ML20154E694

Motion of Commonwealth of Ma Atty General Jm Shannon for Leave to File Document Not Authorized by Commission Rules of Practice.*

ML20154E694
Person / Time
Site:	Seabrook
Issue date:	09/15/1988
From:	Dean G MASSACHUSETTS, COMMONWEALTH OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20154E698	List: ML20154E694 ML20154E710
References
CON-#388-7079 OL-1, NUDOCS 8809190099
Download: ML20154E694 (3)

Text

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• • = 0C!C-11'71 P.03 7479 Septem er 15, 1988 UNITED STATES OF AMERICA '88 SEP 15 P4 :06 NUCLEAR REGULATORY COMMISSION before the h'gt . . .,

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COMMISSION

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL-1 NEW llAMPSilIRE, II AL. ) 50-444-OL-1

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(Seabrook Station, Unit 1 ) (Onsite Emergency Planning and 2) ) and Safety Issues)

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MOTION OF MASSACHUSRTTS ATTCRNEY GENERAL JAMES M. SHANWON FOR LEAVE TO FILE A DOCUMENT NOT ?ldTHORIEED BY THE COMMISSION'S RULES OF PRACTICE Massachusetts Attorney General James M. Shannon hereby moves the Nuclear Regulatory Commission ("Commission") for leave to file a document not authorized by the Commission's rules of practice.

Specifically, the Massachusetto Attorrey Geaeral moves for leave to filo the accompanying FOURTH SUPPLEMENT TO MASSACHUSETTS ATICRNEY GENERAL JAMES M. SHANNON'S PETITION UNDER 10 C.F.R. I 2.758 FOR A WAIVER OF OR AN EXCEPTION FROM THE PUBLIC UTILITY ,

l EXEMPTION FROM THE RtQUIREMENT OF A DEMONSTRATION OF FINANCIAL QUALIFICATION . In support of this motion, the Massachusetts Attorney Ooneral stetes:

1. That on September 9 and 13, 1988, the lead owner 2nd operator of the Seabrook Nuclear Power Station, Publ\c Service Company of New Hampshire ("Public Service"), filod with the 8809190o99 080915 gDR ADOCK 05000443 PDR 3 $D

w Av Awee A:adi * *== tv -evs i L.r4 **o= cnca171 p,c4 Commission supplemental responses to requests for additional financial information propounded by the Commission's Staff in a letter dated August 17, 1988.

2. That the supplemental response filed by public Service on Sept. 13, 1988 is itself substantial evidence that the public utility exemption from the requirement of a demonstration of

• . * *n financial qualification should be waived in the circumstances of the low power operation license application for the Seabrook Nuclear Power Station.

3. That neither the commission's rules of practice nor its July 14, 1988 order in this proceeding address the question of whether and how a party may bring new information to commission's attention when the Commission is considering a petition for the waiver of one of its regulations.

4. That the public interest in a fully informed decialon by the commission on the pending petition for the wavier of the public utility exemption from the requirement of a demonstration of ,

i finan.:ial qualification, considerations of fairness, and the ;

interest in conserving administrative resources require that the information referenced in paragraph one above as well as the  !

Hassachusetts Attorney General's analysis thereof should be presented to the commission prior to its decision on the pending petition.

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. 373 r,e WHEREFORE, the Massachusetts Attorney General novos that the Commission grant leave to file and consider the accompanying FOURTH SUPPLEMENT TO MASSACHUSETTS ATTORNEY GENERAL JAMES M. SHANNON'S PETITION UNDER 10 C.F.R. 9 2.758 FOR A WAIVER OF OR AN EXCEPTION FROM THE PUDLIC UTILITY EXEMPTION FROM THE REQUIREMENT OF A DEMONSTRATION OF FINANCIAL QUALIFICATION .

RESPECTFULLt SUBMITTED JAMES M. SHANNON ATTOR G wal.L CO -

'~ F MASS CHUSE1'IS W ,, ,-

b 'Sted.

- r; .. usan Assistant Attorneys General One Ashburton Place Boston, Mammachusetts 02108 (617) 727-2200 I

DATED: September 15, 1988 1

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