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Category:BRIEFS
MONTHYEARML20082H6771991-08-12012 August 1991
Brief of Licensee Re Appeal from Decision of ASLB LBP-91-24 of 910530 Concerning Seabrook Proceeding.* W/Certificate of Svc
ML20082G8381991-08-0606 August 1991
Brief of Licensee on Appeal from Decision of ASLB LBP-91-28 (910618).* Appeal Should Be Dismissed for Failure to File Brief as Required by Rules of Practice.W/Certificate of Svc
ML20082D9281991-07-23023 July 1991
Brief Supporting Intervenor Notice of Appeal of LBP-91-28.* Seacoast Anti-Pollution League Appeals Decision of Commission Rendered 910618 Denying Standing to Intervene in Transfer of Ownership Interest in Facility
ML20082D4501991-07-11011 July 1991
Brief of Intervenors on Their Appeal of LBP-91-24.* Commission Should Reverse Findings of Licensing Board in LBP-91-24 & Remand Beach Sheltering Issue Per Directives of ALAB-939.W/Certificate of Svc
ML20070U4731991-01-24024 January 1991
Brief of City of Holyoke Gas & Electric Dept Opposing Exceptions
ML20070U4441991-01-0909 January 1991
Brief of City of Holyoke Gas & Electric Dept Opposing Exceptions
ML20055G7211990-07-13013 July 1990
NRC Staff Response to Aslab 900622 Memorandum & Order.* Advises of Sufficient Personnel at Facility to Properly Care for Children,Regardless of Availability of EPZ Teachers at School Host Facility
ML20043H1621990-06-15015 June 1990
Brief of Seacoast Anti-Pollution League on Appeal of LBP-90-12.* Seacoast Anti-Pollution League Should Not Be Forced to Face Hopson Choice or Participate in Meaningless Proceeding & Have Remanded Issues Dismissed.W/Svc List
ML20012D6801990-03-20020 March 1990
on Appeal from Decision of Board LBP-90-01 (900108).* Decision Should Be Affirmed on Basis That Board Did Not Err in Rulings on Commonwealth of Ma Motions or Holding That Motions Deemed Untimely.W/Related Info & Certificate of Svc
ML20011F0741990-02-22022 February 1990
on Appeal from Decision of Board LBP-89-38 (891211).* Board Decision Should Be Affirmed Due to Contentions Not Passing late-filed Criteria & Argument from Regulatory Interpretation & History Flawed.W/Certificate of Svc
ML20006F4731990-02-16016 February 1990
Intervenors Brief in Support of Appeal of LPB-90-01.* Decision Should Be Reversed & Emergency Broadcast Sys Contention & Addl Basis Admitted.W/Supporting Info & Certificate of Svc
ML20006B2441990-01-24024 January 1990
Seacoast Anti-Pollution League Brief on Appeal of Partial Initial Decision on Spmc & 1988 FEMA-graded Exercise (LBP-89-32).* Board Erred in Various Rulings & Decision.W/ Supporting Documentation & Svc List
ML20006B1671990-01-24024 January 1990
Brief of appellants-intervenors Towns of Salisbury & Amesbury on Appeal of Partial Initial Decision on Spmc LBP-89-32.* Matter Should Be Remanded to Board & Further Hearings Held.W/Statement of Issues & Certificate of Svc
ML20006B1701990-01-24024 January 1990
Town of West Newbury Brief on Appeal of Partial Initial Decision on Spmc LBP-89-32.* Decision Should Be Reversed Due to Board Error in Not Admitting Certain Contentions.W/ Statement of Issues & Certificate of Svc
ML20006B1751990-01-24024 January 1990
City of Newburyport Brief on Appeal of Partial Initial Decision of Spmc LBP-89-32.* ASLB Decision Should Be Reversed Due to Board Error in Finding Evacuation Plan Adequate.W/Statement of Issues & Certificate of Svc
ML20006B2161990-01-24024 January 1990
Brief of Commonwealth of Ma Atty General in Support of Appeal of LBP-89-32.* LBP-89-08,LBP-89-17 & LBP-89-32 Should Be Reversed & 891109 License Authorization Revoked & Vacated.W/Statement of Issues & Certificate of Svc
ML20006B1791990-01-24024 January 1990
Town of Hampton & Necnp Brief on Appeal of LBP-89-32.* Requests ASLB to Vacate LBP-89-32 & to Order Applicant to Conduct Remedial Exercise to Address Deficiencies in Toh/Necnp EX-1.W/statement of Issues & Certificate of Svc
ML20006B1881990-01-24024 January 1990
Town of Newbury Brief on Appeal of Partial Initial Decision of Spmc LBP-89-32.* Decision Should Be Reversed Due to ASLB Error in Rejecting Contentions.W/Statement of Issues & Certificate of Svc
ML20006A2291990-01-22022 January 1990
Brief of Intervenors in Support of Appeal of LBP-89-38.* Aslab Should Dispense W/Oral Argument & Reverse ASLB 891109 Denial of Intervenor Right to Hearing on Sept Onsite Exercise Contentions.Related Info & Certificate of Svc Encl
ML20006B1931990-01-19019 January 1990
on Appeal from Decision of ASLB LBP-89-28 (891012).* Decision Should Be Affirmed on Basis That Successful Completion of Low Power Testing Not Prerequisite to Issuance of Full Power License.W/Certificate of Svc
ML19351A7371989-12-19019 December 1989
Intervenors Brief on Appeal of LBP-89-28.* Ruling Considered Irrational & Should Be Reversed on Basis That Board Arbitrarily Ignored Substantive Evidence of Programmatic Failure & Personnel Mismanagement.W/Certificate of Svc
