ML20205D900
| ML20205D900 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/21/1988 |
| From: | Jonas S MASSACHUSETTS, COMMONWEALTH OF |
| To: | Rosenthal A Atomic Safety and Licensing Board Panel |
| References | |
| CON-#488-7336 OL-1, NUDOCS 8810270243 | |
| Download: ML20205D900 (2) | |
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THE COMMONWEALTH OFYMEddNSai =- -
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DEPARTMENT OF THE ATTORNEY C2NER AL.
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'88 ()CT 24 Pl2:20 JAMES M. SHANNoN I
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I October 21, 1988
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Alan S.
Rosenthal, Chairman U.S. Nuclear Regulatory Commission i
Atomic Safety and Licensing Appeal Board Washington, DC 20555 l
l Re:
public Service Company of New Hampshire, et al.
i ISembroo)LStat ion. Units 1 and_2) i I
Dear Mr. Rosenthal:
On October 12, 1988, the On-site Licensing Board issued a Memorandum and Order denying the Massachusetts Attorney j
General's September 8, 1988 Motion to Amend Bases.
Today, the Massachusetts Attorney General ("Mass AG") filed a notice of I
appeal with the Appeal Board on tha October 12 Order.
l The issue in controversy concerns the Mass AC's contention on the alert and notification system for Massachusetts.
Until
(
l recently, that issue has been considered an "on-site" or i
"low-power" issue.
On October 7, 1988, the Commission applied the recent rule change on notification systems, rce 53 Fed.
9eg. 16435 (1988), to the Seabrook case.
In I
effect, the notification issue on which today's notice of i
appeal is taken is now a full-power issue.
The posture of the issue, in conjunction with this Board's June 14, 1988 Order in ALAB-894, 27 NRC 632, creates some uncertainty for the Mass AG over the proper timing of the notice.
Because a partial initial decision has already issued for low-power, an argument can be made that the October 12 order of the on-site Licensing Board is immediately appealable.
On the other hand, the appeal may be viewed as premature until a decision issues on a full-power license.
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I 8810270243 001021 PDR ADOCK ObOOO443 y0b l
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l Alan S.
Rosenthal, Chairman October 21, 1988 P_a g e_Iwo__ =
l Consistent with this Board's suggestion in ALAB-894, 27 11RC at 637 n. 21, the Mass AG has filed the notice of appeal as a precaution.
The Board may wish to dispose of this timing issue independently and prior to a potentially wasteful briefing on the merits.
Very truly yours, Y
d St hen A. Jonas Deputy Chief Public Protection Bureau SAJ/BT cc:
Counsel of Record l
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