ML20214N185
| ML20214N185 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/21/1987 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#287-3596 OL-1, NUDOCS 8706020092 | |
| Download: ML20214N185 (8) | |
Text
DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 MAY 22 P3 54 BEFORE TIIE COMMISSION (F F r..
i u t, C "
'f, a
r-In the Matter of
)
)
Docket Nos. 50-443 OL-1
+
PUBLIC SERVICE COMPANY OF
)
50-444 OL-1 NEW IIAMPSHIRE, et al.
)
On-site Emergency Planning
)
and Safety Issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF'S MOTION FOR LEAVE TO FILE A SINGLE RESPONSE TO STAY APPLICATIONS AND FOR EXTENSION OF PAGE LIMITATION i
Sherwin E. Turk Senior Supervisory Trial Attorney May 21,1987 8706020092 870521 PDR ADOCK 05000443 G
PDR D307
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE Tile COMMISSION In the Matter of
)
)
Docket Nos. 50-443 OL-1 PUBLIC SERVICE COMPANY OF
)
50-444 OL-1 NEW IIAMPSHIRE, e_t al.
)
On-site Emergency Planning
,t
)
and Safety Issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF'S MOTION FOR LEAVE TO FILE A SINGLE RESPONSE TO STAY APPLICATIONS AND FOR EXTENSION OF PAGE LIMITATION t
j Sherwin E. Turk Senior Supervisory Trial Attorney May 21,1987 9
l
0, 5/21/87 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION 4
In the Matter of
)
)
Docket Nos. 50-443 OL-1 PUBLIC SERVICE COMPANY OF
)
50-444 OL-1 NEW HAMPSIIIRE, g al.
)
On-site Emergency Planning
)
and Safety Issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF'S MOTION FOR LEAVE TO FILE A SINGLE RESPONSE TO STAY APPLICATIONS AND FOR EXTENSION OF PAGE LIMITATION The NRC Staff
(" Staff") hereby requests leave to file a single response to the applications for a stay of the Licensing Board's March 27, 1987 Partial Initial Decision ("PID") which have been or may be filed by other parties to this proceeding before the Commission, which response l
would not exceed 20 pages in length and would be filed on or before June 8, 1987.
In support of this request, the Staff states as follows:
1.
Applications for a stay of the Licensing Board's PID have been filed by the Massachusetts Attorney General
(" Mass A G"), the New England Coalition on Nuclear Pollution ("NEC NP"), and the Seacoast Anti-Pollution League ("SAPL"). I-In addition, Counsel for the Town of l
-1/
These are (1) " Attorney General James M. Shannon's Application for A Stay of Licensing Board Order Authorizing Issuance of Operating License to Conduct Low Power Operation", filed May 13, 1987; (2) "New England Coalition on Nuclear Pollution's Motion for A Stay of A Low Power Operation Pending Full Power Decision Or Appellate Review",
filed May 14, 1987; and (3) " Seacoast Anti-Pollution League's Motion for Continuation of the Stay of the Partial Initial Decision Pending the Outcome of Appeals Thereof", filed May 14, 1987.
1 I-l
- -,,,,_..,--- n
7 Hampton has advised the Staff that a stay application will be filed by that party on or before May 25, 1987.
2.
The pending stay applications are similar to each other in many respects, presenting many of the same arguments.
For example, with respect to the likelihood of success on the merits, two or more of the stay applications argue that a supplemental environmental impact statement ac' dressing low power operation is required (Mass AG at 3-5; NECNP at 4-7); that the parties' right to a hearing has been violated (Mass AG at 6-8; NECNP at 3-. ; that the Final Environmental Statement gave inadequate consideration to " Class 9" accidents (Mass AG at 6; SAPL at 2-4);
and that the Board er.ed in rejecting certain late-filed contentions concerning the alert / notification siren system (Mass AG at 5-6; SAPL at 6-8).
The stay applications also present similar arguments as to the issues of irreparable harm, harm to other parties, and where the public interest lies.
3.
The filing by the Staff of a single response to the stay applications, as was previcusly ordered by the Appeal Board with respect to the stay applications filed before it (Orders dated April 9,1987), will enable the Staff to avoid duplication and present a comprehensive response to all four stay requests.
In the absence of a single filing, the Staff would be permitted to file a separate 10-page response to each of the four stay applications.
While a single response to all four stay applications would, of necessity, exceed 10 pages, such a response is unlikely to exceed 15 pages, and would certainly not exceed 20 pages.
4.
In accordance with the Commission's scheduling Order of May 14,1987, the Staff is required to file a response to the Mass AG and
V NECNP on May 26, 1987; to SAPL on May 29, 1987; and to the Town of Hampton on.or about June 8,1987.
In the event this motion is granted, the Staff would file a single response to all four stay applications within 10 days after service of the last such application, i.e.,
on or before June 8, 1987.
5.
Counsel for the Staff has contacted counsel for the Applicants, the Mass AG, NECNP, SAPL, and the Town of Hampton, and is authorized to stato that those parties do not oppose this Motion.
WilEREFORE, the Staff moves for leave to file a single response to the stay applications of the Mass AG, NECNP, SAPL, and the Town of Hampton, which response would not exceed 20 pages in length and would be filed on or before June 8,1987.
Respectfully submitted, bid sw Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 21st day of May,1987
7 00CKETED ussac UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 MAY 22 P3:57 BEFORE THE COMMISSION OFTK U.
00CKLT E s S avmr BRANC4 In the Me.ter of
)
)
Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 NEW IIAMPSHIRE, et al.
)
On-site Emergency Planning
-~
)
and Safety Issues (Seabrook Station, Units 1 and 2
)
CERTIFICATE OF SERVICE I
hereby certify that copies of "NRC STAFF'S MOTION FOR LEAVE TO FILE A SINGLE RESPONSE TO STAY APPLICATIONS AND FOR EXTENSION OF PAGE LIMITATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 21st day of May, 1987.
Sheldon J. Wolfe, Esq., 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, DC 20555 Washington, DC 20555 Dr. Jerry Ilarbour Ms. Carol Sneider, Esq.
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, DC 20555 Boston, MA 02108 Beverly Hollingworth Richard A. Hampe, Esq.
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
Q Stephen E. Merrill Paul McEachern, Esq.
Attorney General Matthew T. Brock, Esq.',
George Dana Bisbee Shaines a McEachern Assistant Attoiney 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 110 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmon a 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 a 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 Director Federal Emergency hianagement Agency Town of Exeter 500 C Street, SW 10 Front Street Washington, DC 20472 Exeter, 11 ri 03833 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
3 5 '
Jane Doughty Docketing and Service Section*
Seacoast Anti-Pollution League Office of the Secretary 5 Market Strect 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 Sa'ntosuosso, 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 a Grey Board of Selectmen 225 Franklin Street 13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 U.AAN Sherwin E. Turk Senior Supervisory Trial Attorney
,