ML19351A7031989-12-0808 December 1989
Applicant Response to Intervenors Immediate Effectiveness Review Comments,Stay Requests & Suppl to Intervenors Motion to Vacate Portions of LBP-89-32 Authorizing Issuance of Seabrook Ol.* Requests for Stays Should Be Denied
ML20247A5341989-09-0707 September 1989
NRC Staff Opposition to Waiver of Financial Qualifications Regulation Applicable to Full Power Operation of Seabrook.* Urges That ALAB-920,by Which Appeal Board Reversed Licensing Board Determination in LBP-89-10,be Reversed
ML20248B6641989-06-0505 June 1989
NRC Staff Brief in Response to Intervenors Appeals from ASLB Partial Initial Decision on State of Nh Radiological Emergency Response Plan (LBP-88-32).* Board Decision Should Be Reaffirmed.W/Certificate of Svc
ML20247K8331989-05-30030 May 1989
NRC Staff Brief in Support of LBP-89-10.* LBP-89-10 Should Be Affirmed on Basis That Commonwealth of Ma Failed to Carry Burden of Making Prima Facie Case.W/Certificate of Svc
ML20247F4311989-05-19019 May 1989
on Appeal from Decision of Board (LBP-89-19),dtd 890308.* Decision Should Be Affirmed on Basis That Uncertainty of Future Ownership of Applicant Share Does Nothing to Establish Necessary Prima Facie Case.W/Certificate of Svc
ML20245J2081989-04-24024 April 1989
on Appeal from Partial Initial Decision of Board Issues 881230 (LBP-88-32).* Decision Should Be Affirmed.Supporting Documentation & Certificate of Svc Encl
ML20244D6481989-04-18018 April 1989
Applicant Final Trial Brief.* on Basis of Stated Evidence, Applicant Will Ask Board to Issue Initial Decision & Order Authorizing Issuance of Full Power OL for Plant.Certificate of Svc Encl
ML20244C1141989-04-13013 April 1989
Brief on Behalf of Seacoast Anti-Pollution League on Appeal to Board Memorandum & Order Denying Financial Qualification Review for Seabrook Joint Owners.* Matter Urged to Be Dealt W/In Responsible & Rationale Manner.Svc List Encl
ML20247A8541989-03-24024 March 1989
New England Coalition on Nuclear Pollution Brief in Support of Intervenors Appeal of LBP-88-32.* Partial Initial Decision Should Be Reversed & Remanded to Licensing Board for Further Hearings.Svc List Encl
ML20247A8291989-03-24024 March 1989
Commonwealth of Ma Atty General Brief on Appeal of Partial Initial Decision on State of Nh Radiological Emergency Response Plan LBP-88-32.* Decision Should Be Reversed. Exhibits & Certificate of Svc Encl
ML20247A5591989-03-21021 March 1989
Seacoast Anti-Pollution League Brief on Appeal of Partial Initial Decision on State of Nh Radiological Emergency Response Plan LBP-88-32.* Svc List & Supporting Documentation Encl
ML20236D7681989-03-17017 March 1989
NRC Staff Response in Opposition to ED Weinhold Appeal of LBP-89-03.* Appeal Board Should Deny ED Weinhold Appeal & Affirm LBP-89-03.Certificate of Svc Encl
ML20236D4611989-03-15015 March 1989
NRC Staff Response in Opposition to Joint Intervenors Appeal of LBP-89-04.* Appeal Should Be Denied & LBP-89-04 Affirmed on Basis That Required to Meet Stds of 10CFR2.714 Before Admittance.W/Certificate of Svc
ML20236C3561989-03-10010 March 1989
on Appeal from Decision of ASLB LBP-89-04 Issued on 890130: Brief of Applicant.* Decision of ASLB Should Be Affirmed. Certificate of Svc Encl
ML20236C3381989-03-0909 March 1989
Applicant Response to Commonwealth of Ma Atty General Motion for Directed Certification of LBP-89-8.* Motion for Directed Certification Should Be Denied.Certificate of Svc Encl
ML20236A4331989-03-0707 March 1989
Applicant Response to Notice of Appeal from Decision of ASLB in Memorandum & Order & Restated & Served on 890216 & Further Restated & Served on 890222 as Provided by 10CFR2.714(a).* Certificate of Svc Encl
ML20235V3511989-02-28028 February 1989
Applicant Trial Brief as to First Filing Phase of Litigation as to Seabrook Plan for Commonwealth of Ma Communities & Exercise Contentions.* Certificate of Svc Encl
ML20235N3381989-02-24024 February 1989
Brief of Seacoast Anti-Pollution League in Support of Reversal of LBP-88-32 in Light of ALAB-905.* Certificate of Svc Encl
ML20205R4851988-11-0202 November 1988
NRC Staff Response to New England Coalition on Nuclear Pollution Brief in Support of Appeal of Memorandum & Order .* Appeal Should Be Denied & 880808 Order Should Be Affirmed.Certificate of Svc Encl
ML20154P7241988-09-26026 September 1988
NRC Staff Response to Joint Intervenors Application for Stay of Order Authorizing Issuance of Low Power License.* Request Should Be Dismissed or Referred to Aslab.Stay of Low Power Operations Unwarranted.W/Certificate of Svc
ML20207E3601988-08-12012 August 1988
NRC Staff Response to New England Coalition on Nuclear Pollution (Necnp) Brief in Support of Appeal of Board Dismissal of Necnp Contention Iv.* Requests That Necnp Appeal Be Dismissed.Certificate of Svc Encl
