ML20207Q336

Memorandum & Order (Ruling on Atty General Bellotti Motion for Extension for Filing Answer to 870113 Applicant Petition Under 10CFR2.758 & 10CFR50.47(c) - ).* Motion Denied.Served on 870123

ML20207Q336
Person / Time
Site:	Seabrook
Issue date:	01/21/1987
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:	MASSACHUSETTS, COMMONWEALTH OF
References
CON-#187-2262 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8701270179
Download: ML20207Q336 (3)

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UNITED STATES OF AMERICA i$h[

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '87 JAN 22 All :10 Before Administrative Judges: ,f Helen F. Hoyt, Chairperson f0N[, w 3 -h

Gustave A. Linenberger, Jr. pf,v;d'~"r Jerry Harbour SERVED JAN 2319 In the Matter of ) Docket Nos. 50-443-OL

) 50-444-0L PUBLIC SERVICE COMPANY ) (ASLBP No. 82-471-02-OL) 0F NEW HAMPSHIRE, et al. ) (Offsite Emergency Planning)

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(Seabrook Station, Units 1 and 2) ) January 21, 1987 MEMORANDUM AND ORDER (Ruling On Attorney General Bellotti's Motion For Extension For Filing Answer To Applicants' Petition Under 10 CFR 2.758 and 10 CFR 50.47(c) - dated January 13,1987)

Attorney General Bellotti seeks extension of the Board's orders of December 23, 1986 and January 7,1987 which established January 27, 1987 as the date for parties to respond to Applicants' petition under 10 CFR 2.758 and 10 CFR 50.47(c) with Respect to the Regulations Recuiring Planning for a Plume Exposure Pathway Emergency Planning Zone in Excess of a One-Mile Radius (December 18,1986).

This Intervenor supports his motion with a recitation of the sequences of events after the Applicants' petition was filed and references two affidavits incorporated in his first motion for reconsideration of the January 27, 1987 response date. That first motion for reconsideration was dated December 30, 1986. The Board in issuing its order of January 7,1987 has already considered the Doh o 3 NN G

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affidavits submitted by the Attorney General when we affirmed on January 7, 1987 the date of January 27, 1987 for responses to Applicants' petition. As the Appeal Board in ALAB-8581 of January 15, f 1987 said, the Licensing Board had "... indicated a willingness to accept incomplete responses to the applicants' petition, provided the parties advise the Board by January 27 of the date on which their written responses likely will be completed." The sole grounds Attorney General Bellotti cites is the need for three weeks' extension beyond January 27, 1987 in which to prepare its brief to the Comission for review of the Appeal Board ruling in ALAB 853.2 The Comission order of January 9, 1987 clearly was directed -toward providing parties to this proceeding an opportunity further to develop "its position on this issue" after the appellate record already had been made before the Appeal Board. The Comission provided a permissive briefing schedule and limited briefs.

The Comission's order of January 9,1987 permitted this Board to make adjustments to our schedules that fairness dictates. Positions taken before the Appeal Board in making the record for ALAB 853 may be refined and added to by the parties but hardly serve as a basis for 1

Ruling on motion to stay all proceedings filed by Attorney General Bellotti, T0H, T0A, SAPL and NECNP.

2 ALAB-853 review by the Comission is on the single issue of whether, as a matter of law or policy, a utility Applicant should be required to submit a radiological emergency olan (either a governmental plan or a utility plan) for the entire emergency planning zone for the facility before any operating license may be issued.

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an extension for a matter before this Board.

We have already noted to the parties that we will accept partial responses on January 27 if the party provides us with partially completed responses and advises us of a reasonable date certain on which its written response can be completed. This is both reasonable and fair to all parties.

The Board denies the motion of Attorney General Bellotti ard reaffirms our orders of December 23, 1986 and January 7,1987.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LIC NSING BOARD

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Helen F. Hoyt, Chai~rperson Administrative Judge Dated at Bethesda, Maryland this ?lst day of January 1987.

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