ML20207T541

Applicant Response to Petition of Us Senator Gj Humphrey in Support of Appeal of ASLB 870211 Order Denying Leave to Participate Under 10CFR2.715(c).* Affirmation of ASLB Decision Recommended.Certificate of Svc Encl

ML20207T541
Person / Time
Site:	Seabrook
Issue date:	03/16/1987
From:	Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#187-2848 OL, NUDOCS 8703240113
Download: ML20207T541 (6)

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00CMETED Dated: March 1@/#i987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF E;hiiARY 00CMEliNG A SE dvif.E before the ONH ATOMIC SAFETY AND LICENSING APPEAL BOARD

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues

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APPLICANTS' RESPONSE TO PETITION OF U.S. SENATOR GORDON J. HUMPHREY IN SUPPORT 0F HIS APPEAL OF LICENSING BOARD ORDER OF FEBRUARY 11, 1987 DENYING HIM LEAVE TO PAR"l' CIPATE UNDER 10 CFR 2.715(c)

Applicants submit this response to the notice of appeal and brief in support of appeal of Hon. Gordon J. Humphrey, United States Senator from the State of New Hampshire. The Senator appeals from the Memorandum and Order of the Atomic j l

Safety and Licensing Board of February 11, 1987, which )

denied him the status of a state representative under 10 CFR

$ 2.715(c).

Applicants believe that the Licensing Board did not err in determining that:

"Section 2.715(c) contemplates that a government unit of a State, county, municipality or agency 8703240113 870316

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will be provided a forum for expression of concerns. It does not confer status on an individual who holds office in one of the named units of government." Memorandum and Order at 5.

The Licensing Board's determination' accords with others on this point. See, e.g., General Electric Co. (GE Test Reactor, Vallencitos Nuclear Center), LBP-79-28, 10 NRC 578, 582 (1979) and Consolidated Edison Co. of New York (Indian Point, Unit No. 2), LBP-82-15, 15 NRC 715, 725-26 (1982).

The Licensing Board adopted the sound reasoning of the latter case. There as here a person elected to represent the people of a state or county in a legislature sought to represent the state or county itself in an administrative proceeding. See Consolidated Edison, s u p r a ,' at 726 ("While

[Mr. Brodsky] may represent (as he avers) 60,000 people in the County Legislature, it appears to us that he was elected by them solely to represent them in that body. The notion that he has become, by virtue of his election, their representative in any administrative proceeding he sees fit to enter strikes us as unfounded."). Whether or not Section 2.715(c) contemplates state representation by more than one entity, Applicants believe it does not contemplate state representation in Nuclear Regulatory Commission proceedings by a member of Congress.

In his brief on appeal, the Senator quoted from the General Electric Co. case, supra, at 582-83, a passage in which the Licensing Board determined that the participation in the licensing proceedings of a member of Congress who had

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standing independent of Section 2.71'5(c) was within the scope of his official duties. The Board pointed out, I however, "that determination alone would not give him standing to intervene as a matter of right absent an allegation of injury in fact to him." Id. at 583.

Applicants do not oppose the Senator's participation in the proceedings by way of a late-filed petition to intervene or a limited appearance. The Licensing Board particularly encouraged the Senator's participation by the latter method.

A., the Senator's participation is beyond the purview of Section 2.715(c), however, the Licensing Board's decision denying him 2.715(c) status should be affirmed.

Respectfully submitted, l

• Thomas G. Dignan, Jr.

R. K. Gad III Kathryn A. Selleck Ropes & Gray 1

225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Applicants 1

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-' DOLKETED

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USNRC CERTIFICATE OF SERVICE l mR 20 P2 :40  !

I, Kathryn A. Selleck, one of the attorneys r the 'l

-Applicants herein, hereby~ certify that on March 16, 1987, I made service:of.the.within document by mailing g g fij g yA k thereof, postage. prepaid, to:

j BRANCH Alan S. Rosenthal, Chairman- Howard'A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal-Panel Appeal Panel U.S. Nuclear Regulatory- U.S. Nuclear Regulatory Commission Commission

, Washington, DC 20555 Washington, DC 20555

. Gary J. Edles Mr. Ed Thomas-Atomic Safety and Licensing FEMA, Region-I

-Appeal Panel 442 John W. McCormack Post.

U.S. Nuclear Regulatory. Office and Court House Commission Post Office Square Washington,.DC 20555 Boston, MA 02109 Helen Hoyt, Chairperson Robert Carrigg,' Chairman Atomic Safety _and Licensing Board of. Selectmen Board Panel Town. Office-U. S. Nuclear Regulatory' Atlantic. Avenue Commission North Hampton, NH 03861 Washington, DC 20555 Dr. Emmeth-A~. Luebke Diane Curran, Esquire Atomic Safety and_ Licensing Harmon & Weiss.

Board Panel 200115 Street,- N.W.

U.S.. Nuclear-Regulatory Suite 430 Commission Washington, DC 20009 Washington, DC 20555 Dr. Jerry Harbour Stephen E. Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire-U.S. Nuclear Regulatory Assistant Attorney. General Commission Office of the Attorney General Washington, DC. 20555 25 Capitol Street Concord, NH 03301-6397 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 6

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o Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon l U.S. Nuclear Regulatory 116 Lowell Street l 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 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 l P.O. Box 360 Boston, MA 02108 l Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RED 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 1 Pillsbury Street 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 RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 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 Hampton, NH 03841 Concord, NH 03301 Judith H. Mizner, Esquire Charles P. Graham, Esquire Silverglate, Gertner, Baker McKay, Murphy and Graham Fine, Good & Mizner 100 Main Street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110 Kathryn A. Selleck

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