ML20207N683
| ML20207N683 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/08/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2164 OL, NUDOCS 8701140355 | |
| Download: ML20207N683 (9) | |
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'81 3 12 P4 :20 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6Fn
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before the 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 OBJECTION AND MOTION FOR RECONSIDERATION OF ASLB ORDER OF DECEMBER 23, 1986" AND " TOWN OF HAMPTON OBJECTION AND MOTION TO RECONSIDER SCHEDULE ON APPLICANTS
- PETITION" Under date of December 24, 1986 both the Seacoast Anti-Pollution League (SAPL) and the Town of Hampton (TOH) filed motions seeking reconsideration of this Board's Order of December 23, 1986 setting January 27, 1987 as the date by which parties other than the Applicants must reply to the Petition under 10 CFR 2.758 which the Applicants filed before this Board on December 18, 1986.
Applicants herein reply to both of these motions.
The TOH notion is easily disposed of.
That motion 870I140355 870103
{DR ADOCK 05000443 PDR 1563
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asked that this Bcerd " reconsider, and hold in abeyance, its crder pencing a-ruling from the Commission on Intervenors' petition to appoint Chief Justice (sic) Cotter."
The balance of the relief sought is in the alternative in the event that the Board was unwilling to abide the resolution of the issue of the Petition to have the Chief Administrative Judge appointed to preside over proceedings on the Applicants' Petition.
The Petition to have the Chief Administrative Judge appointed has been finally disposed of and therefore the TOH motion is moot.
The relief sought by SAPL is:
"that the Board's Order of December 23 be vacated, and that further proceedings be held in accordance with the December 22 pleadings filed on behalf of the joint intervenors, referenced above."
SAPL Motion at 2.
The " December 22 pleadings" referred to are (1) the pleading seeking the appointment of the Chief Administrative Judge discussed earlier (which has been disposed of) and (2) a joint motion for an immediate stay of ASLB proceedings filed on behalf of certain of the intervenors by Counsel for TOH.
The relevance of that pleading is somewhat dubious because its purpose was to stay the ongoing proceedings on the State of New Hampshire's Radiological Emergency Response Plan.
The motion did not purport to affect proceedings on the Applicants
- 10 CFR 2.758 Petition.
It is 2
L.
O nod a nullity inasmuch as the Acting Secretary of the Commission ruled under 10 CFR 2.722 that such relief must be sought from the Appeal Board and a new motion filed by the Attorney General of The Commonwealth of Massachusetts is now pending before that tribunal.
Therefore, the original pleading referenced by SAPL herein is moot.
Thus, the SAPL Motion is as bereft of basis as the TOH Motion and should also be denied.
As a final note, the Applicants believe that in light of the strident comments in these and other filings to the effect that the Board's order is requiring responses to be filed "one month" after receipt of massive technical studies, the Board should be advised that all persons and entities on the service list were sent copies of-the two PL&G studies which form the major technical bases for the Petition back on September 23, 1986, some four months before the deadline of January 27, 1987.
A copy of the transmittal document is attached hereto and marked "A".
Respecfully submitted,
- 67 Th6 mas'G. dis 6fn, Jr.
R.
K.
Gad III Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Applicants 3
SEABROOK STATION Engin nring Office MI September 23, 1986 Public Service of New Hampshire CE-22 T.F.
B7.1.8 NEW HAMI' SHIRE YANKEE DIVISION No Response Required Addressee
Dear Sir or Madam:
SSPSA Update Material It is our understanding that several parties have expressed a desire to obtain a copy of the SSPSA update material which was trans-mitted to the NRC under separate cover.
As such, we have decided to make a copy of the two documents associated with this SSPSA update available to each party of the Atomic Safety and Licensing Board Service List for informational purposes only.
Accordingly, enclosed please find a copy of these documents for your information.
Very truly yours, hI
- 11,. '
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Joh DeVincentis Director of Engineering JDV/mdd Enclosures bec:
E. A. Brown w/o Attach.
W. B. Derrickson B. B. Beckley D. A. Maidrand W. J. Daley, Jr.
J. H. Moody, Jr.
T.
Dignan o
Seabrock Station Construction F'etd Office. P.O. Box 700. Seabrook, NH 03874
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ENCLOSURE TO CE-22 o
' Diane Curran, Esquire l
Harmon & Weiss 2001 S. Street, N.W.
Suite 430 Washington, D.C.
20009 Sherwin E. Turk, Esquire Of fice of the Executive Legal Director U. S. Nuclear Regulatory Commission Tenth Floor Washington, DC 20555 Robert A. backus, Esquire 116 Lowell Street P. O.
Box 516 Manchester, NH 03105 Philip Ahrens, Esquire Assistant Attorney General Department of the Attorney General Statehouse Sta' tion #6 Augusta, ME 04333 Mrs. Sandra Gavutis Chairman,. Board of Selectmen RFD 1 - Box 1154 Kensington, NH 03827 Carol S. Sneider, Esquire Assistant Attorney General Department of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Senator Gordon J. Humphrey U. S. Senate Washington, DC 20510 (ATTN: Tom Burack)
Richard A. Hampe, Esquire Hampe and McNicholas 35 Pleasant Street Concord, NH 03301 Thomas F. Powers, III Town Manager Town of Exeter 10 Front Street Exeter, NH 03833
ENCLOSURE TO CE-22 (Continued)
Brentwood Board of Selectmen RFD Dalton Road Brentwood, NH 03833 Gary W. Holmes, Esquire Holmes & Ells 47 Winnacunnet Road
~Hampton, NH 03842 Mr. Ed Thomas FEMA Region I 442 John W. McCormack PO & Courthouse Boston, MA 02109 Peter J. Mathews, Mayor City Hall Newburyport, !!A 01950 Judith H. Mizner Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad St.
Boston, MA 02110 Calvin A. Canney City Manager City Hall 126 Daniel Street Portsmouth, NH 03801 Stephen E. Merrill, Esquire Attorney General George Dana Bisbee, Esquire Assistant Attorney General 25 Capitol Street Concord, NH 03301-6397 Mr. J. P. Nadeau Selectmen's Of fice 10 Central Road Rye, NH 03870 Mr. Angie Machicos Chairman of the Board of Selectmen Town of Newbury Newbury, MA 01950 Mr. William S. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913
DOMEILE o
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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr.,
one of the attorneys for e
Applicants herein, hereby certify that on January 8, 1987, I made service of the within document by mailing copies QFrai.
u-u0ungQ [a.m thereof, postage prepaid, to:
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.
Ferster, 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 Commission 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
6 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 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 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 Mr. Thomas F. Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 4-Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main.-Street.
Amesbury, MA 01913'
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