ML20137S010

Order Denying 851114 Motion for Clarification of ASLB 851104 Order Ruling Whether Intevenors Had to Show That cross-examination & Rebuttal Testimony Permissible Only If Significant Health & Safety Issues Raised.Served on 851205

ML20137S010
Person / Time
Site:	Seabrook
Issue date:	12/04/1985
From:	Harbour J, Luebke E, Wolfe S Atomic Safety and Licensing Board Panel
To:	PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#485-391 82-471-02-OL, 82-471-2-OL, OL-1, NUDOCS 8512060132
Download: ML20137S010 (2)

Text

s

?D UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION "[,ygtp ATOMIC SAFETY AND LICENSING BOARD

,05 Before Administrative Judges: DEC ~5 A10:n Sheldon J. Wolfe, Chairman crg Enneth A. Luebke 00ckhjl " c,7 Jerry Harbour 33 ENf, SERVED DEC 51985

) Docket Nos. 50-443-OL-1 In the Matter of ) 50-444-OL-1

)

PUBLIC SERVICE COMPANY ) (On-Site Emergency Planning s 0F NEW HAMPSHIRE, et al. ) and Safety Issues)

)

) (ASLBP No. 82-471-02-OL)

(Seabrook Station, Units 1 and 2) )

) December 4, 1985 ORDER (Denying NECNP's Motion For Clarification)

The Board's Order of November 4, 1985, among other things, reopened the record for the limited purpose of supplementation. On November 14, 1985, Intervenor, New England Coalition on Nuclear Pollution, filed a motion requesting that the Board clarify that its Order only ruled that intervenors had to show that cross-examination and rebuttal testimony were relevant to the supplemental evidence and did not rule that such cross-examination and rebuttal testimony were permissible only if raising "significant health and safety issues".

On November 25, the Applicants filed an opposing Response.

NECNP's Motion is de'nied as well as any of its objections to our Order.

r gj2060132851204 0 ADOCK 05000443 PDR T)so L

! l The Intervenor has misread our Order -- it did not state that the supplementary hearing would take evidence on certain identified matters if they pose significant health and safety issues and were not previously ripe for hearing. Rather our Order indicated that the supplementary hearing would take such evidence because these identified matters involved significant health and safety issues and were not previously ripe for hearing. The Order, neither implicitly nor explicitly, presaged procedural or evidentiary rulings, and we are fully aware of the Commission's and the Appeal Board's directions and guidance reflected in the two cases cited by NECNP.

THE ATOMIC SAFETY AND LICENSING BOARD hwimi3 ]o W': ,

Dr. Emmeth A. Luebke 1 A > l ed ADMINISTRATIVE JUDGE 0"f et /

Dif./ Jerry Hjfbour ADMINISTRATIVE JUDGE

$_N U$ d -

Sheldon J. Wp fe,2EhainTian ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 4th day of December, 1985.

Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 & 2), CLI-75-1, 1 NRC 1 (1975); Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-422, 6 NRC 33 (1977).

I