ML20151A633
| ML20151A633 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/14/1988 |
| From: | Bates A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | MASSACHUSETTS, COMMONWEALTH OF |
| References | |
| CON-#388-6723 ALAB-895, OL-1, NUDOCS 8807200068 | |
| Download: ML20151A633 (2) | |
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UNITED STATES OF AMERICA ca r:r:.
NUCLEAR REGULATORY COMMISSION LWC 88 at 14 P3 $2 COMMISSIONERS:
Lando W. Zech, Jr., Chaiman SI[hh!N..
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Thomas M. Roberts Kenneth M. Carr N-V D J U L I 4 1988 Kenneth C. Rogers h, the Matter of PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, ET AL.
Docket Nos. 50-443-OL-1 50-444-0L-1 (Seabrook Station, Units 1 (Onsite Emergency Planning and2) and Safety Issues)
ORDER Pursuant to 10 C.F.R. 5 2.758(d), in ALAB-895 the Appeal Board certified to the Comission on July 5,1988 the Attorney General of Massachusetts' petition for a waiver of those portiens of the Comission's rules pertaining to establishment of financial qualifications that exempt electric utilities from the requirement of a financial qualifications review and findings at the operating license stage. He 10 C.F.R. 96 S0.2, 50.33(f), 50.40(b), S0.57(a)(4). To certify the waiver petition to the Comissien for decision, the Appeal Board had to and did find that the Attorney General of Massachusetts had made a prima facie showing that his petition for a waivre should be granted. The petition is now before the Comission for decision since only the Comission itself can decide to waive the Comission's rules.
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10 C.F.R. 5 2.758 permits the Comission to make its decision based on the record as it stands or to initiate such additional procedures as it finds n(cessary.
In this case, the Appeal Board has noted that neither the Applicar,ts nor the sterf, who both opposed the petition, provided affidavits to counter the factual assertions of Massachusett L
that the Appeal Board then detailed in its discussion of the prima facie c
showing. That being so, the Comission will initiate its decision process by offering an opportunity now to those parties to provide that response. The response may also address other matters that the Applicants or the staff may wish the Comission to consider in reviewing the Appeal Boaro's finding on the Attorney General's petition and deciding whether a waiver is appropriate in light of that petition. Any such response shall be filed and served by express mail by July 22, 1988.
A reply by the Attorney General of Massachusetts, and any other party that wishes to, is authorized and shall be filed and served by express mail by August 2, 1988.
This order is issued under the authority of 10 C.F.R. 6 2.772.
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For the Comission
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ANDREW L. BATES
,, 2, -...#p Acting Secretary of the Comission
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Dated at Rockville, Maryland this /'/
of July, 1988
- 0n July 6,1988 the Applicants filed by express mail a "Request for a Schedule with Respect to certification contained in ALAB-895."
Insofar as the Applicants' proposal coincides with this order the request is granted; insofar as it diverges, it is denied.
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