ML20148D048
| ML20148D048 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/19/1988 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5394 OL-1, NUDOCS 8801250313 | |
| Download: ML20148D048 (5) | |
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00CMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 88 JAN 21 40:58 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0Frict g; sicr,r,74gy 00CMEiwi A sti<vg1 BRANCH in the Matter of
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Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
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50-444 OL-01 NEW HAMPSHIRE, et al,
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On-site Emergency Planning
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and Safety issues (Seabrook Station, Units 1 and 2)
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NRC STAFF RESPONSE TO JOINT INTERVENTORS' MOTION TO E.NLARGE RECORD ON APPEAL INTRODUCTION On January 5,1987, the Towr* of Hampton, Seacoast Anit-Pollution League, and the New England Coalition on Nuclear Pollution ("Joint Intervenors") filed a "Motion To Enlarge Record On Appeal On Decision Of Atomic Safety And Licensing Board Not To Walve Regulation Excusing A Financial Qualification Review For Public Service Company Of New Hampshire" in which they request the Appeal Board to include two documents into the record on appeal.
The first document is a Form 8-K submitted on December 16, 1987 by Public Service Company of New Hampshire (PSNH), the lead Applicant, to the Securities and Exchange Commission.
The other document consists of an excerpt of the transcript of a meeting held December 22, 1987 between representatives of the NRC l
and Applicants.
Essentially, these documents indicate that PSNH continues to experience financial difficulties and may have to resort to the protections of the federal Bankruptcy Code.
According to Joint intervenors, these documents, Inter alla, "bear directly on the issue of G
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4 d whether or not a prirrta facie case for a walver of 10 C.F.R. I 50.33(f) and 50.57(a)(4) has been established.
I_d. a t 2.
d The Staff doe.s not oppose Joint Intervenors' request that these documents t'e included in the record of this appeal.
The Staff notes, however, that for the reasons stated in Its brief and by its counsel at oral argument (Tr.
at 61-77),
the documents proffered by Joint intervenors are not, singly or in conjuction with any of the other information presented by Joint Intervenors, sufficient to make out a prima facie case that applicatien of the regulations at issue would not serve their intended purpose.
For this reason, the Staff continues to maintain that Joint Intervenors' appeal should be denied.
CONCLUSION Joint Intervenors' motion to enlarge the record on its appeal should be granted but Joint Intervenors' appeal should be denied.
R. ectfully submitted, f
regory
,an erry Counsel lCr N p
' Staff i
Dated at Bethesda, Maryland this 19th day of January 1988 we
G 00CKETE0 05NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2 JAN 21 A10:58 DEFORE THE ATOMIC SAFETY AND LICENSING BO4RCUE Of sidtim v0snETAU A SfiMCC BRANCH in the Matter of
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Docket Nos. F0-443 OL-01 PUBLIC SERVICE COMPANY OF
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50-444 OL-01 NEW HAMPSHIRE, et al.
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On-site Emergency Planning
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and Safety issues (Seabrook Station, Units 1 and 2
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CER,TIFICATE OF SERVICE I
hereby certify that copies of "NRC STAFF
RESPONSE
TO JOINT INTERVENORS' MOTION TO ENLARGE RECORD ON APPEA L" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or as Indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mall system, this 19th day of January 1988.
Sheldon J. Wolfe, Esq., Chairman
- Atomic Safety and Licensing Administrative Judge Board
- Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Pegulatory Commission Washington, DC 20555 Ylashington, DC 20555 Dr. Jerry Harbour Docketing and Service Section*
Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Emmeth A. Luebke Thomas G. Dignan, Jr., Esq.***
Administrative Judge Robert K. Cad, Ill, Esq.
5500 Friendship Boulevard Ropes S Gray Apartment 1923N 225 Franklin Street Chevy Chase, Maryland 20815 Boston, MA 02110 Atomic Safety and Licensing H. J. Flynn, Esq.
Appeal Panel
- Assistant General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Agency Weshington, DC 20555 500 C Street, SW Washington, DC 20472
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v i
Philip Ahren, Esq.
Calvin A. Canney Assistant Attorney General City Hall Office of the Attorney Cencral 126 Daniel Street i
State House Station Portsmouth, NH 03801 Augusta, ME 04333 Mr. Angle Machiros, Chairman Carol S. Sneider, Esq.
Board of Selectmen Assistant Attorney General 25 High Read Office of the Attorney Ceneral Newbury, MA 09150 l
One Ashburton Place,19th Floor Boston, MA 02108 George Dana Bisbee, Esq.
Allen Lampert Assistant Attorney General Civil Defense Director Office of the Attorrey General Town of Brentwood i
25 Capitol Street 20 Franklin Concord, NH 03301 Exeter, NH 03833 Ellyn R. Weiss, Esq.**
William Armstrong Diane Curran, Esq.
Civil Defense Director Harrten & Weiss Town oF Exeter 2001 S Street, NW 10 Front Street Suite 430 Exeter, NH 03833 Washington, DC 20009 Robert A. Dackus, Esq.
Gary W. Holmes, Esq.
Backus, Meyer & Solomon Holmes & Ellis 116 Lowell Street 47 Winnacunnet Road Manchester, NH 03106 Hampton, NH 03842 Paul McEachern, Esq.
J. P. Nadeau Matthew T. Brock, Esq.
Doard of Selectmen Shatnes s McEachern 10 Central Street 25 Mapitwood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Judith H. Mizner, Esq.
Charles P. Graham, Esq.
Silverglate, Gertner, Baker, McKay, Murphy & Craham Fine & Good 100 Main Street 88 Poard Street Amesbury, MA 01913 Boston, MA 02110 Sandra Gavutis, Chairman Robert Carrigg, Chairman Coard of Selectmen Board of Selectmen RFD #1, Box 1154 Town Office Kensington, NH 03827 Atlantic Avenue North Hampton, NH 03870
Y'llliam S. Lord Peter J. Matthews, Mayor Poerd of Selectmen City Hall Town Hall - Friend Street Newburyport, MN 09150 Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Michael Santosuosso, Chairman Board of Selectmen Board of Selectmen 13-15 Newmarket Road South Hampton, NH 03827 Durham, NH 03024 Hen. Cordon J. Humphroy United States Senate 531 Hart Senate. Office Buildine
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Washington, DC 20510 f) [
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