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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19260C7171979-12-17017 December 1979
Requests Withdrawal of CP Application Due to Board of Directors 791217 Vote to Cancel Units
ML19257B6301979-12-14014 December 1979
Notice of Withdrawal of Appearance by AB Kenyon & RB Gates Entry as Counsel in Proceeding.Certificate of Svc Encl
ML19207B5671979-07-13013 July 1979
Request Submitted by Intervenor Concerned Citizens of Ri That NRC Issue Order to Show Cause Why CP Application Should Not Be Dismissed.Application Is Unacceptable & Does Not Meet Docketing Criteria.Certificate of Svc Encl
ML19207B5581979-07-13013 July 1979
Motion by Intervenor Concerned Citizens of Ri in Opposition to Util Motion to Continue Proceedings.Requests NRC Reconsider Application.Notice of Appearance of Ws Jordan on Behalf of Concerned Citizens of Ri Encl
ML19225A5531979-07-13013 July 1979
Request on Behalf of Concerned Citizens of Ri,Point Judith Fishermen'S Cooperative & Tl Arnold Trust for Show Cause Order Re Dismissal of CPs
ML19225B3621979-06-29029 June 1979
Util Response to GSA 790620 Decision Re Disposition of Site. Requests That ASLB Review Decision & Continue Proceedings Generally.Certificate of Svc Encl
ML19261C2041979-02-16016 February 1979
Notice of Substitution of Jr Payne for Vj Naccarato as Counsel on Behalf of Westerly,Ri,Effective 781204. Certificate of Svc Encl
ML19282B1831978-12-27027 December 1978
Notice of Withdrawal of Bn Capalbo & New Entry of Fj Williams as Counsel for Intervenor Town of Hopkinton, as of 781204.Certificate of Svc Encl
ML19270E8531978-12-0505 December 1978
Notice of Withdrawal of Appearance & New Entry.Santaniello Removes Himself as Counsel for Town of West Greenwich & Requests Mail & Svc Be Forwarded to El Alves.Certificate Svc Encl
ML20148M4311978-11-14014 November 1978
Denies Motion of St of Ri Seeking Order Directing Applicant Ne Pwr Co to Provide Further Info.Denial Based on Fact That NRC Staff & Not ASLB Determines Whether Environ Rept Contains Sufficient Data to Enable Staff to Issue Des
ML20148H9031978-11-0101 November 1978
Answer of NRC Staff in Opposition to Motion of St of Ri for Entry of an Order Requiring Further Info Re Subj Facils from Nenp.Asserts That Motion Is Really Request for Discovery & Thus Forbidden by 780221 ASLB Order.Cert of Svc Encl
ML20148K5021978-10-24024 October 1978
Response to Ri'S Motion to Compel Nep to Suppl Its Environ Rept.Urges Motion Be Denied.Cert of Svc Encl
ML20150B6891978-10-24024 October 1978
Applicant Nenp'S Answer & Objection to Motion of St of Ri for Entry of an Order Requiring Further Info.Asserts ASLB Has No Authority to Direct That Info Sought Be Included in Environ Rept.Requests Protective Order.Cert of Svc Encl
ML20148S4351978-10-18018 October 1978
Motion by State of Ri for Entry of an Order Requiring Further Information to Be Produced for Environ Rept of Subj Facil.Proposed Site Is One of Few Coastal Salt Ponds in Ri & May Be Adversely Affected
ML20150B6201978-10-13013 October 1978
Motion by State of Ri for Order Requiring Applicant to Produce Data in Addition to Data Provided in Environ Rept
1979-07-13
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Category:ORDERS
MONTHYEARML20148M4311978-11-14014 November 1978
Denies Motion of St of Ri Seeking Order Directing Applicant Ne Pwr Co to Provide Further Info.Denial Based on Fact That NRC Staff & Not ASLB Determines Whether Environ Rept Contains Sufficient Data to Enable Staff to Issue Des
1978-11-14
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Text
e b l
NRC PUPLIC DOCUMENT E00M 3 I/@p
- N&j 1 UNITED STATES OF AMERICA h, m, NUCLEAR REGULATORY COMMISSION k.,;4 % g8/
4e 8 g s
In the Matter of ) _
8
)
NEW ENGLAND POWER COMPANY, ET AL. ) 2.scket Mcs.: STN 50-568
) STN 50-569
(_NEP-1 and NEP-2) )
ORDER DENYING MOTION OF STATE OF RHODE ISLAND FOR ORDER REQUIRING FURTHER INFORMATION (November 14, 1978)
By a motion dated October 13, 1978, the State of Rhode Island and Providence Plantations (State) sought an order directing the Applicant New England Power Company "to produce for Staff and intervenors further data and information than is provided in the Environmental Report." Obj ections and answers to the motion were filed by the Applicant, the Staff and Intervenor LAMP, et al.b/
As the objecting parties point out, this motion in effect is a request for rather extensive discovery. By our Order of February 21,1978 (7 NRC 271, 294) , we provided that the dates of the discovery period would be fixed by the Board after an 1/The State failed to serve copies of its motion on the members of the Licensing Board, contrary to our regulations, and we were unaware of its existence until copies of responses filed by the objecting parties were received. In addition, counsel who signed the motion has not entered an appearance for the State or otherwise been designated to represent the State, contrary to our Order regarding intervention entered May 25, 1978.
7811220 M
i evidentiary hearing to consider the Douglas Point criteria.
No dates for discovery have been fixed, and such requests will not be granted.
l There is an even more fundamental vice in this motion.
As we pointed out in our Order of February 21, 1978, the Staff is independently responsible for the preparation of environ-mental statements (DES and FES) required by the National Environmental Policy Act (NEPA), and " licensing boards have no role or authority in their preparation" (7 NRC 271, 279) .
However, the Final Environmental Statement prepared by the Staff is subj ect to review and amendment by the Board in an adjudicatory setting. Accordingly, it is for the Staff and not this Board to determine whether the Environmental Report contains sufficient data or information to enable the Staff to issue a DES, including an analysis of alternative sites.2/
The motion of the State of Rhode Island for entry of an order requiring further information is denied.
IT IS SO ORDERED.
- FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated at Bethesda, Maryland Marshall E. Miller, Chairman this 14th day of November 1978.
2(Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), CLI-77-8, 5 NRC 503, 525 (1977); Boston Edison Co. (Pilgrim Nuclear Generating Station, Unit 2, ALAB-479, 7 NRC 774, 792 (1978) .
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