ML20205F201

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Response Opposing Joint Motion by New England Coalition on Nuclear Pollution & Seacoast Anti-Pollution League for 1-month Extension of Hearing Schedule.Certificate of Svc Encl
ML20205F201
Person / Time
Site: Seabrook  
Issue date: 08/14/1986
From: Sherwin Turk
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Atomic Safety and Licensing Board Panel
References
CON-#386-333 OL-1, NUDOCS 8608190115
Download: ML20205F201 (5)


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0N 4/86 UNITED STATES OF AMERICA -

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NUCLEAR REGULATORY COMMISpr#E 15 P4 q0 BEFORE TI!E ATOMIC SAFETY AND LICEhkdIEdEdb[

BOI In the Matter of

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PUBLIC SERVICE COMPANY OF

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Docket Nos. 50-443 OL-1 NEW HAMPSIIIRE, et _al.

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50-444 OL-1 (Seabrool: Station, Units 1 and 2)

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NRC STAFF'S REEPONSE TO JOINT MOTION BY NECNP AND SAPL FOR EXTENSION OF IIEARING SCHEDULE On August 6,1086, Intervenors NECNP and SAPL filed a joint motion for an extension of the hearing schedule established by the Board's Order I

of July 25, 1980, -

wherein they request that the Licensing Board

" extend the hearing schedule by one month in order to allow adequate time to prepare for the hearing" (Motion, at 2).

In essence, NECNP and SAPL seek to defer by one month the dates for (a) conducting depositions, (b) filing testimony, and (c) holding the hearing. 2_/

1 1_/

" Memorandum and Order (Rulings on Applicants' Motion of. Tune 17, 1980, on TH's Motion of June 23, 1986, and on Hearing Matters,"

issued July 25, 1986, at 11-12.

l 2/

Uhile NECNP and SAPL also complain about the time allowed by the Board for filing interrogatories and answers thereto, the Staff does not understand their Motion to seek an extension of time for these activities, as well.

Rather, the Motion appears to be directed to the asserted need to hnve interrogatory answers in hand before any depositions are conducted, and to allow sufficient time for their counsel and expert, who have scheduled vacations during August, to review discovery responser and to prepare for depositions and hearings (Motion, at 2, 3).

860819011S 860814

{DR ADOCK 05000443 PDR+

I The Staff submits that NECUP and SAPL have failed to demonstrate good cause to support a one-month extension of the hearing schedule.

While it might well be preferable to have interrogatory answers in hand prior to conducting depositions, NECNP and SAPL have not shown that depositions concerning the limited scope of the reopened issues will be necessary, nor have they demonstrated why an additional month's time (as opposed to some more limited time which would not disrupt the established hearing schedule), is required for them to prepare for the depositions and hearings.

Accordingly, the Staff opposes the Joint Motion, and recommends that it be denied.

CONCLUSION For the reasons set forth above, the Staff opposes NECNP and i

SAPL's Joint ?!otion and recommends that it be denied.

Respectfully submitted, Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 14th dcy of August,1966

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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PUBLIC SERVICE COMPANY OF

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Docket Nos. 50-443 OL-1 NEW HAMPSHIRE, et al.

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50-444 OL-1

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(Seabrook Station, Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO JOINT MOTION BY NECNP AND SAPL FOR EXTENSION OF HEARING SCHE-DULE" 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, through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of August,1986.

Alan S. Rosenthal, Esq., Chairman

  • Gary J. Edles, Esq.*

Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Howard A. Wilber*

Dr. Jerry Harbour

  • Atomic Safety and Licensing Administrative Judge Appeal Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel l

Washington, D.C.

20555 U.S. Nuclear Regulatory Commission i

Washington, D.C.

20555 Sheldon J. Wolfe, Esq., Chairman

  • Administrative Judge Dr. Emmeth A. Luebke*

Atomic Safety and Licensing Board Administrative Judge Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, D.C.

20555 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Carol Sneider, Asst. Attorney Office of the Attorney General Stephen E. Merrill, Esq.

Environmental Protection Division Attorney General One Ashburton Place,19th Floor George Dana Bisbee, Esq.

Boston, MA 02108 Assistant Attorney General Office of the Attorney General Beverly Hollingworth 25 Capitol Street 209 Winnacunnet Road Concord, NH 03301-6397 Hampton, NH 03842

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, Calvin A. Canney, City Manager Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood Portsmouth, NH 03801 20 FrankHn Street Exeter, NH 03833 Roberta C. Pevear State Representative Angie Machiros, Chairman Town of Hampton Falls Board of Selectmen Drinkwater Road 25 High Road Hampton Falls, NH 03844 Newbury, MA 09150 Mr. Robert J. Harrison Jerard A. Croteau, Constable President and Chief Executive Officer 82 Beach Road, P.O. Box 5501 Public Service Co. of New Hampshire Salisbury, MA 01950 P.O. Box 330 Manchester, NH 03105 Diane Curran, Esq.

Harmon & Weiss 3

Robert A. Backus, Esq.

2001 S Street, N.W.

Backus, Meyer & Solomon Suite 430 4

116 Lowell Street Washington, D.C.

20009 Manchester, NH 03106 Edward A. Thomas Philip Ahrens, Esq.

Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (POCII)

Office of the Attorney General Boston, MA 02109 State House Station, #6 Augusta, ME 04333 H.J. Flynn, Esq.

Thomas G. Dignan, Jr., Esq.

Assistant General Counsel Ropes & Gray Federal Emergency Management Agency 225 Franklin Street 1

500 C Street, S.W.

Boston, MA 02110 l

Washington, D.C.

20472 Jane Doughty Atomic Safety and Licensing Seacoast Anti-Pollution League Board

  • 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, D.C.

20555 Atomic Safety and Licensing Paul McEachern, Esq.

Appeal Panel

  • Matthew T. Brock, Esq.

U.S. Nuclear Regulatory Commission Shaines & McEachern Washington, D.C.

20555 25 Maplewood Avenue P.O. Box 360 Richard A. Hampe, Esq.

Kensington, NH 03827 New Hampshire Civil Defense Agency l

107 Pleasant Street Sandra Gavutis, Chairman Concord, NH 03301 Board of Selectmen RFD 1 Box 1154 Kensington, Nh*

03827 l

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', Docketing and Service Section*

William Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter Washington, D.C.

20555 10 Front Street Exeter, NH 03833 Maynard L. Young, Chairman Board of Selectmen Peter J. Matthews, Mayor 10 Central Road City Hall Rye, NH 03870 Newburyport, MA 09150 Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectment South Hampton, NH 03827 Town Hall - Friend Street Amesbury, MA 01913 Mr. Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 R. K. Gad III, Esq.

Gary W. Holmes, Esq.

Ropes & Gray Holmes & Ellis 225 Franklin Street 47 Winnacunnet Road Boston, MA 02110 Hampton, NH 03842 Samuel J. Chilk, Secretary

  • Judith H. Mizner, Esq.

Office of the Secretary Silverglate, Gertner, Baker U.S. Neclear Regulatory Commission Fine ar.d Good Washington, DC 20555 89 Broad Street Boston, MA 02110 Sherwin E. Turk Counsel for NRC Staff l

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