ML20154P419
| ML20154P419 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/27/1988 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#488-7156 OL-1, NUDOCS 8810030059 | |
| Download: ML20154P419 (9) | |
Text
1l6k DCCWETE0 e 'tPC UFITED ST ATES OF AMERIC A N tlCLE A R R E G UL A T O R Y C OMMISSI0 f!
'88 SEP 27 P1 :37 BEFORE THE COMMISSION
'{.
^
In the Matter of
{
Docket Nos. 50-443 OL-01 Pl!SLIC SE RVIC E C OMP A N Y O F
\\
50-444 OL-01 N E!! H A tt PS HIR E, g _al.
(On site Emergency) Planning and Safety Issues (Seabreok Statier, Units 1 and T) f N P C S T A F F R ES P 01,' S E T O M A S S A C P U S E T T S A T T O R N E Y GENER AL JAMES M. SH A NNON'S MOTION FOR LEAVF TO FIL F T HIR D A N D FO U F,T H S UPPL EM E N T S TO 0E TITIO N FO R ll A!VER OF FIN AN CI AL Oll ALIFIC ATION RULES Gregory Alan Berry Courrel for N R C Stt.ff September 27, 1933 sgA*i!88Ti@3@ff 9
o
i I
i UFITED ST ATES OF AMERIC A i
N U C L E A P. R E G U L A T O R Y C O M MIS $10 t' R EFO R E THE C OMMISSIO_N I
In the Matter of I'
Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF I
50-444 OL-01 l
NEW H Al1PSHIRE gg.
(On-site Emergency) Planning l
and Safety Issues (Seabrook Station Units 1 and 7) l i
l l
i f
i NPC ST AFF RESP 0tlSE TO M ASSACHUSETTS ATTORNEY l
1 GEllER AL JAMES M. SH ANNON'S MOTION FOR LE AVF TO 1
FIL F THIRD AND FOURTH SUPPLEMEtiTS TO PETITI0ft FOR j
II AIVER OF FIN AtlCIAL QU ALIFIC ATION RULES j
(
=.
i j
i J
i l
i f
1 I
f t
Gregory Alan Berry f
j Courrel for NRC Staff l
r
)
I J
Septernber 27,19M i
i i
l
t-i UNITFn STATFS OF AMERICA fiUCLEAR 0.EGULATORY COPJIISSION EFFORE THE COMMISSION In the fictter of
)
Docket Nos. 50-443 CL-01 PUBL10 SFFNICE COMPANY OF 50-44a OL-01 4
fiEW HAMPSHIPE, d d On-sitn Ernergency Planning and Safety Issues o
(Seabrook Statico, Uniu. -
)
I ild
'sE TO i:ASSACHllSETTS ATTORfiEY G'
- i.,
, SHAf;fl0fi'S MOTION FOR LEAVE F'
~, FOURTH SUPPLEMENTS TO PETITION i
r f,1NANCIALQUALIFICA,TIONRULES INTRODUCTION
]
On September end 15, 1988, flassachusetts Attorney General James M.
Shannon filed motions in which he again requests leave to bring to the l
Ccalission's ettentien several documents which he claims buttress hir l
pending petitior, for waiver o' the Commission's financial qulification rules.II Althcush the insterit cottoris f114d by Attorney General P.re not auti'erized by tr.e Cuunission's Rules of Practice, the Staff does riot oppose his request that the proffered docurrents be included in the record.
"/
See Motien Of Massachusetts Attorney General James M. Shannon For 1
Leave To file A Docurent Not Authorized By The Comission's Rules Of Practice And Attached Third Supplement Massachusetts Attorney Reneral Jeres 14. Shannon's Petition Under 10 C.F.P. 6 2.758 For A Waiver Of Or Exer 4ption Fron The Public titility From The Requirerent Of A Demonstration Of Financial Guelification (September 0, 1988) ("Third Supplement"); Motien Of Massachusetts Attorney General Jares !!.
Shannon For Leave To File A Document flot Authorized By The Cemissirr's Rules Of Practice And Attached Fcurth Supplerrent Massachusetts Attorney Gereral Jarer 11. Shannon's Fetitior l'nder 10 C.F.R. l 2.758 For A Waiver Of Or Exemption From The Public Utility From The Requirement Of A Demerstration Of Financial Oualification (September 15,1088) ("Fourth Supplenent").
p 2
As explained below, however, nothing in those doeur:ents cures the deficiencies in the Attorney General's petition for waiver of the Comission's financial cualification rules previously identified by tbc Staff.
In cther words, the Attorney General's petition, as amended, does not shew that Applicants will not be able to recoup their costs through the retomaking process in the event a full pcwer license is issued or that O
they currently lack sufficient funding to operate the Seabrook Station safely at low power.
