ML20155C172
| ML20155C172 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/03/1988 |
| From: | Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#288-6459 OL-1, NUDOCS 8806140109 | |
| Download: ML20155C172 (6) | |
Text
-
~
i h Y$f s
00LKETE0 usHRC June 3, 1988 UNITED STATES NUCLEAR REGULATOR $C$$ISI5Ibk BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD f f iggy-;
,',g
)
BR-hC1 In the Matterfol
)
)
Public Service Company of
)
New Hampshire, et al.
)
Docket No. 50-443 OL-1
)
(Seabrook Station, Units 1 & 2)
)
ONSITE EMERGENCY
)
PLANNING & TECHNICAL
)
ISSUES
)
NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION TO DEFER BRIEFING OF NECNP'S APPEAL OF THE LICENSING BOARD'S MAY 12, 1988 ORDER, OR, IN THE ALTERNATIVE, FOR EXPEDITED CONSIDERATION OF NECNP'S MOTION FOR CLARIFICATION The New England Coalition On Nuclear Pollution (NECNP) hereby requests that this Appeal Board issue an appropriate order deferring the briefing of NECNP's Appeal of the Licensing Board's May 12, 1988, Order, which dismissed NECNP Contentions IV and I.V as "abandoned," until thirty (30) days after this Board accepts the late filing of NECNP's Notice of Appeal.
In the alternative, NECNP requests that the Appe'al Board expedite its consideration of "NECNP's Motion for Clarification or, in the Alternative, for Leave to File A Notice of Appeal Out of Time," filed June 1, 1988.
Backaround As of May 12, 1988, NECNP had three, unresolved onsite safety contentions pending before the Licensing Board: NECNP Con-tentions IV and I.V, regarding the accumulation of aquatic organisms in the cooling system, and in-service inspection of h$k
$$00K O
$3, G
D.s o3
steam generator tubes, and NECNP Contention I.B.2, regarding environmental qualification of the RG58 coaxial cable.
NECNP Contentions IV and I.V. were remanded to the Licensing Board on October 1, 1987, by ALAB-875.1 In that Decision, the Appeal Board suggested that the Licensing Board's merits disposition of the remanded contentions should take the form of a "supplemental partial initial decision."2 NECNP Contention I.B.2 was remanded to the Licensing Board on April 25, 1988 by ALAB-891.
Both ALAB-875 and ALAB-891 reversed different aspects of the Licensing Board's March 25, 1987, partial initial decision in the onsite emergency planning and safety issues phase of the Seabrook opera-ting licensing proceeding.3 On May 12, 1938, the Licensing Board dismissed NECNP Conten-tions IV and I.V as "abandoned."
Although NECNP disagreed with this Order, NECNP did not file a notice of appeal at that time because it believed that, due to the unresoived status and pendency of NECNP Contention I.B.2, an appeal of the Licensing Board's May 12, 1988 Order regarding NECNP Contention IV would be rejected as interlocutory, pursuant to 10 C.F.R. 5 2.730(f).
1 Public Service Co. of New Hampshire, et al. (Seabrook Station, Units 1 and 2), ALAB-875, 26 NRC 251 (1988).
Hereinafter, all administrative decisions in the Seabrook proceeding will be cited only by number and date.
The agency's citation system denotes decisions of the Licensing Board Panel as "LBP" decisions, Appeal Board decisions as "ALAB," and Commission decisions as "CLI."
2 A LAB-87 5, 26 NRC 251, 276 n. 105.
3 LPB-87-10, 25 NRC 177.
- - = - - - - - - -
. On May 24, 1988, the Appeal Board filed a Decision in this proceeding which suggested, in dicta, that the Licensing Board's May 12, 1988, Merorandum and Order constitutes an initial deci-sion appealable under 10 C.F.R. 5 2.762.4 On June 1, 1988, NECNP filed a "Motion for Clarification or, in the Alternative, Motion for Leave to File a Notice of Appeal Out of Time."
In that motion, NECNP requested that the Appeal Board clarify its opinion in ALAB-892, to correct any implication in that opinion that the Licensing Board's May 12, 1988 Order constitutes an initial deci-sion appealable under 10 C.F.R.
$ 2.762.
In the alternative, NECNP requested that the Appeal Board allow it to file the Notice of Appeal of the Licensing Board's May 12, 1988 Order out of j
i time.
l Discussion l
Under 10 C.F.R. 5 762(b), should the Appeal Board grant NECNP's alternative motion to file the Notice of Appeal of NECNP Contention out of time, Appellant's brief in support of its appeal will be due within 30 days of June 1, 1988.
However, as NErNP stated in its "Motion for Clarification," this issue will not be ripe for review by the Appeal Board until such time as a new partial initial decision on the onsite emergency planning and safety issues is issued by the Licensing Board, and no such deci-sion can be issued unless and until the remanded NECNP Contention I.B.2 is resolved.
We note, in this regard, that the Appeal l
l 4
ALAB-892, slip opinion at 6 n. 12.
w.
-4 Board itself suggested in ALAB-875, that the Licensing Board's merits disposition of the remanded contentions should take the form of a "supplemental partial initial decision."5 Shoald the Appeal Board issue the clarification requested by NECNP, or otherwise decline to accept NECNP's late-filed Notice of Appeal, no brief will need to be filed under 10 C.F.R. 5 2.762(b).
However, should the Appeal Board decide to grant NECNP's alternative motion for leave to file a notice of appeal out of time, that may leave very little time in which to prepare s
the supporting brief.
