ML20196A697
| ML20196A697 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/09/1988 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#288-6591 OL-1, NUDOCS 8806300086 | |
| Download: ML20196A697 (7) | |
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NUCLEAR REGULATORY COMMISSION 1:.
W B EFO R E T H E AT OMIC S A FET Y A N D LICENSIN G APPE Albrnet..80 e
In the Matter of
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Docket Nos. 50-443 OL-01
'PVBLIC SERVICE COMPANY OF 50-444 OL-01 N E W H A M PS HIR E, et al.
(On-site Emergency) Planning l
and Safety Issues (Seabrook Station, Units 1 and 2) 1 NRC STAFF RESPONSE TO ATTORNEY GENER AL JAMES-M SH ANNON'S MOTION FOR LE AVE TO FILE SUPPLEMENT TO WAIVER PETITION
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Gregory Alan Berry Counsel for N R C Staff June 9,1988 r
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V UNITED ST ATES OF AMERIC A NUCLE AR REGUL ATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BO ARD In the Matter of
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Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF 50-444 OL-01 N E W H A M P S H IR E, ej g.
(On-site Emergency) Planning and Safety Issues (Seabrook Station, Units 1 and 2)
NRC STAFF RESPONSE TO ATTORNEY GENER AL J AMES M. SH ANNON'S MOTION FOR LE AVE TO FILE SUPPLEMENT TO WAIVER PETITION Gregory Alan Berry Counsel for N R C Staff Ju ne 9,1988
l P5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATONIC SAFFTY AND LICENSING APPEAL BOARD In the Matter of Docket Nos.
50-443 OL-01 PUBLIC SERVICE COMPANY OF 50-444 OL-01 NEW HAMPSHIRE, et al.
On-site Emergency Planning and Safety Issues (Seabrook Station, Units 1 and 2)
NRC STAFF RESPONSE TO ATTORNEY GENERAL JAMES M. SHANNON'S MOTION FOR LEAVE TO FILE SUPPLEMENT TO WAIVER PETITI0h INTRODUCTION On June 2,
1988, the Attorney General for the Commonwealth of Masschusetts ("AG) filed a motion for leave to supplement his petition for a waiver of the Commissions financial qualification rules with two documents dated May 26, 1988, one entitled "Strategic Plan of Action," and the other "Seabrook Option Analysis."
These documents were prepared by the General Manager of the Massachusetts Municipal Wholesale Electric Company ("MPWEC").
MMWEC is the fourth largest co-owner of the Seabrook Station.
In these reports the MMWEC General Manager recomnends, inter alia, that MMWEC "not make the current payment due on June 2, 1988 towards the ongoing costs of the Seabrook Plant." See Strategic Plan of Action at 8.
The Staff dees not oppose the AG's request that these documents be included in the record.
The Staff notes, however, that for the reasons stated in its March 29, 1988 brief, the documents proffered by the AG do not, singly or in conjunction with any of the other information in the
. record, make cut a prima facie case that application of the regulations at issue would not serve their intended purpose.
In other words, the AG's filing does net demonstrate that in the event the Seabrook Station is authorized to operate at full power, Applicants will not be able to recover the costs of operating the facility threugh the rate raaking process.
As the Staff has noted, in the absence of such.... awing, a waiver of or exception from the Consnission's financial qualification rules is not warranted.
The AG's oetition for waiver should be dismissed.
P e tfully submitted, 1 (S Axx k
Lt 6< ry Gre. ry CounselQrNRLStaff Dated at Rockville, Maryland this 9th day of June 1988.
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corette tutsi(C UNITED ST ATES OF AMERIC A NUCLEAR REGUL ATORY COMMISSION
.a; 3 23 P4 :31 B EFO R E T H E _ A T O MIC S A FE T Y A N D LIC E N SIN G A PPE A L B O A RgEgSp!g.jy ERuu In the Matter of Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF 50-444 OL-01 NEW H AMPSHIRE, et al.
