ML20235B446
| ML20235B446 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/21/1987 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4440 OL, NUDOCS 8709240107 | |
| Download: ML20235B446 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 SEP 22 P3 :44 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD];
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 HAMPSHIRE, et al.
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Off-site Emergency Planning
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I (Seabrook Station, Units 1 and 2)
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NRC STAFF'S RESPONSE TO APPLICANTS' MOTION FOR SUGGESTION OF MOOTNESS OR, IN l
THE ALTERNATIVE, FOR
SUMMARY
DISPOSITION On July 20, 1987, several interveners in this proceeding filed a joint motion seeking to admit a late-filed contention regarding the announced withdrawal by the City of Manchester as a host community under the New l
Hampshire Radiological Emergency
Response
Plan (NHRERP).
On September 4,
1987, the Applicants filed a " Motion for Suggestion of Mootness or in the Alternative for Summary Disposition"
(" Motion"), in which they requested dismissal of the interveners' motion and late-filed contention on the grounds that the City of Manchester has reconsidered and has now decided to participate as a host community under the NHRERP.
Attached to the Applicants' Motion was a two-page document purported to be a resolution by Manchester's " Board of Mayor and Aldermen", in which "they approved a motion providing that the City of Manchester will participate as a host community" (Motion at 2).
The NRC Staff does not oppose the Applicants' Motion, if the document attached to the Motion does, in fact, constitute an effective determination by the City of Manchester to participate as a host k
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community under the NHRERP.
In that event, the factual underpinning l
for the interveners' late-filed contention will have been eliminated, and rejection of the contention would be appropriate.1 However, because it is not altogether clear from the face of the document attached to Applicants' Motion that it constitutes a determination by the City of Manchester to participate as a host community under the NHRERP, the Staff suggests that this be confirmed by the New Hampshire Attorney General or other responsible State or local officials. 2/
Upon receipt of such confirmation, the Applicants' Motion seeking rejection of this late-filed contention should be granted.
Respectfully submitted, L
Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 21st day of September,1967 l
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Georgia Power Co. (Vogtie Electric Generating Plant, Units 1 l
an3 2), ALAB-872, 26 NRC (Sept. 15, 1987), slip op. at 16 l
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(dismissal of a contention ~'was appropriate where its factual underpinning had been repudiated by its original source, and the intervenor offered no independent information to support its allegation).
2_/
In a similar vein, the Licensing Board previously requested that the I
New Hampshire Attorney General express his views with respect to
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the admissibility of this contention, which the Attorney General then l
provided.
See
" Memorandum and Order (Directing the New
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Hampshire Attorney General to Respond to Interveners' Joint Motion
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to Admit Late-Filed Contention),"
dated August 6, 1987; and
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" Response of the State of New Hampshire to Interveners' Joint Motion to Admit Late-Filed Contention", dated August 19, 1987.
09/21/87 7T UNITED STATES OF AMERICA 87 SE" 22 P 3 :44 NUCLEAR REGULATORY COMMISSION
- P BEFORE THE ATOMIC SAFETY AND LICENSING BOARD-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 HAMPSHIRE, et al.
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Off-site Emergency Planning
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(Scabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANTS' MOTION FOR SUGGESTION OF MOOTNESS OR, IN THE ALTERNATIVE, FOR
SUMMARY
DISPOSITION" 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 mall system, this 21th day of September,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 Washington, DC 20555 Washington, DC 20555 Dr. Jerry Harbour
- 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 i
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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 Angle 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 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.**
4 Federal Emergency Management Agency Ropes & Gray l
442 J.W. McCormack (POCH) 225 Franklin Street
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Boston, MA 02109 Boston, MA 02110 H.J. Flynn, Esq.**
William Armstrong Assistant General Counsel Civil Defense Director Federal Emergency Management Agency Town of Exeter 500 C Street, SW 10 Front Street Washington, DC 20472 Exeter, NH 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
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~ 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 Ill, Esq **
Mrs. Anne E. Goodman, Chairman Ropes & Gray Board of Selectmen 225 Franklin Street 13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 l
Cary 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 b
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Edwin J.,Reis Deputy. Assistant General Counsel I
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