NECNP therefore requests that this Appeal Board issue an appropriate order deferring the briefing of NECNP's Appeal of the May 12, 1988 Order until thirty (30) days after the Appeal Board issues a decision granting NECNP's alternative motion for leave to file out of time a notice of appeal of the Licensing Board's May 12, 1988 Order.
Counsel for NECNP have numerous other obli-gations with respect to the litigation of the offsite emergency planning phase of this proceeding, litigation of NECNP's remain-ing remanded onsite safety contention on environmental qualifica-tion of the RGS8 coaxial cable, and low power authorization for Seabrook.
Such a deferral will avoid diverting counsel away from these ongoing litigation obligations to prepare a brief that this Appeal Board may subsequently decide is premature.
i 5
ALAB-875, 26 NRC 251, 276 n.
105.
{
l i
-.. ~
. In the alternative, NECNP requests that the Appeal Board expedite its consideration of NECNP's Motion for_ Clarification _
or, in the Alternative, for Leave to File A Notice of Appeal Out of Time, in order to allow counsel for NECNP adeliuate time to prepare a supporting briei' should the Board grant NECNP's alternative motion to file an appeal out of time.
Respectfully submitted,.,
5 A
Andrea Ferster HARMON & WEISS 2001 "C" Street N.W.
Suite 430 Washington, D.C.
20009 (202) 328-3500 CERTIFICATE OF SERVICE I certify that on June 3, 1988, copies of the foregoing pleading were served by first-class mail or as otherwise indi-cated on all parties listed on the attach _e.d_ service list.
C% f45-Andrea Ferster
t SEABROOK SERVICE LIST - ONSITE APPEAL BOARD Sheldon J. Wolfe, Chairman Boston, MA 02108 225 Franklin Street Sandra Gamtis l
U.S,NRC Boston, MA 02110 RFD 1, Box 1154 Washington, D.C. 20555 Stanley W. Knowles East Kensington, Nil 03827 Board of Selectmen Robert A. Backus, Esq.
Dr. Jerry Harbour P.O. Box 710 Backus, Meyer & Solomon Charles J'. Graham, Esq.
U.S. NRC North Harnpton, NH 03826 111 Lowell Street McKay, Murphy and Graham Washington, D.C. 20555 Manchester,NH 03105 100 Main Street J.P. Nadeau Amesbury, MA 01913 "Dr. Emmeth Luebke Town of Rye Gregory A. Berry, Esq.
5500 Friendship Blvd.
155 Washington Road Office of Gen. Counsel Apartment #1923N Rye, NH 03870 U.S. NRC
" Hand Delivery Chesy Chase, MD 20815 Washington, D.C. 20555
- Overnight Mail Richard E. Sullivan Mayor "Alan S. Rosenthal, City Hall R. Scott Hill-Whilton Chairman Newburyport,MA 01950 Lagoulis, Clark, Hill.Whilton U.S. NRC
& McGuire Washington, D.C. 20555 Alfred V. Sargent Chairman 79 State Street Board of Selectmen Newburyport, MA 01950 "Howard A. Wilber Town of Salisbury, MA 01950 U.S. NRC George Dana Bisbee, Esa.
Washington, D.C. 20555 Sen Gordon Humphrey Geoffrey M. Huntington, Esq.
Atomic Safety & Licensing U.S. Senate Office of the AttorneyGeneral Board Panel Washington, D.C. 20510 State House Annex U.S. NRC (Atta. Tom Burack)
Concord, NH 03301 Washington, D.C. 20555 Selectmen of Northampton Allen Lampert Atomic Safety & Licensing Northampton, NH 03826 Civil Defense director Appeal Board Panel Town of Brentwood U.S. NRC Sen. Gordon Humphrey Exeter,NH 03833 Washington, D.C. 20555 1 Eag'c Square Suite #507 Richard A. Hampe, Esq.
Docketing and Sersice Concord,NH 03301 Hampe sud McNicholas U.S. NRC 35 Pleasant Street Washington, D.C. 20555 MichaelSantosuosso Concord,NH 03301 Chairman Mrs. Anne E. Goodman Board of Selectmen Gary W. Holmes, Esq.
Board of Selectmen Jewell Street, RFD #2 Holmes & Ellis 13-15 New Market Rd.
South Hampton, NH 03842 47 Winnacunnent Road Durham, NH 03842 Ilampton, NH 03S42 Judith H. Mizner, Esq.
William S. Lord, Selectman Silverglate, Gertner, et al.
William Armstrong Town Hall -- Friend St 88 Broad Street Cisil Defense Director Amesbury,MA 01913 Boston, MA 02110 10 Front Street Exet:r, NH 03833 Jane Doughty Rep. Roberta C. Pevear SAPL Drinkwater Road Cahin A.Canney 5 Market Street Hampton Falls,NH 03844 City Manager, City Hall Portsmouth, NH 03S01 126 Daniel Street Phillip Ahrens, Esq.
Portsmouth, NH 03801 Carol S. Sneider, Esq.
Asst. Attorney General Assistant Attorney General State House, Station #6 Matthew T. Brock, Esq.
i 1 Ashburton Place Augusta, ME 04333 Shaines & McEachern 1
19th Floor P.O. Box 360
' Thomas G. Dignan, Esq.
Maplewood Avenue R.K. Gad II, Esq.
Portsmouth, NH 03801 Ropes & Gray