The Attorney General's petition therefore rust be denied.II DISCUSSION In its July 20, 1988 response to the to the Ccmission's July 14, 1908 Order, the Staff pointed out that in ALAB-895 the Appeal Peard's finding thi.t the Attorney Generel's petition met the stardards set forth in 10 C.F.R. Q 2.758(b) was based solely on inferriation presented by the Attorney Gereral that one of the co-applicants, iPWEC, had announced its intentinn te discontinue its share of the Seabrook mainterance costs.
/ LAP-845, ?P NRC 7, 22 (1988).
The Staff also pointed oM that subse<;uent 1/
In CLI-88-07, 20 flP.C (Septewber 2',
1900),
the Comission
~
recuired Applicants to provide informatien sufficient to enaole it+
Corrission to detemine whether there is reasonable assurance that furds will b( available te decomission the Serbrook Statien in tSe event low prwer operation occurrs but a full power license is not granted.
Id. at 2.
The Comission also stayed the issuance of a low power lice'rie for the Seabrook Stetion pending its detemination on this issue.
Id.
Applicants were provided thirty days to supply the requested infWeation.
Ar cpportunity to suteit motions to reepen and admit late-filed contentions challen9 ng the adequacy of f
Applicants' decommissiering plan was also provided.
Ld.
The Comistion's order, bewever, does not address the centrol issue raised by Attorney Generol's petition for waiver: ).hether in view of the bankruptcy of the Public Service Company of New Hanipshire, Applicants are financially qualified to operate the Scabrook Station.
M to the issuance of ALAB-895, arcther of the Seabronk co-owners, flertheast Utilities, announced its intention to fund MMWEC's share of the Seabrook naintenance costs through August 31, 1988.
Staff Response at 9-10.
The Staff also roted that the co-owners of the Seabrook Station were working "to structure an arrangement to provide funding for the PEFC share for a period of et least a year." M.at10.
In light of these developments, j
the Staff urced the Comission to deny the Attorney General's petition.
arguing that "the circumstances underlying the Appeal Board's decision to certify the Attorney General's petition to the Comis sion no longer cbtain."
M. at 10.
In other words, funds currently are aveilable to Applicants to naintain and operate the Seabrook Station sefely.
M.
As shewn below, none of the docurerts attached to the third or fourth supplements to the Attorney General's petition for waiver alters this f
saliert fact.
Two cf the docurents are copies of the responses to the i
Steff's August 13., 198F request for fina;cial infereation.
A copy of these docunents previcusly wss submitted to the Comission by Apphce*..
See Attachrent Applicants' Reply To Intervenors' Motion Fer Acceptones Of Additierel Perly Te Comission Order Of July 14, 1988 Regerding AUC-895 l
(Sertorter 10, !$65); Lettc.r Fron R.J. Farrison To l'RC (Secterber 13, 1
{
1988). Thee docurents indicatt. thot arranferents have been mare to cover I
l WWEC's shtre of the Seabrook raintenance and operation costs through l
Neverber 20, 1900, and that additiont.i arrangerents are being cenpleted te f
t guarantee funding of MMWEC's share through recenber 31, 1989.
See t
i 1
i to Third Supplement; Attachrent 1 te Fourth Supplement.
(
1rdly show
- hat Applicants leek the funds necessary to These decur u
]
operate the fat.iity safely at low power.
[
l l
i i
f t
4 Similary, the copy of the bankruptcy court's orcer attached to the Attorney General's third suppler.ert does not indicate that Applicants' lack the funds necessary to operate the Seabrook Station safely at low power.
The order r,ere'y indicates that the federal bankruptcy court in New Hanpshire denied a request by Public Service Cccpany of New Hampshire (PSfdC te participate in the organizatiori and implementation of an entity criled the "New Frapshire Yankee Electric Ccrperation" (NHYFC) because the record before it was "irsufficient on balance to justify approval of the proposed transaction."
See Attach.Tott 3 to Third Supplement at 19.
Nor did the bankruptcy court assert the authority te set rates for pSNH or the authority to decice whether the Seabrook St6 tion r.ay be cperated at low pm cr. See M. at 15; M., Attachrent
.?.
In view of these circurstances, the docur erits proffered by the Attorney Gereral do not cure the deficiency in his petitier' for waiver cf the Cerrission' financial qualification rules: a failure to show that Applicant! !ack the funds necessary to operate the Seabrock Statior o fely at Icw power.
The /.ttorney General's petitien for waiver riust be denied.
CONCLUS10N The Attorney General's retiens for leave to supplere,t his petition for waiver of the Cercissier's financial qualificaticn rules should be grtin+ed but the petitier for waiver should be denied.
Fe p trully submitted,
)
0 [is an 0 g)
Grgorvfl n a ry Counse r h C Staff Nted at Rockville, Marylerd this 27th dcy of Sep*erber 1988
1 tctstiCD M"RC UNITED STATES OF AMERICA f;UCLEAR REGULATORY COMMISSION Y
{
BEFORE THE COMPISSION In the !!atter nf GF N U S Docket Nos. 50-443CCG01d.
PUBLIC SERVICE COMPANY OF 50-444 OL-01 '
HEW HAMPSHIRE, gt al,.
