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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
[Table view] |
Text
_ _ - _ _ - _ _ _
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February 10, 1988 00}gETED p
UNITED STATES NUCLEAR REGULATORY COMMISSION- , .
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 'BB FEB 16 Pl217 -
) gFFICE CF SECi:OM f E4 OCKEiftg.^4vd.
In the Matter of. )
)
Public Service ~ Company of ) .
New Hampshire, et al. ) Docket No. 50-443 OL-1 VY Cl-/.
)
(Seabrook Station, Units 1 & 2) ), ONSITE EMERGENCY
) PLANNING & TECHNICAL
) ISSUES-
)
~~
NEW ENGLAND COALITION ON NUCL' EAR POLLUTION'S MOTION TO COMPEL APPLICANTS TO RESPOND TO NECNP'S SECOND SET OF ,
INTERROGATORIES AND REQUEST FOR PP.ODUCTION OF DOCUMENTS ON NECNP CONTENTION I.V. ,
Pursuant to 10 C.F.R. 5 2.740(f)(1), the New England Coali-tion on Nuclear Pollution ("NECNP") hereby moves for an order compelling Applicants to produce the document they have ,
identified in their response to interrogatory 5g), Villasor, j A.P., Jr., "Steam Generator Tube Plugging Margin Analysis for the Seabrook Nos. 1 & 2 Nuclear Power Plants", WCAP 10413, Westing-house Nuclear Energy Systems, Pittsburgh, Pa., November 1983.
Applicants have objected to produe:ing this document on the grounds that it contains informathn "proprietary" to Western Electric Corporation, and have refused to produce it until NECNP agrees to an "appropriate protective order".1 i
1 Egg APPLICANTS' RESPONSES TO NEW ENGLAND COALITION ON l NUCLEAR POLLbrIONS'S SECOND SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO APPLICANTS ON NECNP CONTENTION I.V. at 7 (January 26, 1988).
i
?
8802180055 PDR ADOCK
% O2PDR43 -t G
0
( 3)5 l
2 Ir Applicants refusal to produce this document is without i basis. First, Applicants have failed to apply for a protective
[ order under 10 C.F.R. 5 2.740(c). Ege 10 C.F.R. 5 2.740(f) (1) .
[ More importantly, Applicants have failed to meet their burden of proof of establishing that a protective order is indeed
~
i appropriate in this instance.
i-F Before Applicants can legitimately refuse to produce a docu-ment requested by NECNP on grounds that it is objectionable, as Applicants have done here, they must first seek a protective t
order from this Board. 10 C.F.R. 5 2.740(f) (1) . Simply stating that the requested discovery is objectionable is no excuse for failure to produce the document. See In the Matter of Illinois E
} Power Q22, (Clinton Power Station, Unit 1), 14 NRC 1735, 1738 y (1981). At the very least, Applicants must set forth with specificity the basis for their objection to a particular docu-f ment, including the document claimed to be privileged, the type h of privilege asserted, and the precise reasons why they believe the privilege applies to the document. Applicants must set forth all of the matters necessary to establish "good cause" for the
}
f issuance of a protective order. In the Matter of Lona Island Lichtina Co. (Shoreham Huclear Power Station, Unit 1), Docket No.
50-322-OL (Emergency Planning), 16 NRC 1144, 1153 (1982).
Applicants have not set forth the necessary information in b
m .
- this instance. In their response to NECNP's interrogatories and :
document request, Applicants object to production of the steam generator tube plugging document on the grounds that the document contains information "proprietary" to Westinghouse Electric Corp.
We note that the Commission regulations do not identify "proprie-tary" information as one of the classes of "privilege" entitling a party to a protective order. 10 C.F.R.'$ 2.740(c).
Presumably, Applicants are claiming a privilege based on trade secrets or other confidential research, development, or commercial information. 10 C.F.R. $ 2.740(c) (6) . Before Applicants are entitled to some protection for the release of documents which allegedly contain such information, however, Applicants must carry their burden of proving that the documents claimed to be in need of protection are actually within the scope of the claimed privilege. See, e.a., ggnturion Industries. Inc.
- v. Warren Steurer & Associates, 665 F.2d 323, 325 (10th Cir.
1981).2 To demonstrate privilege based on trade secrets or other 2 As between all parties except the staff, the legal authorities and court decisions pertaining to the Federal Rules ,
of Civil Procedure pr' ovide appropriate guidelines for interpret-ing NRC discovery rules. Allied-General Nuclear Services, (Barn-well Fuel Receiving and Storage Station), LBP-77-13, 5 NRC 489 (1977); In the Matter of Lona Island Lichtina Co. (Shoreham Nuclear Power Station, Unit 1), Docket No. 50-322-OL (Emergency '
- Planning), 16 NRC 1144, 1157 (1982)..
