ML20084A200

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Advises That in Light of Court of Appeals 840416 Mandate 82-1581 Reinstating Rule Re Financial Qualifications to Operate,Commission Policy Statement No Longer Precludes Consideration of Contention.Related Correspondence
ML20084A200
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 04/19/1984
From: Curran D
HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To: Harbour J, Hoyt H, Luebke E
Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8404240444
Download: ML20084A200 (2)


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Dr. Emmeth A. Luebke Dr. Jerry Harbour Administrative Judges OL Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

NECNP Contention on Applicants' Financial Qualifications to Operate the Seabrook Plant

Dear Administrative Judges:

On February 29, 1984, NECNP filed a contention challenging Applicants' financial qualifications to operate the Seabrook nuclear power plant. The challenge was based on the NRC's regulatory requirement that operating license applicants demonstrate their financial qualifications to operate the plant. That requirement, which the NRC had lif ted by a 1982 amendment, was reinstated by the Court of Appeals for the District of Columbia Circuit in NECNP v. NRC, No. 82-1581 (February 7, 1984).-

Shortly after NECNP filed its contention, the Commission issued a policy statement announcing'that it considered the invalidated rule to be in effect until the Court's mandate issued. 49 Fed. Reg. 7981 (March 5, 1984). Applicants and the NRC Staff have opposed the admission of NECNP's contention on the ground that the policy statement precludes its consideration by the Board.

The Commission also attempted unsucessfully to obtain from the Court a stay of the mandate until it had promulgated a new financial qualifications rule.

NECNP has been informed that the Court of Appeals issued the mandate in No. 82-1581 on April 16, 1984. The decision invalidating the new rule and reinstating the former rule is 840424 '

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o HARMON, WEISS & JORDAN Administrative Judges Page Two April 19, 1984 therefore in full effect, and the Commission's policy statement no longer precludes consideration of NECNP's contention by the Licensing Board.

S incer ely, IS% o _

- Diane Curran DC/cpk cc: Seabrook Service List k

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