ML20150D4491988-07-0101 July 1988
New England Coalition on Nuclear Pollution (Necnp) Brief in Support of Appeal of Board Dismissal of Necnp Contention Iv.* Board 880217,0318 & 0401 Decisions Should Be Reversed. W/Certificate of Svc
ML20154H7851988-05-17017 May 1988
NRC Staff Response to New England Coalition on Nuclear Pollution Brief in Support of Appeal of Memorandum & Order Renewing Authorization to Operate at Low Power.* Aslab Should Deny Appeal & Affirm Order.W/Certificate of Svc
ML20148S9601988-04-0909 April 1988
Applicant Response in Opposition to Commonwealth of Ma Atty General Petition Under 10CFR2.758 for Waiver of or Exemption from Public Util Exemption from Requirement of Demonstration of Financial Qualification.* W/Certificate of Svc
ML20151P1201988-04-0707 April 1988
New England Coalition on Nuclear Pollution Brief in Su of Appeal of Memorandum & Order Renewing Authorization to Operate at Low Power.* Brief Consisting of Tables Inadvertently Omitted.Certificate of Svc Encl
ML20151P0501988-04-0707 April 1988
New England Coalition on Nuclear Pollution Brief in Support of Appeal of Memorandum & Order Renewing Authorization to Operate at Low Power.* Errata to Brief,Consisting of Table of Contents & Table of Authorities
ML20148U5251988-01-25025 January 1988
Applicant Answer to Contention of Atty General Jm Shannon on Notification Sys for Commonwealth of Ma & Motion to Admit late-filed Contention & Reopen Record.Certificate of Svc Encl
ML20235K9681987-09-25025 September 1987
Intervenor Correction of Errata & Substitution of Corrected Page 14 to Intervenors Brief in Support of Appeal of Memorandum & Order Denying Petition to Waive Regulations 50.33(f) & 50.57(a)(4)......* Certificate of Svc Encl
ML20235F2451987-09-24024 September 1987
Intervenors Brief in Support of Appeal of Memorandum & Order Denying Petition to Waive Regulations 50.33(f) & 50.57(a)(4) to Extent Necessary to Require Applicants to Demonstrate Financial Qualification....* Certificate of Svc Encl
1991-08-06
[Table view]
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999
Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021
ML20217N2561999-10-21021 October 1999
Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3
ML20211L5141999-09-0202 September 1999
Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down
ML20211J1451999-08-24024 August 1999
Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems
ML20210S5641999-08-13013 August 1999
Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc
ML20210Q7531999-08-11011 August 1999
Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent
ML20210P6271999-08-10010 August 1999
Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing
ML20210H8311999-08-0303 August 1999
Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc
ML20210J8501999-08-0303 August 1999
Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1
ML20211J1551999-07-30030 July 1999
Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems
ML20210E3011999-07-27027 July 1999
Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application
ML20209H9101999-07-20020 July 1999
Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance
ML20195H1911999-06-15015 June 1999
Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer
ML20206A1611999-04-26026 April 1999
Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426
ML20205M7621999-04-15015 April 1999
Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc
CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999
Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407
ML20205G0921999-04-0505 April 1999
Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc
ML20205G3091999-03-31031 March 1999
Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs
ML20204E6401999-03-24024 March 1999
Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324
ML20204G7671999-03-23023 March 1999
Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs
ML20207K1941999-03-12012 March 1999
North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc
ML20207H4921999-02-12012 February 1999
Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI
ML20203F9471999-02-0909 February 1999
License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86
ML20199F7641999-01-21021 January 1999
Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc
ML20199H0451999-01-21021 January 1999
Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc
ML20199D2461999-01-19019 January 1999
Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc
ML20199D2311999-01-19019 January 1999
Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329
ML20206R1041999-01-13013 January 1999
Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc
ML20206Q8451999-01-12012 January 1999
Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114
ML20199A4741999-01-12012 January 1999
Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc
ML20206Q0151999-01-12012 January 1999
North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc
ML20199A4331999-01-11011 January 1999
Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc
ML20198P7181998-12-31031 December 1998
Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing
ML20198P7551998-12-30030 December 1998
Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc
ML20195K4061998-11-24024 November 1998
Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124
ML20155J1071998-11-0909 November 1998
NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc
ML20155D0041998-10-30030 October 1998
Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position
ML20155D0121998-10-30030 October 1998
Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc
ML20155B1641998-10-26026 October 1998
Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc
ML20154K8751998-10-15015 October 1998
Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc
ML17265A8071998-10-0606 October 1998
Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry
ML20154C8171998-10-0606 October 1998
Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006
CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998
Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006
ML20153H4471998-10-0101 October 1998
Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc
ML20154F9891998-09-29029 September 1998
License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp
ML20154D7381998-09-21021 September 1998
Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790
ML20153C7791998-09-18018 September 1998
Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments
ML20151Z5611998-09-18018 September 1998
Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918
ML20151Y0331998-09-17017 September 1998
Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917
ML20153E8771998-09-16016 September 1998
Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed
1999-09-02
[Table view] |
Text
i UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
)
In the Matter of )
)
Public Service Company of )
New Hampshire, et al. ) Docket Nos. 50-443 OL-1
) 50-444 OL-1 (Seabrook Station, Units 1 & 2) ) ONSITE EMERGENCY
) PLANNING & TECHNICAL
) ISSUES NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S BRIEF IN SUPPORT OF APPEAL OF MEMORANDUM AND ORDER RENEWING AUTHORIZATION TO OPERATE AT_ LOW POWER Diane Curran Andrea Ferster HARMON & WEISS 2001 S Street, N.W., Suite 430 Washington, D.C. 20009 (202) 528-3500 April 7, 1988 8804260076 800415 PDR ADOCK 05000443 O PDR
' ' ~ ~"
l i
l TABLE OF CONTENTS Table of Authorities.......................................... 11 Introduction................................................... 1 I. BACKGROUND................................................. 1 ARGUMENT....................................................... 4 II. THE ATOMIC ENERGY ACT PROHIBITS AUTHORIZATION OF LOW POWER OPERATION PRIOR TO COMPLETION OF PUBLIC HEARINGS ON ALL ISSUES MATERIAL TO FULL POWER LICENSING............ 4 A. The legislative history of the expired Temporary Operating License Authorization demonstrates that Congress did not authorize. issuance of low power licenses until completion of all' hearings relevant to licensing.......................................... 6 B. "Sholly Amendment" legislative history............... 12 III. THERE IS NO AUTHORITY IN THE COMMISSION'S REGULATIONS FOR ISSUANCE OF A LOW POWER LICENSE PRIOR TO FINDINGS ON ALL ISSUES RELEVANT TO FULL POWER OPERATION. . . . . . . . . . . . . . 14 IV. APPLICANTS MUST SATISFY COMMISSION REGULATIONS WITH i
RESPECT TO REMANDED CONTENTIONS, OR SATISFY THE STANDARD FOR AN EXEMPTION, PRIOR TO RENEWAL OF LOW FOWER AUTHORIZATION............................................ 23 l V. C ON C LU S I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 w
- . . ~
)
TABLE OF AUTHORITIES Cases Calvert Cliffs Coordinatina Committee v. United States Atomic Enarav Commission, 449 F.2d 1109 (D.C. Cir. 19 71 ) . . . . . . . . . . . . . . 9 Izaak Walton Leaaue of America v. Schlesinaer, 337 F.2d 287 (D.C.D.C. 1971).............................. 9 San Luis Obisoo Mothers For Peace v. NRC, 751 F.2d 1287 (D.C. Cir. 1984)........................... 18 Sholly v. U.S. Nuclear Reculatory Commission, 651 F.2d 780 (D.C. Cir. 1980), vacated on other arounds, 103 S.Ct. 1170 (1983)................... 6 Union of Concerned Scientists v. U.S. Nuclear Reaulatory Commission, 735 F.2d 1437 (D.C. Cir. 1984).............. 5,6 Administrative Decisions Carolina Power & Licht Company, et al. (Shearon Harris Nuclear Power Plant), LBP-85-5, 21 NRC 410 (1985),
aff'd, ALAB-837, 23 NRC 525 (1986)....................... 23 .