' t 4
i
4-confidential research,_ development, or commercial information,
- first, Applicants must demonstrate that the particular document to be protected is actually a confidential document of some sort.
See, e.a., Centurion Industries. Inc. v. Warren Steurer & Associ-ates, 665 F.2d at 325; Zenith Radio Corn. v. Matsushita Electric Industries Co., 529 F. Supp. 866, 889-90 (E.D. Pa. 1981).
Applicants must show that the document for which they seek a pro-tective order not only contains "information of the type customarily held in confidence by its originator but also (that) there is a ' rational basis' for so treating it." In the Matter of Kansas Gas and Electric Co. (Wolf Creek Nuclear Generating Station, Unit No. 1), STN 50-482, 3 NRC 408, 417 (1976). Second, Applicants must show that they (or Westinghouse Electric Corpora-tion) will suffer a clearly defined and very serious injury to their competitive position if disclosure is not protected in some way. Idz; Citicoro v. Interbank Card Association, 478 F. Supp.
756, 765 (S.D.N.Y. 1979). Conclusory assertions and assertions of counsel alone are inadequate to satisfy Applicante' burden under the regulations. See, e.qt, Hunter v. International Sys-tems & Controls Coro., 51 F.R.D. 251 (W.D. Mo. 1970); Technical Taoe Coro. v. Minnesota Mininc & Manufacturina Co., 18 F.R.D. 318 (S.D.N.Y. 1955); see also In the Matter of Kansas Gas and Elec-tric Co. (Wolf Creek Nuclear Generating Station, Unit No. 1), STN 50-482, 3 NRC 408, 417-18 (1976) ; In the Matter of Vircinia Elec-tric and Power Co., (North Anna Nuclear Power Plant, Units 1 &
p;j. - ~ - , .
F 2), 10 NRC 23,-26-28 (1979).
Finally, Applicants must also show that the harm they will suffer from disclosure outweighs the public interest and common law presumption that the public should have access to all dis-covery materials. ERR In re coordinated Pretrial Proceedinas in Petroleum Products Antitrust Litlaation, 101 F.R.D. 34 (C.D. Cal.
1984) (plaintiffs and intervenor publisher sought lifting of seal on pretrial materials submitted in number of consolidated antitrust proceedings against major oil companies). There is a strong public interest in conducting all phases of adjudicatory l
hearings in a manner which is as open as possible to public scru-tiny. That interest is disserved by placing "a veil of secrecy over some aspect of a licensing proceeding in the absence of a concrate indication that it was necessary to do so to avoid sig-nificant harm to a competing, equally cognizable interest." In the Matter of Kansas Gas and Electric Co. (Wolf Creek Nuclear Generating Station, Unit No. 1), STN 50-482, 3 NRC 408, 417 i l
(1976) (footnote omitted) . Only trade secrets or material so com-mercially sensitive that disclosure would cause more harm to l
Applicants than nondisclosure would cause to the public interest should not be made publically available.
l l Applicants have'not made even the threshold showings neces-I sary to establish entitlement to a protective order. The simple statements made by Applicants that this document contains information "proprietary" to Westinghouse give no indication as l !
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s es,e* > enee==- g * - =,.se....e-w.- ,. ..
- + e-c+ ---e g -- -- . ., . ~ -
- m. ,_ - w -
i
,' .6-to why this prec%se document should be protected from normal pub-lic disclosure. There is no indication that this document con-tains actual trade secrets or other confidential information nor of what harm Applicants or Westinghouse Corporation might suffer from public disclosure. Applicants have not even submitted an affidavit from an individual with personal knowledge attesting to the nature of confidential information at issue. Egg In the_ Mat-ter of Kansas Gas and Electric Co. (Wolf Creek Nuclear Generating Station, Unit No. 1), STN 50-482, 3 NRC 408, 417-18 (1976); In the Matter of Vircinia Electric and Power Co., (North Anna Nuclear Power Plant, Units 1 & 2), 10 NRC 23, 26-28 (1979).
The public interest clearly favors public access to dis-covery documents in this instance because the steam generator tube inspection contention raises serious issues concerning the safety of the Seabrook plant. It is precisely because of the importance of public participation in and involvement with licensing proceedings that interested parties are allowed to lit-igate contentions about safety issues in the first instance.
