ML20199B393
| ML20199B393 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/10/1986 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-576 OL, NUDOCS 8606170128 | |
| Download: ML20199B393 (4) | |
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0 ISf Filed: June 10,1986 J
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UNITED STATES OF AMERICA u.
M$1619866 "
NUCLEAR REGULATORY COMMISSION 9'"
. cr;:c a ha;L., ' I II:nuca "i^"RC before the cy ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW H AMPSHIRE, et al 50-444 OL (Seabrook Station, Units 1 and 2)
(Off-Site EP)
MOTION TO DISMISS THE APPLICATION FOR UNIT 2 NOW COMES the Seacoast Anti-Pollution League, an intervener in the above-captioned matter, and respectfully moves that the Atomic Safety and Licensing Board i
dismiss the application for an operating license for Seabrook Unit 2, the subject of Docket 50-444, and in support hereof states the following:
1.
Pursuant to 10 CFR 50.57(a) an operating licer.se may be issued by the Commission upon finding that:
(1).
" Construction of the facility has been substantially completed, in conformity with the construction permit, the application as amended, the provisions of the Act, and the rul< s and regulations of the Commission...;"
2.
Construction of Seabrook Unit 2 has been suspended since April of 1984.
Pursuant to the 1985 Form 10-K filed by the lead owner, Public Service Company of New Hampshire, "there continues to be no viable plan for the completion of construction of Unit 2," and " resumption of construction by the present joint owners is extremely unlikely."
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Another Seabrook owner, New England Power Company, subsidiary of the New England Electric System, reports in its 1985 annual report that it " believes that Seabrook 2 was effectively cancelled and is seeking recovery of its investment as a property loss in a rate proceeding before the FERC."
4.
Although utility owners have not been currently giving estimates of degree of' completion of Seabrook 2, a Public Service Company prospectus dated November 14, 1983, issued about one month before the owners voted a slow down on Unit 2, and five months before the total cessation of construction on Unit 2, stated that as of September 30,1983, "Seabrook Unit 2 was estimated to be about 26 percent complete." (The same prospectus had estimated Unit 1, as of September 30,1983, to be 85 percent complete.")
5.
At the present time, therefore, Seabrook Unit 2 can neither be described as "substantially completed" within the meaning of 10 CFR 50.57(a)(1), nor can the applicants claim any intention to bring it to a state of substantial completion. The application for an operating license for Unit 2 should, therefore, be dismissed.
Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE, BY Its Attorney,
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Robert /A.~ Backus BACKUS, MEYER & SOLOMON P. O. Box 516 Manchester, NH 03105 (603) 668-7272 f,
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4, I hereby certify that copies of the enclosed Motion have been sent to all parties on the enclosed service list.-
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/'Ro6ert 'A. Backus 4
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CERTIFICATE OF SERVICE AND SERVICE LIST Jose Asst.Gn.Cnsl.
Helen Hoyt. Chm.
Fed. ph FlynnAfgmt. Agcy.
Admn. Judge Ropes & Gray Thomas Dignan, Esq.*
Emerg.
500 C.St. So. West Atomic Safety & Lic Brd.
225 Franklin St.
Washington, DC 20472 USNRC Boston, MA 02110 Washington, DC 20555 Office of Selectmen Dr. Jerry Harbour
- Docketing & Serv. Sec.
- Town of Hampton Falls Admin. Judge Office of the Secretary llampton Falls, NH 03844 Atomic Safety & Lic Brd.
USNRC USNRC Washington, DC 20555 Washington, DC 20555 j
Shegvin E. Turk, Esq.
Dr. Emmeth A.
Luebke Jane Doughty Office of Exec. Legl. Dr.
Admin Judge SAPL S
C Atomic Safety & Lic. Brd.
5 Market Street Wahsington, DC 205 _
USNRC Portsmouth, NII 03801 Washington, DC 20555 Phillip Ahrens, Esq.
Paul McEachern, Esq.
George Dana Bisbee, Esq.
Asst. At.ty. General Matthew Bmck, Esq.
Attorney General's OFF.
State House, Sta. #6 25 Maplewood Ave.
State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsnouth, NH 03801 4
Caul Sneider, Esq., Asst. AG Diane Curran, Esq.
William S. Lord One Ashburton Place, Harmon, Weiss Board of Selectmen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.
Boston, MA 02108 Washingcon,.DC 20009 Amesbury, MA 01913 Richard A. Hampe, Esq.
Maynard Young, Chairman Sandra Gauvutis
'New Hampshire Civil Defense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Hanpa & McNicholas Rye, NH 03870-East Kensington, NH 03827 35 Pleasant St.
Uoncord, NI 03301 Edwnrd Thomas Mr. Robert Harrison i
FDIA Pres, & Olief Exec. Officer 442 J.W. McCormack (POCH; PSCO Boston, MA 02109 P.O. Box 330 Manchester, NH 03105 Roberta Pevear State Rep.-Town of Hanpt Falls Drininvater Road Hanpton Falls, NH 03S44 I
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