ML20207N581
| ML20207N581 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/07/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2166 OL, NUDOCS 8701140301 | |
| Download: ML20207N581 (6) | |
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00(.HE TED U3NRC
'bI J3712 P3:29 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION GFF:Fi t -
00ChE7P.,.
JL before the WW ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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(Seabrook Station, Units 1 and 2)
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(Offsite Emergency Planning
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Issues)
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APPLICANTS
- ANSWER TO SAPL'S MOTION FOR RECONSIDERATION OF THE BOARD'S MEMORANDUM AND ORDER OF DECEMBER 11, 1986 RULING ON NECNP*S MOTION FOR LEAVE TO FILE SUPPLEMENTAL CONTENTIONS ON REVISION 2 OF THE N.H.
STATE AND LOCAL RADIOLOGICAL EMERGENCY RESPONSE PLAN Under date of December 23, 1986, Seacoast Anti-Pollution League (SAPL) filed a motion for reconsideration of an order of this Board issued December 11, 1986 which rejected a motion filed by another intervenor (New England Coalition on Nuclear Pollution (NECNP)) for leave to file certain contentions late.
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SAPL claims to have standing to make this motion on the theory that SAPL would have joined in certain of the contentions which NECNP intended to proffer if the Board had not acted "so precipitously."
SAPL Hotion at 2.
In short SAPL is arguing that it has been wronged because it is being denied the benefit of joining in certain of the NECNP contentions if those contentions had been admitted.
It has long been the rule that a party to NRC licensing proceedings cannot fail to file a contention and then later claim that the failure to file in a timely manner should be excused because the party was relying on the fact that another intervenor was going to raise the matter.
See Gulf States utility Co. (River Bend Station, Units 1 and 2), ALAB-444, 6 NRC 760, 796-98 (1977); Duke Power Co.
(Cherokee Nuclear Station, Units 1, 2 and 3), ALAB-440, 6 NRC 642, 645 (1977).
The principle underlying those cases is equally applicable here.
If SAPL wanted to raise the contentions raised by NECNP which SAPL now says it wanted to adopt, SAPL should have done so itself in a timely fashion.
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4' CONCLUSION The motion should be denied.
Respectfully submitted, Y
5, Thomfs (C Digg Jr.
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R.
K. Gad III Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Applicants l
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00(HCits u%uc CERTIFICATE OF SERVICE N 12 P3 :29 I,
Thomas G.
Dignan, Jr.,
one of the attorneys for th Applicants herein, hereby certify that on January 7, ffh'i s 1987, I made service of the within document by mailing copie q,.
Onu thereof, postage prepaid, to:
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- Administrative Judge Helen Hoyt, Stephen E. Merrill, Esquire Chairperson Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C.
Forster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.
Washington, DC 20009 Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commisnion P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr.
J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 central Road General Rye, NH 03870 Augusta, ME 04333
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Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O. Box 360 Boston, MA 02108 i
Portsmouth, NH 03801 i
Mrs. Sandra Gavutis Mr. Calvin A. Canney 1
Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall l
Kensington, NH 03827 126 Daniel Street l
Portsmouth, NH 03801 4
Senator Gordon J. Humphrey Mr. Angie Machiros i
U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn Tom Burack)
Town of Newbury Newbury, MA 01950 f
Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn Herb Boynton)
Newburyport, MA 01950 J
i Mr. Thomas F. Powers, III Mr. William S. Lord
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Town Manager Board of Selectmen 1
Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913
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Exeter, NH 03833 J
H. Joseph Flynn, Esquire Brentwood Board of Selectmen 7
Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 l
Agency j
500 C Street, S.W.
Washington, DC 20472
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Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street 4
Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mi ner, Esquire FEMA, Region I Silverglace, Oertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street
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Post Office Square Boston, MA 02110 Boston, MA 02109 i
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a Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913
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Thomas G. Dignan, Jr.
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