Accordingly, because Applicants have failed to make the req-uisite showing that they are entitled to a protective order, NECNP respectfully requests an order from this Board compe) ling them to produce Villasor, A.P., Jr., "Steam Generator Tube Plug-ging Margin Analysis for the Seabrook Nos. 1& 2 Nuclear Power
6 '
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i 3
Plants", WCAP 10413, Westinghouse Nuclear Energy Systems, l Pittsburgh, Pa., November 1983, identified in Applicants' l
l response to interrogatory Sg).
I
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1 Respectfully submitted, Anne Spielberg HARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009 (202) 328-3500 CERTIFICATE OF SERVICE I certify that on February 10, 1988, copies of the foregoing pleading were served by first-class mail on all parties listed on the attached service list.
[lsa Ahne Spielbefg L._______ _ _ _ _ _ _ _ _ __ _ __ _ . _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ . . _ _ _ _ _ _ _ _ _ .
r-v C 0C hE T CC*
Uwkc SEABROOK SERVICE LIST - ONSITE LICENSING BOARD Sheldon J. Wolfe, Chairman North Hampton, NH 03S26 111 LowellStreet Atomic Safety and Licensing Manchester,NH 03105 Charles P. Graham, Esq.
Board J.P. Nadeau McKay 'and Graham < r
% A byICf.
Town of Rye Greg Bery 100 U.S. NRC Washington,D.C. 20555 155 Washington Road NRC Amesbury, h Rye,New Mr.mpshire 03870 1155 Rockvdle Pike Dr. Jerry Harbour 1 White Flint North Atomic Safety and Licensing Richard E. Sullivan, Mayor Rockvdle,MD 20852 Board City Hall U.S. NRC Newburyport,MA 01950 Mr. Angie Machiros, Washington, D.C. 20555 Chairman Alfred V. Sargent, Chairman Town of Newbury Dr. Emmeth A. Luebke Board of Selectmen Town Hall,25 High Road 5500 Friendship Blvd. Town of Salisbury,MA 01950 Newbury,MA 01951 Apartment 1923N ChesyChase,MD 20815 Senator Gordon J. Humphrey George Dana Bisbee, Esq.
U.S. Senate Geoffrey M. Huntington, Esq.
Atomic Safety and Licensing Washington, D.C. 20510 Office of the Attorney General Board Panel (Attn. Tom Burack) State House Annex U.S. NRC Concord,NH 03301 Washington,D.C. 20555 Selectmen of Northampton Northampton, New Hamp- Allen Lampert Atomic Safety and Licensing shire 03826 CidlDefense Director Appeal Board Panel Town of Brentowood U.S. NRC Senator Gordon J. Humphrey Exete.r, NH 03833 Washington, D.C. 20555 1 Eagle Square, Ste 507 Concord,NH 03301 Richard A. Hampe, Esq.
Dock', ting and Service Hampe and McNicholas U.S. NRC Michael Santosuosso, 35 Pleasant Street Washington, D.C. 20555 Chairman Concord,NH 03301 Board of Selectmen Mrs. Anne E. Goodman Jewell Street, RFD # 2 Gary W. Holmes, Esq.
Board of Selectmen South Hampton,NH 03842 Holmes & Ellis 1315 New Market Road 47 Winnacunnent Road Durham,NH 03S42 Judith H. Mizner, Esq. Hampton,NH 03842 Silverglate, Gertner, et al.
William S. Lord, Selectman 88 Broad Street Wilham Armstrong Town Hall- Friend Street Boston,MA 02110 CivilDefense Director Amesbury,MA 01913 10 Front Street Rep. Roberta C. Pevear Exeter,NH 03833 Jane Doughty Drinkwateriuad Hampton, Falls, NH 03844 CaMn A. Canney SAPL 5 Market Street City Manager Portsmouth,NH 03S01 Phillip Ahrens, Esq. City Hall Assistant Attorney General 126 Daniel Street Carol S.Sneidct, Esquire State House, Station # 6 Portsmouth,NH 03801 Assistant Attorney General Augusta, ME 04333 1 Ashburton Place,19th Floor Matthew T. Brock, Esq.
Boston,MA 02103 Thomas G. Dignan, Esq. Shaines & McEachern R.K. Gad II, Esq. P.O. Box 360 Stanley W.1;nowles Ropes & Gray Maplewood Ave.
Board of Selectmen 225 Franklin Street Portsmouth,NH 03801 P.O. Box 710 J - r C. ' Boston, MA 02110 - . _ . ..
Sandra Gavutis Robert A. Backus, Esq. RFD 1 Box 1154 Backus, Meyer & Solomon East Kensington, NH 03S27