ML20148K243
| ML20148K243 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/22/1988 |
| From: | Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20148K248 | List: |
| References | |
| CON-#188-5956 OL-1, NUDOCS 8803310053 | |
| Download: ML20148K243 (3) | |
Text
ef93QG 00LKETED March 22, 198 85NFC UNITED STATES NUCLEAR REGULATORY COMMISUDN w WW 28 P4 :25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD O U !CE Gi SEitW i:.'
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00CKEi#NG A 1E9VICL In the Matter of
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BRANCH
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Public Service Company of
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New Hampshire, et al.
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Docket No. 50-44 3 OL-1 fVf-td-/
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(Seabrook Station, Units 1 & 2)
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ONSITE EMERGENCY j
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PLANNING & TECHNICAL i
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ISSUES
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NEW ENGLAND COALITION ON, NUCLEAR, POLLUTION'S MOTION FOR LEAVE TO REPLY TO APPLICANTS' AND THE STAFF'S RESPONSES TO NECNP'S MOTION FOR RECONSIDERATION OF THE BOARD'S DENIAL OF NECNE'S MOTION TO COMPEL. DATED-FEBRUARY 17. 1988 On March 1, 1988, the New England Coalition On Nuclear Pol-lution (NECNP) filed a motion requesting that the Licensing Board reconsider its Order dated February 17, 1988 denying NECNP's motion to compel, and ruling that the issue of "microbiologically induced corrosion" ("MIC") is not within the scope of NECNP Con-tention IV.1 Both Applicants and the NRC Staff filed responses, dated March 14, 1988, and March 11, 1988, respectively, contain-ing unsupport'd assertions that purport to rebut the scientific and expert opinion presented by NECNP.2 NECNP hereby requests leave to reply to the arguments contained in Applicants' and the 1
"Motion for Reconsideration of the Board's Denial of NECNP's Motion to Compel, dated February 17, 1988," dated March 1, 1988.
2 "Applicant's Response to NECNP's Motion for Reconsideration of the Board's Order Denying NECNP's Motion to Compel," dated March 14, 1988; "NRC Staff Reponse to NECNP Motion for Reconsideration l
of the Board's Denial of NECNP's Motion to Compel," dated March 11, 1988.
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-2 leave to reply to the arguments contained in Applicants' and the Staff's response.
Where safety is at issue, special care must be exercised to allow all parties a full opportunity to be heard.
Cincinnati Gas and Electric Co. (William H.
Zimmer Nuclear Station), LBP-80-24, 12 NRC 231, 232 n.1 (1980) (ASLB considered untimely filed response because reluctant to take position which might preclude litigation of safety or environmental issues without giving every party an opportunity to be heard).
Here, if NECNP's Request for Reconsideration is denied, NECNP will be foreclosed from litigat-ing an important aspect of NECNP Contention IV, re l&* ir.7 to the effects of MIC for the safety of operation of the Seabrook plant.
Accordingly, it is critical that NECNP be granted every opportunity to make its case as to why the arguments made by Applicants and the Staff are without merit.
Respectfully submitted,
- L y
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Andrea Ferster HARMON & WEISS 2001 "S"
Street N.W.
Suite 430 Washington, D.C.
20009 (202) 328-3500 CERTIFICATE OF SERVICE I certify that on March 22, 1988, copies of the foregoing pleading were served by first-class mail on all parties listed on i
the attached service list.
Ja
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/
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Andrea Ferster l
l i
1
DOMEIEC' U'>N;C SEABROOK SERVICE LIST - ONSITE LICENSING BOARD
'Sheldon J. Wolfe, Chairman 155 Washington Road Office of General Counsel
'88 mR 28 P4 :25 U.S. NRC.
Rye, New Hampshire 03870 U.S. NRC Washington, D.C. 20555 Washington, D.C. 20555 Richard E. Sullivan, Siayor
'ggy '(ty['
- Dr. Jerry Harbour City Hall hir. Angie hiachiros, BRANCH U.S. NRC Newburypart, hfA 01950 Chairman
" By Overnight hiail Washington, D.C. 20555 Town of Newbury Alfred V. Sargent, Chairman Town Hall,25 High Road
'Dr. Emmeth A. Luebke Board of Selectmen Newbury, hfA 01951 5500 Friendship Blvd.
Town of Salisbury, SfA 01950 Apartment 1923N George Dana Bisbee, Esq.
Chevy Chase, AfD 20815 Senator Gordon J. Humphrey Geoffrey Af. Huntington, Esq.
U.S. Senate Office of the Attorney General Atomic Safety and Licensing Washington, D.C. 20510 State House Annex Board Panel (Attn. Tom Burack)
Concord, NH 03301 U.S. NRC Washington, D.C. 20555 Selectmen of Northampton Allen Lampert Northampton, New Hamp-Cisil Defense Director Atomic Safety and Licensing shire 03826 Town of Brentowood Appeal Board Panet Exeter, NH 03833 U.S. N RC Senator Gordon J. Humphrey Washington, D.C. 20555 1 Eagle Square, Ste 507 Richard A. Hampe, Esq.
Concord, NH 03301 Hampe and 51cNicholas Docketing and Sersice 35 Pleasant Street U.S. NRC hiichael Santosuosso, Concord, NH 03301 Washington, D.C. 20555 Chairman Board of Selectmen Gary W. Holmes, Esq.
hirs. Anne E. Goodman Jewell Street, RFD # 2 Holmes & Ellis Board of Selectmen South Hampton, NH 03842 47 Winnacunnent Road 13-15 New hfarket Road Hampton, NH 03842 Durham, NH 03842 Judith H. 51izner, Esq.
Silverglate, Gertner, et al.
William Armstrong William S. Lord, Selectman 88 Broad Street Civil Defense Director Town Hall - Friend Street Boston, NfA 02110 10 Front Street Amesbury, SfA 01913 Exeter, NH 03833 Rep. Roberta C. Pevear Jane Doughty Drinkwater Road Cahin A. Canney SAPL isampton. Falls, NH 0384*
City 51anager 5 Nfarket Street City Hall Portsmouth, NH 03S01 Phillip Ahrens, Esq.
126 Daniel Street Assistant Attorney General Portsmouth, NH 03S01 Carol S. Sneider, Esquire State House, Station # 6 Assistant Attorney General Augusta, SIE 04333 Statthew T. Brock. Esq.
t Ashburton Place,19th Floor Shaines & hicEachern Boston, htA 02108 "Thomas G. Dignan, Esq.
P.O. Box 360 R.K. Gad II, Esq.
h1aplewood Ave.
Stanley W. Knowles Ropes & Gray Portsmouth, NH 03301 Board of Selectmen 225 Franklin Street P.O. Box 710 Boston, hfA 02110 Sandra Gavutis North Hampron, NH 03826 RFD 1 Box 1154 Robert A. Backus, Esq.
East Kensington, NH 03327 J.P.Nadeau Backus, hieyer & Solomon Town of Rye til Lowell Street Charles P. Graham. Esq.
Nianchester, NH 03105 NicKay, Sturphy and Graham 100 51ain Street
' Gregory A. Berry, Esq.
Amesbury, SfA 01913
.