ML20204H074

NRC Staff Response to Joint Intevenors Motion for Leave to File Reply to Responses of Applicant & Staff to Onsite Exercise Contention.* Motion Should Be Denied.W/Certificate of Svc

ML20204H074
Person / Time
Site:	Seabrook
Issue date:	10/12/1988
From:	Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20204H055	List: ML20204H053 ML20204H057 ML20204H074
References
OL-1, NUDOCS 8810240311
Download: ML20204H074 (6)

Text

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) 10/12/88 r '

!}i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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--BEFORE THE ATOMIC SAFETY AND LICENSING BOARDr-

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.s In the Matter of )

Docket Nos. 50-443 OL-01 PlGLIC SERVICE COMPANY OF 50-444 OL-04 NEW HAMPSHIRE, et al.

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On-site Emergency Planning

) and Safety Issues (Seabrook Station, Units 1 and 2) )

NRC STAFF RESPONSE TO JOINT INTERVENORS' MOTION FOR LEAVE TO FILE REPLY TO THE RESPONSES OF THE APPLICANTS AND STAFF TO THE ON-SITE EXERCISE CONTENTION Cn October 7, 1988, the New England Coalition On Nuclear Pollution (NECNP), the Seacoast Ant' Pollution League (SAPL), the Town of Hampton, and the Massachusetts Attorney General (cellectively "Joint Intervenors")

filed a motion seeking leave to reply to the responses filed by the NRC Staf f and Applicants in opposition to Joint Intervenors' September 16, 1988 "Motion To Admit Exercise Contention Or, In The Alternative, To Reopen The Record." The Staff opposed the admission of Joint Intervenors' exercise contention on the ground that it was not timely filed II; Applicants' opposition was based on this point and on the additional grnund that Joint Intervenors' notion to reopen the record did not satisfy the requirerents of 10 C.F.R. 6 2.734. EI

-1/ See NRC Staff Respnnse To Joint Intervenors' Motion To Admit Exercise EcIntention Or, In The Alternative, To Reopen The Record (October 3, 1988).

-P/ See Applicants' Response To Joint Intervenors' Motion To Admit Exercise Contention Or, In The Alternative, To Reopen The Record (Septerber 28,1988).

8910240311 881012 gDR ADOCK 05000443 PDR

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In their motion, Joint Intervenors seek leave to file respond to the Staff's and Applicants' objection to the admission of their exercise contention. For the reasons stated below, the Staff opposes Joint Intervenors' notion.

Joint Intervenors' filing, seeking as it does to reply to the Staff's and Applicants' responses in opposition to Joint Intervenors' motion to admit a rew contention, is not authorized by the Rules of Practice. See 10 C.F.R. 9 2.730(c). M That section states that the proponent of a motion "shall have no right to reply," except as permitted by the presiding officer or the Secretary to the Comission. M. Thus, Joint Intervenors' notion for leave is addressed to the sound discretion of the Licensing Board. M.

The Licensing Board should not exercise its discretion in favor of grarting the motion for leave since good cause is lacking. The reply proffered by Joint Intervenors rerely elaborates the reasons why Joint Intervenors' believe that their exercise contention should be admitted without regard to the five-factor test set forth in 10 C.F.R. I 2.714 or the star dards governing motions to reopen a record set forth in 10 C.F.R. 1 2.734 These arguments not only could have been raised by Joint Intervenors in their motion to admit the exercise contention, but in fact they were raised in that rotinn. No legitimate purpose is served by

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3/ Joint Intervenors are incorrect in stating "they have a right to l reply to the responses of the Applicants and Staff." Motion at 2. A l party has on right to reply to a response challenging the admission of its contention on the ground that a balancing of the five factors listed in 10 C.F.R. 9 2.714(a) weighs against admission. Boston Edison Company (Pilgrim Nuclear Power Station), ALAB-816, 22 NRC 461, 466, n.22 (1985).

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t affording Joint Interverors' the opportunity to reiterate arguments already made. The motion for leave to reply to the responses of Applicants and the Staff should be denied.

P p .tfully submitted.

