ML20211P016

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Response to Applicant 860617 Motion for Incorporation of Certain Matls in Record,For Closing of Record & Issuance of Partial Initial Decision Authorizing OL for 5% Operation. Motion Should Be Granted.W/Certificate of Svc
ML20211P016
Person / Time
Site: Seabrook  
Issue date: 07/07/1986
From: Sherwin Turk
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
CON-#386-929 OL, NUDOCS 8607110237
Download: ML20211P016 (5)


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USNRC UNITED STATES OF AMERICA jg _g py;jg NUCLEAR REGULATORY COMMISSION OFFICE OF SECRtTARY BEFORE THE ATOMIC SAFETY AND LICENSING IfdkRQgfR'.'ff.1.

In the Matter of

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PUBLIC SERVICE COMPANY OF

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Docket Nos. 50-443 OL-1 NEW HAMPSIIIRE, et al.

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50-444 OL-1

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On-Site Emergency Planning (Scabrook Station, Units 1 and 2)

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and Safety Issues NRC STAFF'S RESPONSE TO APPLICANTS' MOTION FOR INCORPORATION OF CERTAIN MATERIALS IN RECORD; FOR CLOSING OF RECORD; AND FOR ISSUANCE OF PID AUTHORIZING ISSUANCE OF OPERATING LICENSE FOR OPERATION NOT IN EXCESS OF 5% OF RATED POWER On June 17, 1986, the Applicants filed their " Motion for Incorpor-ation of Certain Materials In Record; for Closing of Record; and for Issuence of Partial Initial Tiecision Authorizing Issuance of Operating License for Operation Not in Excess of 5% of Rated Power" (" Motion").

For the reasons set forth below, the Staff does not oppose the Appli-cants' Motion and recommends that it be granted.

In their Motion, the Applicants recite certain aspects of the pro-cedural history of this proceeding culminating in the Licensing Board's issuance of its November 1985 Order reopening the record "for the limited purpose of supplementation", and the Applicants' and Staff's filing of certain documents in accordance with that Order.

The Applicants move (1) to incorporate certain referenced documents into the record; (2) to require other identified parties and interested States to indicate whether they require cross-examination with respect to these documents, [

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8607110237 860707 PDR ADOCK 05000443 G

PDR

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\\ and "to state w}th particularity why such cross-examination is necessary to develop a sound record"; (3) to schedule any further proceedings "as soon as possible consistent with the Board members' convenience and availability"; and (4) to close the record and issue a PID authorizing operation of Seabrook Unit I at power levels up to and including 5% of rated power.

The Staff considers that it has complied fully with the Licensing Board's Order requiring supplementation of the record, and is not aware of any reason which would preclude the issuance of a PID authorizing low power operation as requested by the Applicants.

In addition, the Staff believes that the procedural requests contained in the Applicants' Motion do not pose any conditions which are essentially unfair to the other parties and/or interested States, and would serve to expedite the conclusion of this proceeding with proper consideration given to the requirements of due process and the provisions of 10 C.F.R. 550.57(c).

Accordingly, the Staff does not oppose the Applicants' Motion.

CONCLUSION For the reasons set forth above, the Staff does net oppose the Applicants' Motion and recommends that it be granted.

Respectfully submitted, d

  • e Sherwin E. Turk Senior Supervisory Trial Counsel I

Dated at Bethesda, Maryland this 7th day of July,1986 I

t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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PUBLIC SERVICE COMPANY OF

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Docket Nos. 50-443 OL-1 NEW HAMPSHIRE, et al.

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50-444 OL-1

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

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and Safety Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANTS' MOTION FOR INCORPORATION OF CERTAIN MATERIALS IN RECORD: FOR CLOSING OF RECORD: AND FOR ISSUANCE OF PID AUTHORIZING ISSUANCE OF OPERATING LICENSE FOR OPERATION NOT IN EXCESS OF 5% OF RATED POWER" in the above proceeding have been served on the following by deposit in the United State mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 7th day of July,1986.

Sheldon J. Wolfe, Chairman

  • Dr. Emmeth A. Luebke*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Dr. Jerry llarbour*

Carol Sneider Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D.C.

20555 Boston, MA 02108 Beverly Hollingworth Stephen E. Merrill 209 Winnacunnet Road Attorney General Hampton, NH 03842 George Dana Bisbee Assistant Attorney General Sandra Gavutis, Chairman Office of the Attorney General Board of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, NH 03301-6397 Kensington, NH 03827 Richcrd A. Hampe, Esq.

New Hampshire Civil Defense Agency 107 Pleasant Street Concord, NH 03301 l

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Calvin A. Canney, City Manager Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood Portsmouth, NH 03801 20 Franklin Street l

Exeter, NH 03833 Roberta C. Pevear State Representative Angie Machiros, Chairman Town of Hampton Falls Board of Selectmen i

Drinkwater Road 25 High Road i

Hampton Falls, NH 03844 Newbury, MA 09150

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i Mr. Robert J. Harrison Jerard A. Croteau, Constable t

President and Chief Executive Officer 82 Beach Road, P.O. Box 5501 Public Service Co. of New Hampshire Salisbury, MA 01950 j

P.O. Box 330 Manchester, NH 03105 Diane Curran, Esq.

1 Harmon & Weiss Robert A. Backus, Esq.

2001 S Street, N.W.

Backus, Meyer & Solomon Suite 430 116 Lowell Street Washington, D.C.

20009 Manchester, NH 03106 i

i i

Edward A. Thomas Philip Ahrens, Esq.

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Federal Emergency Management Agency Assistant Attorney General t

442 J.W. McCormack (POCH)

Office of the Attorney General i

Boston, MA 02109 State House Station, #6 Augusta, ME 04333 f

H.J. Flynn, Esq.

Thomas G. Dignan, Jr., Esq.

Assistant General Counsel Ropes & Gray Federal Emergency Management Agency 225 Franklin Street 500 C Street, S.W.

Boston, MA 02110 Washington, D.C.

20472 Jane Doughty Atomic Safety and Licensing Seacoast Anti-Pellution League Board

  • 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, D.C.

20555 Atomic Safety and Licensing Paul McEachern, Esq.

l Appeal Panel

  • Matthew T. Brock, Esq.

l U.S. Nuclear Regulatory Commission Shaines & McEachern Washington, D.C.

20555 25 Maplewood Avenue t

P.O. Box 360 Portsmouth, NH 03801 i

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e Docketing and Service Section*

William Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter Washington, D.C.

20555 10 Front Street Exeter, NH 03833 f.laynard L. Young, Chairman Board of Selectmen Peter J. Matthews, Mayor 10 Central Road City Hall Rye, NH 03870 Newburyport, MA 09150 Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectment South Hampton, NH 03827 Town Hall - Friend Street Amesbury, MA 01913 Mr. Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 R. K. Gad III, Esq.

Gary W. Holmes, Esq.

Ropes & Gray Holmes & Ellis 225 Franklin Street 47 Winnacunnet Road Boston, MA 02110 Hampton, NH 03842 Judith H. Mizner, Esq.

Silverglate, Gertner, Baker Fine and Good 88 Broad Street Boston, MA 02110

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hv E /wAL-Sherwin E. Turk Senior Supervisory Trial Counsel