton Falls, NH C3844 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Assistant Attorney General City Manager the Town of Kensington City Hall RFD 1 126 Daniel Street East Kingston, hH 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 NewDury, MA U1950 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 RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency - Region I 442 POCH Boston, MA 02109 Gary W. Holmes, Esquire Holmes & Ells 47 Winnacunnet Road Hampton, NH 03841 5
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