ML20154S835
| ML20154S835 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/30/1988 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#488-7199 OL-1, NUDOCS 8810050172 | |
| Download: ML20154S835 (6) | |
Text
7/9V SeptE$k%d.'"50, 1988
'88 TT -3 P4 :33 UNITED STATES OF AMERICA before the
[][,
NUCLEAR REGULATORY COMMISSION
)
In the Matter of
)
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL-1 OF NEW HAMPSHIRE, 21 al.
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50-444-OL-1
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(Seabrook Station, Units 1
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(Onsite Emergency and 2)
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Planning and Safety
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Issues)
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APPLICANTS' RESPONSE TO MOTION OF MASSACl!USETTS ATIORNEY GENERAT.
JAMES M. S!!ANNON FOR LEAVE TO FILE A DOCUMENT NOT AUTHORIZED BY THE COMMISSION'S RULES OF PRACTICE Under date of September 15, 1988, the Attorney General cf The Commonwealth of Massachusetts ("Mass. AG") has filed a Motion.
For Leave to File a Document not Authorized by the Rules of Practice ("The Motion").
The document se' it to be filed is entitled:
Fourth Sunnlement to Massachusetts Attorney General James M.
Shannon's Petition Under 10 C.F.R. 4 2.758 for a Waiver of or an Excention from the Public Utility Exenotion from the Requirement of a Demonstration of Financial Oualifications.
To this document are attached several documents ("The Attached Documents").
In reply to this motion the Applicants say as follows:
801005017e 000930 Os PDR ADOLK 05000443 O#
C PDR
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Applicants have no objection to the allowance of The Motion insofar as it seeks the admission into the record of The Attached Documents.
The documents speak for themselves.
Applicants do object to the speaking portion of the supplement which purports to evaluate and characterize The Attached Documents in the context of an argument in support
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of his Petition under 10 CFR I 2.758 now guk iudice before the Commission.
Insofar as The Motion's argument seeks to influence the commission in respect of a stay of the issuance of a license for low power operation, Applicants suggest that the filing has, in any event, been mooted by the recent order of the Commission issued on September 22, 1988.1 Insofar as the filing seeks to support the request for a suspension of the Financial Qualification Rules in order to require a hearing before any operating authority is conferred, a matter now guh Audice before the Commission, The Motion is indeed, as styled, not authorized by the Commission's Rules of Practice and should be rejected out of hand.2 1Public Service Comoany of New Hamoshire (Seabrook Station, Units 1 and 2), CLI-88-07, 28 NRC (Sept. 22, 1988).
2 This too should be the result in respect of the Mass.
AG's continuing practico of seeking leave to, and making, filingo (now the fourth) which are not authorized by the Commission's rules.
This practice should be stopped.
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4 In any event, The Attached Documents simply do not supply the still not made crima facie case because no shortfall in funds has in fact occurred; any assertion that a shortfall may occur in the future is based on speculation as to future events, an impermissible exercise;3 and there is absolutely no showing that even the speculated shortfall would somehow compromise safety.
Indeed, the more credible speculation from The Attached Documents would be that there will be ample funds available to carry the MMWEC share of the l
project until such time as authority permitting commercial operation is conferred and revenues from operation begin to supply operating funds.
Respectfully submitted, fx
&,r.9~r
)
Th~omas G M nan, Jr.
George H r'Lewald Kathryn A. Selleck 4
Ropes & Gray 225 Franklin Street j
Boston, MA 02110 l
(617) 423-6100 Counsel for Applicants i
3 Public Service Comoany of New Hamoshire (Seabrook Station, Units 1 and 2), A LAB-8 9 5, 28 NRC
, Slip Op. at 37-38 (July 5, 1988).
0 DX4E H I' CERTIFICATE OF SERVICE U*'
I, Thomas G. Dignan, Jr., one of the attorneys,Jo
% p4 :33 Applicants herein, hereby certify that on September %,
98%,
I made service of the within document by depositing copies thereof with Federal Express, prepaid, for deliverycto.(or.
where indicated, by depositing in the United States imail;' g;~J ',
first class, postage paid, addressed to):
Alan S.
Rosenthal, Chairman Howard A. Wilbar Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Thomas S.
Moore Mr. Richard R.
Donovan Atomic Safety and Licensing Federal Emergency Management Appeal Panel Agency U.S. Nuclear Regulatory Federal Regional Center Commission 130 228th Street, S.W.
East West Towers Building Bothell, WA 98021-9796 4350 East West Highway Bethesda, MD 20814 Administrative Judge Sheldon J.
Robert Carrigg, Chairman Wolfe, Esquire, Chairman Board of Selectmen Atomic Safety and Licensing Town Office Board Panel Atlantic Avenue U.S.
Nuclear Regulatory North Hampton, NH 03862 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Emmeth A.
Diane Curran, Esquire Luebke Andrea C.
Ferster, Esquire 4515 Willard Avenue Harmon & Weiss Chevy Chase, MD 20815 Suite 430 2001 S Street, N.W.
Washington, DC 20009 Dr. Jerry Harbour Stephen E. Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway concord, NH 03301-6397 Bethesda, MD 20814
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Adjudicatory File Atomic Safet" and Licensing Sherwin E. Turk, Esquire Board Panel Docket (2 copies)
Office of General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th Fl.
4350 East West Highway 11555 Rockville Pike Bethesda, MD 20814 Rockville, MD 20852
- Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J.
P. Nadeau Assistant Attorney General Selectmen's office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenue General P.O.
Box 360 One Ashburton Place, 19th Fl.
Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, Hill-Washington, DC 20510 Whilton & McGuire (Attn:
Tom Burack) 79 State Street Newburyport, MA 01950
- Senator Gordon J. Humphrey Mr. Peter S. Matthews one Eagle Square, Suite 507 Mayor Concord, NH L3301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833
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H. Joseph Flynn, Esquire Charles P. Graham, Esquire Office of General Counsel Murphy and Graham Federal Emergency Management 33 Low Street Agency Newburyport, MA 01950 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas l
47 Winnacunnet Road 35 Pleasant Street l
Hampton, NH 03841 Concord, NH 03301 Judith H. Mizner, Esquire i
79 State Street, 2nd Floor Newburyport, MA 01950 Lando W.
Zech, Jr., Chairman Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission one White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 l
Kenneth M. Carr, Frederick M. Bernthal, commissioner commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission one White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852
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Kenneth C.
- Rogers, William C.
Parler, Esquire Commissioner General Counsel U.S. Nuclear Regulatory Office of the General Counsel i
Commission one White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 Marjorie Nordlinger, Esquire Deputy General Counsel office of the General Counsel i
One White Flint North 11555 Rockville Pike Rockville, MD 2080.'
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(*=U.S. First Class Mail.)
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