ML20205G092

Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc

ML20205G092
Person / Time
Site:	Seabrook
Issue date:	04/05/1999
From:	Klurfeld S AFFILIATION NOT ASSIGNED, MONTAUP ELECTRIC CO., NEW ENGLAND POWER CO., SWIDLER & BERLIN
To:	NRC COMMISSION (OCM)
References
CON-#299-20195 LT, NUDOCS 9904070132
Download: ML20205G092 (4)

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[L > . m D UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION In the Matter of ) 99 AFP -5 P 2 :16 I

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North Atlantic Energy Service Corp. and ) Docket No. 50-443 bT  !

Montaup Electric Company ) s

) (License No. NPP-86) ,

(Seabrook Station, Unit No.1) )

)

JOINT MOTION OF ALL ACTIVE PARTICIPANTS FOR i TEN-DAY EXTENSION TO PERMIT CONTINUATION OF SETTLEMENT DISCUSSIONS TO THE HONORABLE JUDGE THOMAS S. MOORE:

The Memorandum and Order CLI-99-06, dated March 5,1999, in this proceeding established a procedural schedule providing that initial written statements of position and written direct testimony were to be filed today, April 5,1999. The Order, however, also requested that the parties confer promptly on whether the dispute may be settled amicably without conducting a hearing.

Consistent with that latter request, New England Power Company, Little Bay Power Corporation, and Montaup Electric Company, the three active participants in this proceeding (collectively referred to as " Participants"), have been engaged in serbus settlement discussions.

The negotiations continued through last weekend. Late Sunday evening, April 3,1999, the l

Participants reached thejudgment that the possibility of concluding a settlement was high.

Accordingly, in order to allow the Participants to devote their resources to concluding a settlement, and to avoid any interference with the settlement process that could result if the Participants were to file today C r initial written statements of position and direct testimony, the 9904070132 990405

{DR ADOCK 05000443 "" D)

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u Participants jointly request a ten-day extension of the procedural schedule.

The Participants believe that within that ten-day period they will either be able to conclude the negotiations and file t settlement terminating this proceeding, or will have detemiined that despite the best efforts of all the Participants, no such settlement can be achieved. Assuming the extension is granted, all procedural cates would be moved, with some deadlines being adjusted to avoid having the revised date fall on a weekend or holiday. The revised schedule would be as follows:

April 15 -initial statements of position and testimony May 5 - rebuttal testimony and questions on initial testimony May 14 - proposed questions regarding rebuttal testimony May 28 -hearing June 17 - concluding statements WHEREFORE, for the above reasons, the Participants respectfully request that the procedural schedule in the above proceeding be extended by ten days in order to permit the parties to attempt to conclude settlement negotiations.

Respectfully submitted,

[

_ Edward Berlin, Es[

Scott P. Klurfeld, Esq.

SWIDLER BERLIN SHEREFF FRIEDMAN 3000 K Street, N.W., Suite 300 Washington, D.C. 20007 (202) 424-7500 ON BEHALF OF ALL ACTIVE PARTICIPANTS April 5,1999 2

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[ r- -D UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION P ,c .o, 6

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BEFORE PRESIDING OFFICER:

THOMAS S. MOORE o In the Matter of ) Ai

)

NORTH ATLANTIC ENERGY )

SERVICE CORP., et al. ) Docket No. 50-443-LT

)

(Seabrook Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of the attached JOINT MOTION OF ALL ACTIVE PARTICIPANTS FOR TEN-DAY EXTENSION TO PERMIT CONTINUATION OF SETTLEMENT DISCUSSIONS were served upon the persons listed below by U.S. mail, first class, postage prepaid, with copies by electronic mail as indicated by an asterisk (*) this 5* day of April,1999.

Secretary of the Commission

• Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Attn: Rulemakings and Adjudications U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555 (E-mail: SECY@NRC.cov)

Administrative Judge Thomas S. Moore

• Office of General Counsel Presiding Officer U.S. Nuclear Regulatory Cormission Atomic Safety and Licensing Board Panel Washington, DC 20555 Mail Stop T-3 F23  !

U.S. Nuclear Regulatory Commission Washington, DC 20555 (E-mail: tsm2@nre. gov) l Gerald Charnoff, Esq.* John F. Sherman, Esq. j Paul A. Gaukler, Esq.* Associate General Counsel Shaw, Pittman, Pott & Trowbridge New England Power Company i 2300 N Street, NW 25 Research Drive Washington, DC 20037 Westborough, MA 01582 (E-mail cerald_charnoff@.shawnittman.com:

caul _raakler@shawnittman.com)

Lillian M. Cuoco, Esq.* John Ritsher, Esq.*

4 a

1 Lillian M. Cuoco, Esq.* John Ritsher, Esq.*

William J. Quinlan, Esq.* Thomas G. Dignan, Jr., Esq.*

l- _ Northeast Utilities Fe lice Company Ropes & Gray

.107 Seldon Street One International Place  ;

Berlin, CT 06037 Boston, MA 02110-2634 j^ (E mail: cuoco@nu.com: quiniwi@nu.com) (E-mail: iritsher@rocescrav.com; tdienan@ronescrav.com)

.I Barton Z. Cowan, Esq.* David A. Repka, Esq.*

l Eckert Seamans Chernin & Mellott, LLC Winston & Strawn i 600 Grant Street,44'h Floor 1400 L Street, NV/

! Pittsburgh, PA 15129 Washington, DC 20005 j (E-mail: bze@esem.com) (E-mail: drepka@winston.com) l James F. Crowe Frank W. Getman, Jr.*

j The United Illuminating Company President and Chief Executive Officer

157 Church Street BayCorp IIoldings, Ltd.

! P.O. Box 1564 20 International Drive, Suite 301 j New Haven, CT 06506 Portsmouth, NH 03801-6809 l (E-mail: feetman@bavcoroholdines.com)

' /:l Scott P. Klurfeld

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