ML20203L452
| ML20203L452 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/21/1986 |
| From: | Bellotti F, Sneider C MASSACHUSETTS, COMMONWEALTH OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#386-457 OL, NUDOCS 8608260267 | |
| Download: ML20203L452 (7) | |
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00LKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 86 Am 25 A11:01 ATOMIC SAFETY AND LICENSING APPEAL BOARD OFFICE OF Silf tiAPY 00CKETg}ERVICI.
BEFORE ADMINISTRATIVE JUDGES:
Alan S. Rosenthal, Chairman Gary J. Edles Howard A. Wilber
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In the matter of
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Docket Nos.
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50-443-OL PUBLIC SERVICE COMPANY OF
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50-444-OL NEW HAMPSHIRE, et al.
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(Seabrook Station, Units 1 and 2)
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(Off-Site EP)
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August 21, 1986 RESPONSE OF ATTORNEY GENERAL FRANCIS X.
BELLOTTI TO APPEAL BOARD ORDER DATED AUGUST 11, 1986 Attorney General Francis X.
Bellotti hereby submits his response to the Atomic Safety and Licensing Appeal Board's Memorandum and Order dated August 11, 1986.
In keeping with his position previously stated to this Board in his appeal of the Licensing Board's Order of April 29, 1986 dismissing the Attorney General's contention, Attorney General Bellotti submits that it would be appropriate at this time for the Board to grant an interlocutory appeal of the Licensing Board's April and May orders.
Nevertheless the Attorney General is concerned that the briefing and arguing of such appeals do not conflict with the hearing schedule now established for the remaining contested safety and on-site emergency planning issues, or with 8608260267 860821 ADOCK05000g3 PDR i9:gr]
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.,7 the hearing schedule not yet established for the off-site emergency planning issues.
The Attorney General therefore requests that if this Board should decide to grant appeals at this time of the Licensing Board's April and May orders that it either do so after the conclusion of the scheduled hearings on the safety and on-site emergency planning issues or that it direct that such hearings (along with the discovery and filing of testimony) be postponed until after the briefing and argument of these appeals.
With respect to the off-site hearing schedule, Attorney General Bellotti similarly requests that if this Board should decide to now hear these appeals that it direct the Licensing Board to postpone the hearing schedule on the New Hampshire emergency response plans (including the filing of new contentions) until after these appeals are heard.
New Hampshire has informed the parties that it intends to submit a substantially revised RERP to FEMA and the parties on August 25, 1986.
Although the Licensing Board has not yet established a new hearing schedule, presumably contentions on this new RERP will be due by the end of September (30 days after the filing of the RERP).
Not knowing yet the extent of the revisions to the New Hampshire RERP which will be submitted ou August 25, or whether the Licensing Board will then order the refiling of all contentions as it did in January, 1986, it may also be appropriate for this Appeal Board to defer any appeals on contentions until after _ _ _ _ _ _ _ _ - _ _ _
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e the parties have had an opportunity to file new contentions on the revised RERP and the Licensing Board has ruled on such contentions (assuming that the rest of the hearing schedule on-the off-site planning issues could then be deferred pending the appeals).
Respectfully submitted, FRANCIS X.
BELLOTTI By:
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Carol S.
Sneider Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated:
August 21, 1986 l
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DOLMETED USNBC UNITED STATES OF AMERICA NUCLEAR PEGULATORY COMMISSION 1M M 25 N1 :01 0FFICE 0r u t.. si r 00CKETittb i J Rvh:f.
In the Mattee of
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PUBLIC SERVICE COMPANY OF NEW
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Docket No.(s) 50-433/444-OL HAMPSHIRE, ET AL.
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(Seabrook Station, Units 1 and 2)
)
)
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CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on August 21, 1986 I made service of the within document by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk by express mail, or by a double asterisk by hand delivery,to:
- Alan S. Rosenthal, Chairman
- Gary J.
Edles Atomic Safety & Licensing Appeal Atomic Safety & Licensing Appeal Board Board U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building Third Floor Mailroom Third Floor Mailroom 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814
- Howard A. Wilber
- Helen F.
Hoyt, Chairperson l
Atomic Safety & Licensing Appeal Atomic Salety & Licensing Board Board U.S.
Nuclear Regulatory Commission U.S. Nuclear Regulatory East West Towers Building Commission Third Floor Mailroom East West Towers Building 4350 East West Highway Third Floor Mailroom Bethesda, MD 20814 4350 East West Highway Bethesda, MD 20814
N Dr. Emmeth A. Luebke Dr. Jerry Harbour AL0mic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building Third Floor Mailroom Third Floor Mailroom 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD*20814 Dr. Jerry Harbour
- Sherwin E. Turk, Esq.
Atomic Safety & Licensing Board Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor Third Floor Mailroom 7735 Old Georgetown Road 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814
- H.
Joseph Flynn, Esq.
- Stephen E.
Merrill, Esq.
Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee, Esq.
F e d e r a l-E m e r g e n c y M a n a g e m e n t Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street I
Washington, DC 20472 Concord, NH 03301 Docketing and Service Paul A.
Fritzsche, Esq.
U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC.
20555 Augusta, ME 04333 Roberta C.
Pevear Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844
- Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 East West Towers Building Manchester, NH 03106 Third Floor Mailroom 4350 East West Highway Bethesda, MD 20814 __
b
., o Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq.
J.
P. Nadeau Matthew T.
Brock, Esq.
Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O.
Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A.
Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J.
Humphrey Mr. Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washingt.on, DC 20510 25 High Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J.
Humphrey Mr. Peter J. Matthews 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)
Newburyport, MA 01950 Mr. Donald E.
Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W.
Holmes, Esq.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq.
Diane Curran, Esq.
Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augusta, ME 04333
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- Thomas G.
Dignan, Esq.
Richard A. Hampe, Esq.
R.K. Gad III, Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W.
McCormack (POCH)
Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Eampton, NH 03862 Allen Lampert Sheldon J. Wolfe Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Jerard A.
Croteau, Constable 82 Beach Road, P.O. Box 5501 Salisbury, MA 01950
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Carol S.
Sneider Assistant Attorney General Environmental Protection Division August 21, 1986 -
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