ML20205R467

Forwards Corrected Pages to NRC Response to 881025 Aslab Order.Certificate of Svc Encl

ML20205R467
Person / Time
Site:	Seabrook
Issue date:	11/02/1988
From:	Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#488-7461 OL, NUDOCS 8811100039
Download: ML20205R467 (4)

Text

7 #/

+*,.....,'o,,

' UNITED STATES g

3 g a

NUCLE AR REGULATORY COMMISSION tJASHING TON, D. C. 20555

, E C '. M i t. t j u+

..... November 2, 1988

'88 NOV -8 P4 :58 Ms. C. Jean Shoemaker 2 '-

Secretary to the Atomic Safety - '. :. y and, Licensing Appeal Board U.S. Pluclear Regulatory Corrission Washington, DC 20555 In the Matter of PUBLIC SERVICE COMPAtlY OF NEY HAMPSHIRE, ET AL.

(Scabrook Station, Units 1 and 2)

DocketNos.f0-443,50-444 Off-Site Emert;ency Planning -8y

Dear Ms. Shoemaker:

Tae response to the Appeal Board's October 25, 1988 order which the Staff f.11ed yesterday contains an error in its caption, on the cover page, and on the first page of the certifice+e of service. The correct caption should rcsd "FF.C STAFF RESPONSE TO OCTOBER 25. 1900 APPEAL BOARD ORDER." Attached are corrected copies of thesa pages for insertien in the Staff's filing. The

. Staff regrets any inconvenience caused by thi mistake.

! rely.

do r Counseyi or&}CStaff M

Enclosures:

As stated U cc w/ encl: Service List f

t l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC S4FETY At:0 LICENSING APPEAL BOARD In the Matter of Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF 50 444 OL-01 NEW HAMPSHIRE, et al. On-site Emergency Planning and Safety Issues (Seabrook Station, Units 1 and O'f NRC STAFF RESPONSE TO OCTOPER 25, 1988 APPEAL BOARD ORDER -

1 Gregory Alan Berry Counsel for NRC Staff November 1,1988 -

1

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

Docket Hos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF 50-444 OL-01 NEW HAMPSHIRE, et~ al. On-site Emergency Planning and Safety Issues (Seabrook Station, Units 1 and t)

NRC STAFF RESPONSE TO OCTOBER 25, 1988 APPEAL BOARD ORDER i

a I. INTRODUCTION On October 12, 1988, the Licensing Board issued an order in which it denied the Massachusetts Attorney General's motion to amend his alert notification system contention by adding two additional bases. See Memorandum and Order (Grantirn Mass.' Request To File A Reply; Denying Mass. Motion To Amend) (October 12, 1988) (hereinafter "October 12 -

Order"). On October 21, 1988, the Attorney General filed a notice of l

l appeal from the October 12 Order. On October 25, 1988, the Appeal Board

, issued an order soliciting the parties views "respecting whether an appeal 4

from the Licensing Board's October 12, 1988 memorandum and order will lie at this time or, instead, must abide the event of further developments."  !

October 25 Order at 1. As explained in this response, the October 12 Order neither disposes of a major segment of the case nor tenninates the  ;

t Attorney General's right to participate in the proceeding. For these reasons, the October 12 Order is not final for purposes of appellate review. Consequently, an appeal of the October 12 Order will not lie at j this time. Nor does the October 12 Order affect the proceeding in a basic l i

1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF 50-444 OL-01 NEW HAMPSHIRE, g al. On-site Emergency Planning and Safety Issues (Seabrook Station, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO OCTOBER 25, 1988 APPEAL BOARD ORDER" 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 dep, sit in the Nuclear Regulatory Commission's internal mail system, this 1st day of November 1988.

Sheldon J. Wolfe, Esq. Chaiman* H. J. Flynn, Esq.

Administrative Judge Assistsnt General Counsel Atomic Safety and Licensing Board Federal Energency fianagement U.S. Nuclear Regulatory Comission Agency Washington, DC 20555 000 C Street, S.W.

Washington, DC 2047?

Dr. Jerry Harbour * -

Administrative Judge Calvin A. Canney

. Atomic Safety and Licensing Board City Hall U.S. Nuclear Regulatory Comission 126 Daniel Street Washington, DC 20555 Portsmouth, NH 03801 Dr. Emeth A. Luebke Robert Carrigg, Chaiman Administrative Judge Board of Selectmen 4515 Willard Avenue Town Office Chevy Chase, Maryland 20815 Atlantic Avenue North Hampton, NH 03870 Philip Ahren. Esq.

Assistant Attorney General Judith H. Mirner, Esq.

Office of the Attorney General Silverglate Gertner, Baker, State House Station - Fine, & Good Augusta, ME 04333 88 Board Street Ooston, MA 02110 Thomas G. Dignan, Jr., Esq.

Robert K. Gad, III, Esq. J. P. Nadeau Ropes & Gray Board of Selectren 225 Franklin Street 10 Central Street Boston, PA 02110 Rye, NH 03870