ML20153E352

Responds to Which Requested Consideration of Request for Hearing Filed by Backus in Connection with Proposed License Amend for Seabrook Unit 1.Refuses to Offer Comment Because Matter Still Pending.Served on 980925

ML20153E352
Person / Time
Site:	Seabrook
Issue date:	09/25/1998
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	Gregg J SENATE
Shared Package
ML20153E357	List: ML20153E352 ML20153E404
References
CON-#398-19567 CLI-98-18, LA-2, NUDOCS 9809280063
Download: ML20153E352 (1)

Text

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b 00CKET NUMBER g,gd/g.{A J /,M f i

Jp no PRODA UTit. F.R

/ 1 UNITEo STATES NUCLE AR REGULATORY COMMISSION WASHINGTON,0.C. 20555-0001 h l September 25, 1998 k ..... / ,

SECRETARY l

OF N.

RUL. . l ADJU_ JF l l

The Honorable Judd Gregg United States Senate '

Washington, D.C. 2051 CiFAVED SEP 2 51998

Dear Senator Gregg:

I am responding to your letter dated September 4,1998, addressed to Chairman Jackson.

Your letter, which encloses a copy of a letter dated August 5,1998 sent to you from Robert A.

Backus, an attorney representing the Seacoast Anti-Pollution League (SAPL), requests the Chairman's consideration of a request for hearing filed by Mr. Backus on behalf of SAPL in connection with a proposed license amendment for the Seabrook Station, Unit 1 reactor. This matter is currently pending before an Atomic Safety and Licencing Board (ASLB) at the Nuclear Regulatory Commission and, therefore, it would be inappropriate to comment further on the issues raised. However, I am enclosing a copy of CLI-98-18, a Commission decision issued on September 17,1998. Pursuant to that Order, proceedings before the ASLB are halted pending Commission consideration of the " segmentation" issue.

Because the litigation is ongoing, your letter, Mr. Backus's letter, and this response will be served on the parties to the proceeding as well as the Atomic Safety and Ucensing Board.

Your correspondence is appreciated.

Sincerely, i

' ohn C. Hoyl Secretary of the Commission l 1

Enclosure:

As stated l

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9809280063 980925 PDR ADOCK 05000443 0 PDR Dsom 1 J

. 00CKETE0 Uf+ RC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

% SEP 17 A9:46 COMMISSIONERS:

Shirley Ann Jackson, Chairman OFH Rc_

Nils J. Diaz ADJP OF Edward McGaffigan, Jr.

SERVED SEP 171993 in the Matter of l

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NORTH ATLANTIC ENERGY )

) Docket No. 50-443-LA SERVICE CORPORATION

)

)

(Seabrook Station Unit No.1)

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CLl-98-18 ORDER The Atomic Safety and Licensing Board recently ruled on two petitions to intervene in this proceeding on an application by North Atlantic Energy Service Corporation (NA amend its operating license for the Seabrook Station, Unit 1 nuclear reactor. LBP-98-2 NRC (Sept. 4,1998). The Board granted intervention to the Seacoast Anti-Pollution League (SAPL) and denied intervention to the New England Coalition on Nuclear (NECNP). The Board's order also requested the parties to provide further informat SAPL's argument against " segmentation," i A, that license applicants should no to effectuate a major operational change requiring several license amendments through separate amendments requests rather than through a single request. SAPL re without reviewing the change as a whole, the NRC may be unable to accurately asse actual safety implications of the overall change.a Ld , slip op. at 21.

The " segmentation" issue is novel and has broad implications for this and other proceedings. It is the type of issue that we discussed in our Statement (4 h SW

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Adjudicatory Proceedings that "could benefit from early Commission review." CLI 98-12,48 CLI 98-12,48 NRC . slip op. at 8 (July 28,1998). Therefore, we exercise our NRC inherent supervisory authority over the conduct of proceedings to take sua sponte review of the

" segmentation" issue. Sag Baltimore Gas & Electric (Calvert Cliffs Nuclear Power Plant, Units 1 and 2), CLI-98-15,48 NRC (Aug. 26,1998), slip op. at 4-5. Our decision to take review overtakes the Board's request in LBP-98-23 for the parties to provide it additional information on the segmentation issue. See LBP-98-23, slip op, at 22-24. We direct the Board to halt all proceedings before it pending further Commission order. Additionally, in the interest of expedition and economy of effort, rather than await any appeal of the Board's rulings granting u

and denying intervention pursuant to 10 C.F.R. 6 2.714a, the Commiesion also takes sug sponte review of the Board's intervention rulings. In sum, the parties are free to file briefs supporting or opposing any aspect of the Board's ruling in LBP 98-23, and to address, as they deem necessary, any of the questions posed by the Board on pages 23 24 of its order.

In addition to any issue of concern to the parties, their briefs should address the

'lollowing Board statements:

1. "Except perhaps for egregious pleading defects, it is not good policy to dismiss contentions merely for procedural reasons, especially where, as here, the challenged , slip activities potentially could affect public health and safety." LBP-98-23,47 NRC op at 16.

2. " Federal agencies should not allow an applicant to present licensing actions separately if such separate actions are part of a common action which has greater adverse consequences." LBP-98-23,47 NRC , slip op. at 21.

To expedite our review, we have decided to order simultaneous rather than sequential briefs. All briefs filed before the Commission in accordance with this order shall be s manner to ensure receipt by midnight Eastern Time, on their due date. The Commission sets the following briefing schedute:

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1. All parties, including NECNP (if it desires), may file a brief no later than October 7,1998. The briefs shall not exceed 30 pages.

2. Each party, including NECNP, may file a single responsive brief addressing allissues in the other parties' briefs on which it wishes to be heard, no later than October 14, 1998. The responses may not exceed 20 pages.

After receiving these responses, the Commission may schedule oral argument to discuss these issues if it deems such argument necessary.

IT IS 30 ORDERED.

For the Commission

, M 4 5 .2l. c '[

ll;; [/ John C. Hoyle'

$ 'y k [ Secretary of the Commission 4

• g. *

• Dated at Rockville, Maryland, this @ day of September,1998.

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4 M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Docket No.(s) 50-443-LA NORTH ATLANTIC ENERGY SERVICE CORPORATION (Seabrook Station, Unit No. 1)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER (CLI-98-18) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge B. Paul Cotter, Jr., Chairman Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Charles N. Kelber Atomic Safety and Licensing Board Panel Linda W. Little Mail Stop - T-3 F23 ASLBP l

U.S. Nuclear Regulatory Connission 5000 Hermitage Drive Washington, DC 20555 Raleigh, NC 27612 l

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• Robert A. Backus, Esq.

• • Steven R. Hom, Esq. Backus, Meyer, Solomon, Rood & Branch Office of the General Counsel P.O. Box 516 Mail Stop 15 B18 Manchester, NH 03105 U.S. Nuclear Regulatory Commission l

Washington, DC 20555 l

• 0 avid A. Repka, Esq.

• Lillian M. Cuoco, Esq.

Winston & Strawn Senior Nuclear Counsel 1400 L Street, N.W.

Northeast Utilities Service Company l Washington, DC 20005

l. P.O. Box 270 Hartford, CT 06141

• Faxed

• • Hand Delivered 1

-. . . . . . .. - . - . - = _ _ - _ . . - . _ . . . - - . . - . . . - - . . -.

4 Docket'No.(s)50-443-LA t C0lWIIS$10N ORDER (CLI-98-18)

Dated at Rockville, Md. this 17 day of September 1998 4/ . 7, 4 /

(4 4( u u la Q ctAtt M">tS -

Office of the Secretars' of the Cdsmission I

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