On-site Emergency Planning and Safety Issues (SeabrookStation, Units 1and2)
CERTIFICATE OF SER,VICE.
IC I hereby certify that copies of "fl0 STAFF RESPONSE TO MASSACHUSETTS ATTORNEY GENERAL JAMES t!.
SHANNM'S NOTION FOR LEAVE TO FILE THIRD AND FOURTH SUPPLEMENTS 10 PETITICN F04 WAIVER OF FINANCIAL QUALIFICATION RULES" in the above-captioned proceeding have been served er the fillowing by deposit in the United States rail, first class or, as indicated by m asterisk, by deposit in the Nucletr Regulatory Commission's internal mail
,ystem, this 27th day of Septerher 1986.
l Samuel J. Chilk (IE)*
H. J.. Flynn, Esq.
t Offirs of the Sec.retary Assistant General Counsel U.S. Pucicar Regulatory Cercission Federal Emergency Managerent Was?!'Oton, DC 20355 Agency 500 C Street S.W.
4 Sheldon,1. Wolfe, Esq. Chairman
- Pashington, DC 20472 Administrative Judge Atomic Safety and Licensing Board Calvin A. Canney U.S. Nuclear Regulatory Corcission City Hall t
Washington, PC 20555 126 Daniel Street Portsmouth, NH 0380!
Dr. Jerry Harbour
- Adninistrative Judge Robert Carrigg, Chairman Atenic Safety end Lichnring Roard Board of Selectren U.S. Nuclear Regulatory Corris>1on Town Office Washirgton, DC 20E55 Atlantic Avenue North Parpton, FF 03370 Dr. Erteth A. Luebke Admin strative Judge Juo'th H. Mizner, Esq.
4515 W ilard Avenue Silverglate, Gertner, Baker, Chevy Chase, Marylard 20815 Fine, & Good 88 Board Street Philip Ahren. Esq.
Boston, MA 02110 Assistant Attorney Ge":eral Office of the Attorney General J. P. Nadeau State House Station Board of Selectmen Augusta ME 04333 10 Central Street Rye, hH 03870 Thomas G. Dignan, Jr., Esq.
l Robert K. Gad. III, Esq.
s Ropes & Gray 205 Franklin Strett o
Boston, t% 00110 a..
~.
2 Carol S. Stiefder, Esq.
Mr. Angie Nachiros, Chairman Assistant Attorney General Board of Selectmen Office of the Attorney General 25 High Road One Ashburton Place, 19th Floor Newbury, MA 09150 Borton. PA 02108 Allen Lampert rcorge Dana Bisbee, Eso.
Civil Defense Director Assistent Attorney General Torn of Brentweed Office of the Attorrey General 20 Franklin 25 Capitol Street Exeter, NH 03833 Concord, NH 03301 William Armstrong Ellyn R. Weiss. Esq.
Civil Defense Director t
Diane Curran, Esq.
Tcwn of Exeter l
Harrer f Keiss 10 Front Street 1
2001 S Street, f.W Exeter,i:P C3833 Suite 430 Washington, DC 20009 Gary W. Holtres. Esq.
Holmes & Ellis Robert li. Backus, Esq.
47 Winnacunnet Roac Boclus, Meyer & Solomon Harpton, NH 8384.*
i 116 Lowell Street Panchester, fH 03106 Atomic Safety ind Licensing Appeal Panel (P!+
t Ptui McEachern. Esq.
U.S. fluclear Reguietory Comission Matthew T. Brock, Esq.
Washington, DC 2n555 Shaines & McEacharn 25 Maplewood Avent.e Atomic Safety and Licensing P.O. Box 360 Board Panel (1)*
a Pertsnouth, hk C3801 U.S. Nuclear Regulatory Comission l
Washington, DC 20555 Charles P. Graham, Esq.
i PcKay, Murphy A Grahan Docketing and Service Section*
100 Main Street Office of the Secretary
/cesbury, MA 01913 U.S. Nuclear Regulatery Corrission Washington, DC 20555 1
Sar.dro Cavutis, Chaiman Board o' Selectren reter J. Matthews, Fayer RFD (1, Fox 1156 City Hall Kensingtr;r, NH 03P?7 Newburyport, MN 09150 Villiam S. Lord Ashed N. Antrian, Esc.
Peard of Selectmen Towr Ceursel fer l'errimac ichr. Hell - Friend Street 370 Main Street Amesbury, MA 01913 Haverhill, Pl. 08130 l
Sheldon J. Wolfe, Esq.
Administrative Judge i
1110 Wimbleden Drive McLean, VA 2210'
[
J h
Mrs. Anne E. Goodman, Chairman Michael Santosuosso, Chairman Board of Selectinen Board of Selectmen 13-15 Newmarket Road South Hampton, NH 03027 Durham, flH 03824 Hon. Gordon J. Hurrphrey United States Senate 531 Hart Senate Office Building I
Washingten. DC 20510 9.
Gregcry liv 5erl y' Counsel or NRC 5taff
.