ML20210N459
| ML20210N459 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/10/1987 |
| From: | Perlis R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2494 OL, NUDOCS 8702130125 | |
| Download: ML20210N459 (5) | |
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02/10/87
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,y DOLKUED uwC UNITED STATES OF AMERICA 07 F9) 12 M1 :26-NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD b.N
- 1 In the Matter of
)
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Docket Nos. ' 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAP 1PSHIRE, et al.
)
Off-site Emergency Planning 1
)
(Seabrook' Station, Units 1 and 2
)
NRC STAFF P10 TION FOR CLARIFICATION OF TIIE LICENSING BOARD'S ORDER OF FEBRUARY 3,1987 In a Memorandum and Order dated February, 3,1987, the Licensing Board reiected the Staff's Response of January 28, 1987 concerning Applicants' petition for a vakrer from emergency planning regulations, and provided that "[i]f Staff chooses to file a complete response, it shall do so by February 27, 1987...."
February 3rd Order at 3.
The Board further ordered that those other parties that wished to " supplement and complete their initial responses shall do so by February 27, 1987."
Id.
The Staff herein seeks clarification of the Board's February 3rd Order in the following respect: does the Board wish the Staff (and the other parties) to address whether the Applicants have established a prima facie case for a waiver as defined in the Board's Order of January 7,1987, or does the Board wish the Staff (and the others) to provide a complete response to the issue of whether the Applicants should be granted a i
waiver pursuant to 10 CFR 52.758?
In its Order of January 7,
1987 reaffirming its schedule for responses to Applicants' waiver petition,
the Board " directed that responses address the Applicants' petition on the issue of whether a 8702130125 870210 g4 PDR ADOCK 05000443 G
a 91 prima facie showing for a waiver of the 10-mile EPZ has been made."
January 7th Order at 3.
The Board went on to define prima facie as meaning " evidence of a sufficient nature that would cause reasonable minds to inquire further."
,Id.
The Staff therefore assumed that the Board wanted parties to address the question of whether the petition contained evidence that merited further inquiry; as the Staff indicated in its response filed on January 28th, the Staff has concluded the Applicants' petition is of a sufficient nature that would cause reasonable minds to inquire further.
In its Order of February 3rd, the Board indicated that it would accept a " complete response" from the Staff (and from other parties that wished to supplement their filings).
The Staff respectfully requests that the Board clarify the nature of the response it seeks.
Specifically, is the Board requesting a more detailed response on the question of whether, using the standard established by the Board in its January 7th Order, the Applicants have established a prima facie case for a waiver, or is the Board instead asking for a complete response on the issue of whether Applicants' waiver petition ought to be granted (which would include the complete position of the Staff (and the other parties) on the technical issues raised by the petition)?
Respectfully submitted, Robert G. Perlis Counsel for NRC Staff Dated at Bethesda, Maryland this loth day of February,1987
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9-0}[ FIEF TINITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,87 FEB 12 A11 :27 Ur.
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ~
In the Matter of
)
)
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
)
50-444 OL NEW HAMPSHIRE, et al.
)
Off-site Emergency Planning
)
(Seabrook Station, Units 1 and 2
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR CLARIFICATION OF THE LICENSING BOARD'S ORDER OF FEBRUARY 3, 1987" in the above-captioned have been served on the following by deposit in the ifnited States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mall system or, as indicated by double asterisks, express mail, this 10th day of February,1987.
Helen Hoyt, Esq., Chairman
- Gustave A. Linenberger, Jr.*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission t'ashington, DC 20555 Washington, DC 20555 Dr. Jerry Harbour
- Ms. Carol Sneider, Esq.**
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office cf the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, DC 20555 Boston, MA 02108 Beverly Hollingworth Richard A. Hampe, Esq.
i 209 Winnacunnet Road New Hampshire Civil Defense Agency Hampton, NH 03842 107 Pleasant Street Concord, NH 03301 Sandra Gavutis, Chairman Calvin A. Canney, City Manager Board of Selectmen City Hall RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 l
e d Stephen E. Merrill Paul McEachern, Esq.
Attorney General Matthew T. Brock, Esq.**
George Dana Bisbee Shaines & McEachern Assistant Attorney General 25 Maplewood Avenue Office of the Attorney General P.O. Box 360 25 Capitol Street Portsmouth, NH 03801 Concord, NH 03301 Roberta C. Pevear Angie Machiros, Chairman State Representative Board of Selectmen Town of Hampton Falls 25 High Road Drinkwater Road Newbury, MA 09150 Hampton Falls, NH 03844 Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer Town of Brentwood Public Service Co. of New Hampshire 20 Franklin Street P.O. Box 330 Exeter, NH 03833 Manchester, NH 03105 Charles P. Graham, Esq.
Robert A. Backus, Esq.**
McKay, Murphy and Graham Backus, Meyer & Solomon 100 Main Street 116 Lowell Street J
Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.**
Philip Ahren, Esq.
Harmon & Weiss Assistant Attorney General 2001 S Street, NW Office of the Attorney General Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A. Thomas Thomas G.
Dignan Jr.,
Esq."
Federal Emergency Management Agency Ropes & Gray 442 J.W. McCormack (POCH) 225 Franklin Street Boston, MA 02109 Boston, MA 02110 H.J. Flynn, Esq.
William Armstrong Assistant General Counsel Civil Defense MP ctor Federal Emergency Management Agency Town of FW97 500 C Street, SW 10 Front S9tet Washington, DC 20472 Exeter, JL R tt Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel
- Board
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555
6 Jane Doughty Docketing and Service Section*
Seacoast Anti-Pollution League Office of the Secretary 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, DC 20555 Maynard L. Young, Chairman William S. Lord **
Board of Selectmen Board of Selectmen 10 Central Road Town Hall - Friend Street South Hampton, NH 03287 Amesbury, MA 01913 Michael Santosuosso, Chairman Peter J. Matthews, Mayor Board of Selectmen City Hall South Hampton, NH 03287 Newburyport, MN 09150 Mr. Robert Carrigg, Chairman Judith H. Mizner, Esq.
Board of Selectmen Silverglate, Gertner, Baker Town Office Fine and Good Atlantic Avenue 88 Broad Street North Hampton, - NH 03862 Boston, MA 02110 R. K. Gad III, Esq.
Mrs. Anne E.
Goodman, Chairman Ropes & Gray Board of Selectmen 225 Franklin Street 13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Honorable Gordon J.
Humphrey Holmes & Ellis United States Senate 47 Winnacunnet Road 531 Hart Senate Office Building Hampton, NH 03842 Washington, DC 20510 Robert G. Perlis Counsel for NRC Staff
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