ML20215G740
| ML20215G740 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/17/1986 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | MASSACHUSETTS, COMMONWEALTH OF |
| References | |
| CON-#486-1119 OL-1, NUDOCS 8610210088 | |
| Download: ML20215G740 (3) | |
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}ll' UNITED STATES OF AMERICA fS$fRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Tf6 TT 17 P4:04 Administrative Judges:
GFRU r;. -
Alan S. Rosenthal, Chairman October 17, f863 n
Gary J. Edles Howard A. Wilber SERVED OCT 17 WC
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL-1 OF NEW HAMPSHIRE, et al.
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50-444-OL-1
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(Seabrook Station, Units 1
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(On-Site Emergency Planning and 2)
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and Safety Issues)
)
Carol S.
Sneider, Boston, Massachusetts, for Francis X.
Bellotti, Attorney General of the Commonwealth of Massachusetts.
MEMORANDUM AND ORDER We summarily deny the application of the Commonwealth of Massachusetts, through its Attorney General, for a stay of the effectiveness of the Licensing Board's October 7, 1986 memorandum and order granting the applicants' motion to authorize the Director of Nuclear Reactor Regulation to issue an operating license allowing fuel loading and precriticality testing at the Seabrook nuclear facility.
The Attorney General explicitly eschews any " claim that the health and safety of the public will be irreparably 8610210088 861017 PDR ADOCK 05000443 C
PDR C302
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2 harmed in the absence of a stay."1 In addition, he'himself l
refers to our recent holding that "one who establishes no amount of irreparable injury is not entitled to a stay in the absence of a showing that a reversal of the decision under attack is not merely likely, but a virtual certainty."2 Contrary to the Attorney General's insistence, it is far from certain that his appeal from the October 7 order will prevail.
The appeal rests entirely upon the proposition that, in light of 10 CFR 50.33 (g), fuel loading and precriticality testing could not be authorized without the prior submission of emergency response plans for that i
portion of the Commonwealth within the. plume exposure pathway emergency planning zone.
While we'need not decide the matter definitively at this juncture, this proposition is at least brought into sufficient question by Commission 4
3 decisions in the Shoreham proceeding to preclude the I Attorney General Francis X. Bellotti's Application for a Stay and Brief in Support of Appeal of Licensing Board Order Authorizing Issuance of Operating License to Conduct Fuel Load and Precriticality Testing (October 16, 1986) at 11.
Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Unit 1 and 2), ALAB-820, 22 NRC 743, 746 n.8 (1985).
See Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), CLI-83-13, 17 NRC 741 and CLI-83-17, 17 (Footnote Continued) i 4
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issuance of a stay in the conceded and manifest absence of i
irreparable harm.
Accordingly, the interim stay granted in cur October 16, 1986 order is dissolved.
It is not clear from the Attorney General's papers whether, given this result on the stay application, he intends to pursue the appeal.
~If that 1
is his intent, he shall orally so advise the Secretary to this Board and counsel for the applicants and the NRC staff by 3:00 p.m.
(EDT) today.
In that circumstance, the briefs in opposition to the appeal shall be in our hands and those of the Attorney General no later than 5:00 p.m.
(EDT) on 4
October 24, 1986.
It is so ORDERED.
FOR THE APPEAL BOARD i
_C.
h a
r C.(pean Shoemaker Secretary to the Appeal Board i
i l
i I
)
1 (Footnote Continued)
-NRC 1032, responding to a question certified in LBP-83-21, i
17 NRC 593 (1983).
See also LBP-83-22, 17 NRC 608 (1983),
l discussed in CLI-83-13.
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