Carolina Power & Licht Comoany, et_alz (Shearon Harris Nuclear Power Plant), DD-87-6, 25 NRC 3F7 (1987) ..................... 19 Commonwealth Edison Co (Braidwood Nuclear Power Station, Units 1 and 2), LBP-86-31, 24 NRC 451 (1986)............. 18 Diablo Canyon, DD-84-20, 20 NRC 776 (1984)................... 19 Lona Island Lichtina Co. (Shoreham Nuclear Power Station, Unit 20,24 1), CLI-84-8, 19 NRC 1154 (1984)...........................
Lona Island Lichtina Co. (Shoreham Nuclear Power Station, Unit
- 1) , CLI-84-21, 20 NRC 1437 (1984)........................ 5,19,21 Lona Island Lichtina Co. (Shoreham Nuclear Power 13 Station), CLI-85-12, 21 NRC 1587 (1985)..................
Lona Island Llahtina Co. (Shoreham Nuclear Power Station, 21 Unit 1), LPB-84-35A, 20 NRC 920 (1984)...................
Lona Island Lichtina Co. (Shoreham Nuclear Power Station, 24 Unit 1), LPB-84-45, 20 NRC 1343 (1984)...................
Pacific Gas and Electric Co (Diablo Canyon, Units 1 and 2), 17 NRC 777 (1983)........................ 21 Public Service Comoany of New Hamoshire. et al. (Seabrook Station, Unit 1), CLI-87-13, 26 NRC 400 (1987)............ 6
-lii-Public Service Comoany of New Hamoshire. et al. (Seabrook Station, Unit 1), ALAB-883, 27 NRC __ (February 3, 1988).. 1 Public Service Company of New Hamoshire. et al. (Seabrook Station, Unit 1), ALAB-875, (October 1, 1987)........... 2-3 Public Service Co. of New Hamoshire. et al. (Seabrook Station, Units 1 and 2), LBP-87-10, 25 NRC 177 (1987)................. 1-2 Public Service Co. of New Hamoshire. et al. (Seabrook Station, Units 1 and 2), Memorandum and Order from the Licensing Board (November 27, 1987)................................. 3 Texas Utilities Electric Co. (Commanche Peak Steam Electric Station, Units 1 and 2), LBP-84-30A, 20 NRC 443 (1984)..................................... 17-18 S_tatutes 42 U.S.C. 5 2239(a)................................ 5-10,13-14,15 42 U.S.C. 5 2242....................................... 7,8,10-12 Rouulations 10 CFR 5 2.732................................................ 23 10 CFR ; 2.758...................... ................... 22,23,24 10 CFR S 50.12.......................................... 19,23,24 10 C FR 5 5 0 . 4 7 ( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 , 21, 2 3 10 C F R 5 5 0 . 5 7 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 10 CFR 5 50.57(c).................'.................... 5,14-15-22 Miscellaneous l
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Statement of James S. Schlesincer before Joint Committee on Atomic Enerov, March 16, 1972............................... 8,10 i
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House Rept. No. 92-1027, 1972 U.S. Code Cong.
and Admin. News 2351 .................................. 8-10 Sen. Rep. No.97-113, 1982 U.S. Code Cong.
and Admin. News at 3593 ................................. 11 Vol. 128, Cong. Rec. (December 16, 1982)....................... 11 Vol. 128, Cong. Rec. (December 2, 1982)....................... 14 SECY-84-290A.................................................. 20 4
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