ML20155H333

Memorandum & Order (Re Limited Participation).* Town of Salisbury May Litigate Re Specified Contentions & Excused from Participating in Litigation of Other Contentions for Remainder of Proceeding.Served on 881017

ML20155H333
Person / Time
Site:	Seabrook
Issue date:	10/17/1988
From:	Smith I Atomic Safety and Licensing Board Panel
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PUBLIC SERVICE CO. OF NEW HAMPSHIRE, SALISBURY, MA
References
CON-#488-7284 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8810200025
Download: ML20155H333 (2)

Text

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7$IY LB 10/.1.7/83 UNITED STATES OF AMERICA . 2 "i h P'

• NUCLEAR REGULATORY COMMISSION ,

1 ATOMICSAFETYANDLICENSINGThR Before Administrative Judgem:.u. " 1 Ivan W. Smith, Chairman COCE V ' " 9 " ' ',' ,

i Gustave A. Linenberger, Jr. D*"

Dr. Jerry Harbour SERVED 0CT 1719BB

)

In the Matter of ) Docket Nos. 50-443-OL +

) 50-444-OL PUBLIC SERVICE COMPANY OF )

NEW HAMPSHIRE, 21 al. (ASLBP No. 82-471-02-OL)

) (Offsite Emergency (Seabrook Station, ) Planning)

)

Units 1 and 2) )

) October 17, 1988 MEMORANDUM AND ORDER (Recardino Limited Particication)

As the Board announced during the Prehearing Conference in August, we will excuse any party from litigating any SPMC contentions they specify as being not in their respective interests to litigate. This will not affect their position an a party to this proceeding. Tr. 14291. The Town of Salisbury has decided to limit its participation to the litigation of only 5 of the 63 SPMC contentions. The Totn may litigate (its., present evidence, examine witnesses, etc.) with regard to those contentions it specif.ies, and it is excused from participating in the litigation of the other contentions for the remainder of the proceeding.

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It is the limited participants' duty, and not the Board's, to determine when something is occurring that affects them. Excused participants must accept the proceeding as it develops in their absenco. The Board suggests that limited participants make arrangements with someone at the hearings to keep them abreast of their respectivo interonts. Tr. 14291.

An order approving limited participstion status relates only to contention litigation and the respectivo party's presence at the hearing. Excusing a party from full participation does not in itself exclude it frem responding to discovery requests.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

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g !' Ivan W. M SU(ith, Chairman ADMINISTRATIVE LAW JUDGE Bothesda, Maryland October 17, 1988