ML20211N598
| ML20211N598 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/27/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-822 OL, NUDOCS 8607030162 | |
| Download: ML20211N598 (6) | |
Text
. _ _ _ -.
Dated:
June 27, 1986 0
(g UNITED STATES OF AMERICA
'2 $f dy NUCLEAR REGULATORY COMMISSION
(({lCE before the Sgc}.,G,U-ET 4y z g ;; I 0
IlC!l ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
On-site Emergency Planning (Seabrook Station, Units 1 and 2) )
and Safety Issues
)
)
APPLICANTS' MOTION TO STRIKE SAPL'S OBJECTION TO MOTION TO WITHDRAW CONTENTION NH-10 1.
Under date of June 19, 1986, Seacoast Anti-Pollution League (SAPL) filed an objection to the State of New Hampshire's motion to withdraw Contention NH-10.
2.
SAPL claims that under contention SAPL Supplement 6, SAPL adopted NH-10 as its own and thus the contention cannot be withdrawn without SAPL's comment.
3.
SAPL's objection ignores the following facts:
a.
On December 8, 1982, the applicants served interrogatories upon SAPL which, inter alia, inquired as to whether SAPL intended to hh
i
" litigate" NH-10.
Applicants' Ints. Nos. II-1 et seg. (Dec. 8, 1982).
b.
As memorialized in a Staff letter of June 6, 1983, SAPL represented.to the Staff that SAPL "will leave the litigation of [NH-10] to New Hampshire."
Letter Lessy to Backus (Jan.
6, 1983).
c.
On or about January 13 or 14, 1983, SAPL filed undated answers to interrogatories stating that SAPL did not intend to litigate NH-10, except to cross-examine witnesses and to urge denial of the license on the basis of that contention.
SAPL's Responses to Applicants' Interrogatories and Request for Production of Documents Answer No. II (undated).
d.
On March 1, 1983, the Licensing Board, on the basis, inter alia, of the letter described in Paragraph b above issued a protective order to the effect that SAPL did not need to further answer the above-referenced applicants' interrogatories Nos. II-1 et seg.
In that order the Licensing Board stated-on the basis s
i of the letter described in Paragraph b above i
that SAPL had " dropped", inter alia, NH-10.
ASLB Memorandum and Order of March 1, 1983, at
- i
.-r,,
-v.
o 4, n.3.
SAPL has never suggested on the record that the Licensing Board was in error.
4.
SAPL has long since relinquished any rights it may have had to object to the New Hampshire motion to withdraw NH-10.
5.
In any event, the " motion" filed by New Hampshire is in fact not a motion that either requires substantive Board decisionmaking or permits a response by SAPL.
It is, rather, a notification that Contention NH-lO is no longer in contest and, as such,'is immediately self-executing to limit the Board's authority to simply dismissing the contention.
See Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2), ALAB-830, NRC CCH Nuc. Reg. Rptr.
1 30954 (February 7, 1986); Portland General Electric Co.
(Trojan Nuclear Plant), ALAB-796, 21 NRC 4, 5 (1985).
6.
Even if the SAPL opposition were to be construed as a motion for leave to propound a late-filed contention it must still be denied, for the reasons (i) that SAPL has eschewed any effort to demonstrate satisfaction with the five criteria of 10 CFR 2.714a (see, e.g.,
Boston Edison Co.
(Pilgrim Nuclear Power Station), ALAB-816, 22 NRC 461, 466 (1985)), and (2) because supposed reliance upon another intervenor to prosecute the other intervenor's contentions has been specifically held not to support the requisite
" good cause."
_E.g., Gulf States Utilities 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).
WHEREFORE, the applicants move that the SAPL objection be stricken and that an order enter dismissing Contention NH-10 from the proceeding.
By its attorneys,.
Thomss G. Dign W Jr.
R.
K.
Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 l
1.
CERTIFICATE OF SERVICE I, Thomas G.
- Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on June 27, 1986, I made service of the within document by mailing copies thereof, postage prepaid, to:
Administrative Judge Sheldon J.
Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman 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 Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Andrea C.
Ferster, Esquire Sherwin E. Turk, Esquire Diane Curran, Esquire Office of the Executive Legal Harmon & Weiss Director Suite 430 U._ S. Nuclear Regulatory 2001 S Street, N.W.
Commission Washington DC 20009 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 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W. McCormack Post Commission Offica and Court House Washington, DC 20555 Post Office Square Boston, MA 02109
.,,. u, w. -. - - -.
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 Gar? W. Holmes, Esquire Mr. Peter J. Matthews Holmes & Ells Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 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.
J.
P. Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn:
Herb Boynton)
Rye, NH 03870 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 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.
Judith H. Mizner, Esquire Washington, DC 20472 Silvergate, Gertner, Baker Fine, Good & Mizner Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110 Department of the Attorney General Augusta, ME 04333 C
c-prf Thomas G. Dig g, Jr.
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