00kbQ Gr ory Ian Bor ry r1 j' <]' q I, Counsel 3rNPdStaff r Dated at Rockville. Maryland this 12th day of October 1988

i UNITED STATES OF AMERICA ' N,9 '

NUCLEAR REGULATORY COMMISSION BEFf,RE THE ATOMIC SAFETY AND, LICENSING BOARD '88 (ET 19 P4 :11 In the Matter of DocketNos.50-443h.,h,01 , ,

PUBLIC SERVICE COMPANY OF 50-444 OL-01t u NEW HAMPSHIRE, g a_1. On-site Emergency Planning and Safety Issues (Seabrcok Station, Units 1 arid 2)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF THE MASSACHUSETTS ATTORNEY GENERAL'S AMENDED CONfENTION ON NOTIFICATION SYSTEM" and "NRC STAFF RESPONSE TO JOINT INTERVENORS' MOTION FOR LEAVE TO FILE REPLY TO THE RESPONSES OF THE APPLICANTS AND STAFF TO THE ON-SITE EXERCISE CONTENTION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, or as indicated by double asterisk by use of express mail ser"ice, this 12th day of October 1988:

Shelden J. Wolfe, Esq., Chairman

• Docketing and Service Section*

Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Thomas G. Dignan, Jr. , Esq.**

Dr. Jerry Harbour

• Robert K. Gad, III, Esq.

Administrative Judge Ropes & Gray Atomic Safety and Licensing Board 225 Franklin Street U.S. Nuclear Regulatory Comission Boston, MA 02110 Washington, DC 20555 Ashod N. Amirian, Esq.

Dr. Emreth A. Luebke** Town Counsel for Merrimac Administrative Judge 376 Main Street 4E15 Villard Avenue Haverhill, MA 08130 Chevy Chase, Maryland 20815 H. J. Flynn, Esq.

Atomic Safety and Licensing Assistant General Counsel Appeal Panel (5)* Federal Emergency Management U.S. Nuclear Regulatory Comission Agency Washingten, DC 20555 500 C Street SW Washington, DC 20472 Atonic Safety and Licensing Board Panel (1), Sheldon J. Wolfe Esq.**

U.S. Nuclear Regulatory Comission Administrative Judge Washington, DC 20555 1110 Wimbledon Drive McLean, VA 22101 I

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Philip Ahren. Esq. Calvin A. Canney ,

i Assistant Attorney General City Hall l Office of the Attorney General 120 Daniel Street  !

State House Station Portsnouth, NH 03801  ;

Augusta ME 04333  ;

! Fr. Angie Machiros, Chairman i Stephen A. Jonas Esq.** Board of Selectmen '

j Carol S. Sneider, Esq. PS High Road j Assistent. Attorney General Newbury, MA 09150  :

j Office of the Attorney General i 1 One Ashburton Plece, 19th Floor Allen Lampert l

} Boston,itA 02108 Civil Defense Director  ;

! Town of Brentwood t i George Dana Bisbee, Esq. 20 Franklir  ;

j Assistant Attorney General Exeter, NH 03833 i Office nf the Atterrey General I

. 25 Capitol Street William Arn' strong

-' Cencord, NH 03301 Civil Defense Director Town of Exeter

!' Ellyn P.. Keiss Esq. 10 Front Street '

Diane Curran, Esq. Exeter, NH 03833 Harnen t. Veiss

! 2001 S Street, fY Gary W. Holnes, Eso. l Suite d?O Holmes & Ellis  !

Washington, DC 20009 47 Winnacunnet Road f

Hampton, NH 0384?  !

Robert A. Backus. Esq. l

} Backut. Meyer & Solomon J. P. Nadeau ,

4 116 Low 11 Street Beard of Selectren Manchester, NP 03106 i

10 Centrel Street  !

Rye, NH 03870  :

Paul McEachern Esq. i l'atthew T. Brock, Esq. Judith H. Mizner, Esq.

Shaines & licEachern Silverglate, Gertner Baker. l OF Fapleweed Avenue Fine A Good l P.O. Box 300 88 Board Street t Portsmouth, hh 03801 Bosten, MA 02110  !

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Charles P. Graber Esq. Rebert Carrigg, Chairman  :

McKay, l'urphy & Grahar. Board of Selectmen 100 ttain Street i Town Office r Aresbury,l'/. 01913 Atlantic Avenue i l North Hampton, hH 03870

Sandra Gavutis, Chairnan ,

j Board o' Selectrien  !

PFD #1, Box 1154  !

Kensingten, hH 03827 i .

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. t Willian S. Lord Peter J. Matthews, Mayor '

Beard of Selectmen city Hall Tcwn Hall - Friend Stre.et Newburyport, MN 09150 f Arnesbury, MA 01913 ,

Michael Santosuesso, Chairinan i Mrs. Anne E. Goednan, Chairu n Board of Selectmen i i Board cf Selecttien South Harnpton, NH 03827 i l 13-15 Nemarket Road 4

Durham, NH 03r.V I  !

Hen. Gordon J., Hurphrey

! United States Senate >

l 531 Hart Senate Office Buildirr l

. Washington, DC 20510 l i s~ i '

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