On-site Emergency Planning
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and Safety Issues (Seabrook Station, Units I and 2)
,C E R_TIFIC A T E OF SE R VIC E I hereby certify that copics of "N R C STAFF RESPONSE TO YTORNEY GENERAL JAMES M.
S H A N N O N'S MOTION FOR LEAVE TO FIL E SUPPI EMEN T TO W AIV E R PETITION" in the a bove-ca ptioned proceeding have been served on the following by deposit in the United States mail, first class or, es indicated by an asterisk, by deposit in the Nuclear Regulatory Ccmmission's internal mail system, this 9th day of June 1988.
Sheldon J. Wolfe, Esq., Chairman
- Atomic Safety and Licensing Administrative.'ud ge Board
- Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissior.
Washington, D C 20555 Washington, DC 20505 Dr. Jerry Harbour
- Docketing and Service Section*
Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 2C555 Dr. Emmeth A. Luebke T homas G.
- Dignan, Jr.,
Esq.
Administrative Judge Robert K. Gad, I!!, Esq.
4515 Willard Avenue Ropes & Gray Chevy Chase, Marylend 20815 225 Fr.inklin Street Boston, M A 02110 Atomic Safety and Licensing H. J. Fly n n, E s q.
Appeal Panel
- Assistant General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Agency Washington, D C 20555 500 C Street, SW Vasnington, DC 20472
., (.p Philip Ahren, Esq.
Calvin A. Canney Assistant Attorney General City Hall Office of the Attorney General 126 Daniel Street State House Station Portsmouth, N H 03801 Augusta, ME 04333 Mr. Angie Machiros, Chairman Carol S. Sneider, Esq.
Board of Selectmen Assistant Attorney General 25 High Road Office of the Attorney General Newbury, M A 09150 One Ashburton Place,19th Floor Boston, M A 02108 George Dana Bisbee, Esq.
Allen Lampert Assistant Attorney General Civil Defense Director Office of the Attorney General Town of Brentwood 25 Capitol Street 20 Franklin Concord, NH 03301 Exeter, N H 03833 Ellyn R. Weiss, Esq.
William Armstrong Diane Curran, Esq.
Civil Defense Director Harmon & Weiss Town oF Exeter 2001 S Street, N W 10 Front Street Suite 430 Exeter, N H 03833 Vashington, D C 20009 Robert A. Backus, Esq.
Gary W. Holmes, Esq.
Backus, Meyer & Solomon Holmes & Ellis 116 Lowell Street 47 Winnacunnet Road Manchester, N H 03106 Hampton, N H 03842 Paul McEachern, Esq.
J. P. Nade Matthew T. B rock, Esq.
Board of Selectmen i
Shaines & McEachern 10 Central Street l
25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 l
Judith H. Mizner, Esq.
Charles P. Graham, Esq.
Silverglate, Gertner, Baker, McKay, Murphy & Graham Fine & Good 100 Main Street 88 Board Street Amesbury, M A 01913 Boston, M A 02110 l
Sandra Gavutis, Chairman Robert Carrigg, Chairman Board of Selectmen Board of Selectmen l
R F D #1, Box 1154 Town Office l
Kensington, N H 03827 Atlantic Avenue North Hampton, NH 03870 William S. Lord Peter J. Matthews, Mayor Board of Selectmen City Hall
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Town Hall - Friend Street Newburyport, M N 09150 A mesbury, M A 01913 i
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- .- p, Prs. Anne E. Goodman, Chairman Michael Santosuosso, Chairman I
Board of Selectmen Board of Selectmen 13-15 Newmarket Road South Hampton, NH 03827 Durham, NH 03824 Hon. _Gordon J. Humphrey Ashod N. Amirian, Esq.
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. United States Senate Town Counsel for Merrimac 531 Hart Senate Office Building 376 Main Street Washington, DC 20510 Haverhill, M A 08130 I
UMu&bn~n
'~ Gregory Alap fierry 1
Counsel for WR C Stoff l
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