ML20197D981
| ML20197D981 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/24/1988 |
| From: | Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6411 OL-1, NUDOCS 8806080046 | |
| Download: ML20197D981 (4) | |
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May 2 4, 1988 00ffEIC gC UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFHCE a UUj ua.
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00CXEhsc i. 3ERViU In the Matter of
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Public Service Company of
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New Hampshire, et al.
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Docket Nos. 5 0-443 OL-1
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5 0-4 4 4 OL-1 (Seabrook Station, Units 1 & 2)
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ONSITE EMERGENCY
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PLANNING & TECHNICAL
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ISSUES NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOR EXTENSION OF TIME TO REPLY TO APPLICANTS' SUGGESTION OF MOOTNESS On May 19,1988, Applicants filed a "Suggestion of Moot-ness," along with supporting affidavits, requesting that the Licensing Board enter an order finding that the issue of environ-mental qualir'ication of RG-58 coaxial cable (NECNP Contention I.B.2), now pending before this Board, is moot.
On May 2 3, 1988, the Licensing Board issued an order, by telephone, g ranting New England Coalition on Nuclear Pollution ("NECNP") until June 3, 1988 to file its response to this motion.
NECNP respectfully requests an extension of its time to respond to Applicants' motion.
An extension is warranted for two reasons.
Fi r s t, NECNP's expert consultant, Mr. Ro ber t D.
Pollard, is out of town, and is unavailable until June 1st.
NECNP r equires Mr. Pollard's assistance to review the technical information presented in Applicants' motion.
It should be noted 8806080046 eB0524 ADOCK 05000gg3 DR
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.T 2-in this context that Applicants' motion includes some entirely new factual allegations.
Applicants have also submitted a sub-stantial amount of new information purporting to verify some of their earlier assertions.
An extension is necessary to provide NECNP with adequate time to study Applicants' motion and support-ing affidavits, consult with its expert, and prepare its own response and supporting af fidavits, as required by ALAB-891.1 Morcover, Applicants' "Suggestion of Mootness" is, in effect, = summary disposition motion, since it requests the Board to take dispositive action based on the submission of factual information.
If granted, it would result in dismissal of a pend-ing, contested safety issue.
Under 10 C. F. R. S
- 2. 7 4 9(a ), oppos-ing parties may serve an answer to a summary disposition motion within twenty (20) days after the service of the motion.2 NECNP believes that, given the significance and potentially dispositive impact of Applicants' motion, as well as the technical complexity of the issues involved, a comparable response poriod would be most appropriate in this instance.
Therefore, NECNP requests that the response schedule be extended one week to allow until June 9th to respond to Applicants' "Suggestion of Mootness."3 1
A LAB-8 91, slip opinion, at 24.
2 This should not be read as any admission that it is Oppropriate to entertain summary disposition-type motions at this point in tne proceeding.
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- Counsel for Applicants and the NRC Staff have been contacted -
by telephone regarding this extension.
Applicants have informed counsel for NECNP that they oppose the requested extension.
The NRC Staff has stated that they have no objections to the Board's granting of this extension.
Respectfully submitted,
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Andrea Fe rster Diane Curran HARMON & WEISS 2 001 "S" St reet N.W.
Su ite 4 3 0 Washington, D.C.
20009 (202) 328-3500 CERTIFICATE OF SERVICE I certify that on May 24, 1988, copies of the foregoing Motion were served on the parties to the attached service list by first-class mail, or as otherwise indicated on the attached ser-vice list.
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Andrea Fe rster 3
This allows a response period of 21 days.
Be cause of Mr. Pol-lard's unavailability, however, the time for preparing opposing affidavits would be less than two weeks.
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SEABROOK SERVICE LIST - ONSITE LICENSING BOARD
'Sheldon J. Wolfe, Chairman 155 Washington Road Office of General Counsel U.S. NRC Sye, New Hampshire 03870 U.S. NRC Washington, D.C. 20555 Washington, D.C. 20555 Richard E. Sullivan, Mayor
- By hand
'Dr. Jerry Harbour City Hall R. Scott Hill-Whilton U.S. NRC Newburyport,MA 01950 Lagoulis, Clarck, Hill-Whilton
" By Overnight Mail Washington, D.C. 20555
& McGuire Alfred V. Sargent, Chairman 79 State Street
'Dr. Emmeth A. Luebke Board of Selectmen Newburyport, MA 01950 5500 Friendship Blvd.
Town of Salisbury, MA 01950
.\\partment 1923N George Dana Bisbee, Esq.
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Chesy Chase, MD 20815 Senator Gordon J. Humphrey Geoffrey M. Huntington, Esq.
p 12 U.S. Senate Office of the Attorney General G.,
c3 Atomic Safety and Licensing Washington, D.C. 20510 State House Annex mp.
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$8 Board Panel (Atta. Tom Burack)
Concord, NH 03301 b-E
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.o Washington, D.C. 20555 Selectmen of Northampton Allen Lampert Northampton, New Hamp-Civil Defense Director u
Atomic Safety and Licensing shire 03826 Town of Brentowood T.
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Appeal Board Panel Exeter, NH 03833 U.S. NRC Senator Gordon J. Humphrey Washington, D.C. 20555 1 Eagle Square, Ste 507 Richard A. Hampe, Esq.
Concord,NH 03301 Hampe and McNicholas Docketing and Service 35 Pleasant Street U.S. NRC Michael Santosuosso, Concord, NH 03301 Washington, D.C. 20555 Chairman Board of Selectmen Gary W. Holmes, Esq.
Mrs. Anne E. Goodman Jewell Street, RFD # 2 Holmes & Ellis Board of Selectmen Sonth Hampton, NH 03S42 47 Winnacunnent Road 13-15 New Market Road Hampton,NH 03842 Durham,NH 03842 Judith H. Mizner, Esq.
Silverglate, Gertner, et al.
William Armstrong Cidl Defense Director William S. Lord, Selectman 88 Broad Street Town Hall - Friend Street Boston, MA 02110 10 Front Street Amesbury,MA 01913 Exeter, NH 03833 Rep. Roberta C. Pevear Jane Doughty Drinkwater Road Calvin A. Canney SAPL Hampton, Falls, NH 03844 City Manager 5 Market Street City Hall Portsmouth, NH 03801 Phillip Ahrens, Esq.
126 Daniel Street Assistant Attorney General Portsmouth, W 03S01 Carol S. Sneider, Esquire State House, Station # 6 Assistant Attorney General Augusta, ME G4333 Matthew T. Brock, Esq.
1 Ashburton Place,19th Floor Shaines & McEachern Boston, MA 02108 "Thomas G. Dignan, Esq.
P.O. Box 360 R.K. Gad II, Esq.
Maplewood Ave.
Stanley W. Knowles Ropes & Gray Portsmouth, NH 03801 Board of Selectmen 225 Franklin Street P.O. Box 710 Boston, MA 02110 Sandra Gavutis North Hampton, NH 03826 RFD 1 Box 1154 Robert A. Backus, Esq.
East Kensington, NH 03827 J.P. Nadeau Backus, Meyer & Solomon Town of Rye 111 Lowell Stre:t Charles P. Graham, Esq.
Manchester,NH 03105 McKay, Murphy and Graham 100 Main Street
- Gregory A. Berry, Esq.
Amesbury,MA 01913