ML20236A245
| ML20236A245 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/06/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#189-8239 OL-1, NUDOCS 8903170006 | |
| Download: ML20236A245 (6) | |
Text
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. UNITED STATES OF AMERICA
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1 NUCLEAR REGULATORY COMMISS10N-COMMISSIONERS.
89 MR ~-6 P3 :05 Lando W. Zech, Jr., Chairman
~ Thomas M. Roberts Orrn Kenneth M. Carr 00 Chi 'n W
- t Kenneth C.- Rogers 5'"
James R. Curtiss
.)
SERVED MAR -61969 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Docket Nos. 50-443-OL-1 50-444-OL-1 (Seabrook Station, Units 1 and 2 -
(On-site Emergency Planning.
)
and Safety Issues).
)
1 MEMORANDUM AND ORDER By Memorandum and Order of February 8,1989k, the Atomic Safety and Licensir.o Appeal Board (Appeal Board) forwarded to us the joint motion of the Attorney General of Massachusetts, Seacoast Ainti-Pollution League, and the New England Coalition on Nuclear Pollution (Interveners) seeking interlocutory relief from a scheduling order of the Atomic Safety and Licensing Board which I
i IPublic Service Co. of New Hampshire (Seabrook Station, Units 1 and 2),
ALAB-910, (February 8,1989) (noting constraint in ruling on the subject motion in licht of a february 3,1989 Comission statement commending the Licensing Board). The Comission's February 3 statement which comended efforts toward a goal'of " bring [ing] this proceeding to a close within a reasonable timeframe, taking into account the rights of the parties" was not intended as a femal, l
adjudicatory approval of the scheduling order at issue here. Moreover, it is not inappropriate for the Comission in its supervisory capacity to interest itself in " target" date estimates, especially in matters that are particularly resource intensive. - Such dates are not requirements unless otherwise stated.
8903170006 890306
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PDR ADOCK 05000443 S O
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is hearing offsite emergency plrning issues in this operating license proceeding.
de considered-Interveners' motion for directed certification, along with 3
responses of Applicants and the Staff to the motion, to determine whether Interveners had met their burden of showing a lack of fundamental fairness in the schedule that rose to the level of a violation of due process.
See, Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-889, 27NRC265,269(1988)(citingPublicServiceCompanyofNewHampshire(Seabrook Station,UnitsIand2)),ALAB-864,25NRC417,420-21(1987).
In arriving at our ruling we also reviewed the three rulings of the Appeal Board on previous motions for directed certification of schedules in this proceeding to ascertain where the schedule at issue here fell on the spectrum between one schedule that had been ad,iudged warranting grant of certification and those adjudged warranting denial.
See ALAB-889 (denial), ALAB-864 (grant) and Public Service
, Company of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-858, 25 NRC 17 (1987)(denial).
On consideration of all the fortgoing, it is clear to us that, at the least, the staff is correct that the schedule at issue " simply cannot be said to be 'so draconian as to raise an issue of constitutional [due process) dimensions.'" Staff's Response at 11 quoting ALA8-889, 27 NRC at 269 (insertion I
l 2Seabrook (offsite Emergency Planning), Memorandum and Order (Setting HearingSchedule), January 24,1989(unpublished).
3The Commission found the Staff's paper particularly helpful in evaluating this matter.
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provided). That beiro'so,. Interveners have not met their burden. Accordingly, Interveners' motion for directed certification is denied.
Commissioner Curtiss did not participate in this order.
It is so ORDERED.
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g For the Com sion,*
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<. I. L $$;4 SAMUEL CHILK
,; Secretary of he Comission
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Dated at Rockville, Maryland this - day _of % M 1989 s
Commissioner Roberts was not present for the affirmation of
.this. order, if he had been present he would have approved it.
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UNITED STATES OF AMERICA NUCLEAR RESULATORY COMMISSION In the Matter of I
l' PUBLIC SERVICE COMPANY OF NEW i
-Docket No.(s) 50-443/444-OL-1 HAMPSHIRE, ET AL.
I (Seabrook Station, Units 1 and 2) i l
i CERTIFICATE OF SERVICE I hereby certif y that copies of the f oregoing COMM. MEMO. AND ORDER DTD 3/6 have been served upon the following persons by U.S. mail, first class, except as otherwise noted'and in accordance with the requirements of 10 CFR 8ec. 2.712.
Administrative Judge Administrative Judge Alan S. Rosenthal, Chairman Thomas S. Moore Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC _20555 Washington, DC 20555 Administrative Judge Howard A. Wilber Administrative Judge Atomic Safety and Licensing Appeal Peter B. Bloch, Chairman Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 t
Administrative Judge Administrative Law Judge Jerry.
Harbour Ivan W. Smith 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 Administrative Judge Edwin J. hels, Esq.
Emmeth A. Luebke Office of the General Counsel 5500 Friendship Boulevaro, Apt. 1923N U.S. Nuclear Regulatory Commission Chevy Chase, MD 20815 Washington, DC 20555 Diane Curran, Esq.
Thomas G. Dignan, Jr., Esc.
Harmon, Curran & Tousley Ropes & Bray 2001 S Street, N.W., Suite 430 One International Place Washington, DC 20009 Boston, MA 02110
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Docket No.(s)50-443/444-OL-1 COMM. MEMO. AND ORDER DTD 3/6 Robert A. Backus, Esq.
Paul McEachern, Esq.
Backus, Meyer k Solomon Shaines k McEachern 116 Lowell Street 25.Maplewood Avenue, P.O. Dox 360 Manchester, NH 03106 Portsmouth, NH 03801 Gary W. Holmes, Esq.
Charles P. Graham, Esq.
Holmes & Ells McKay, Murphy and Graham 47 Winnacunnet Road 100 Main Street Hampton, NH 03842 Amesbury, MA 01913 Barton Z. Cowan, Esq.
Jane Doughty Eckert, Seamans, Charin & Mellott Seacoast Anti-Pollution League 600 Grant Street, 42 Floor 5 Market Street Pittsburgh, PA. 15219 Portsmouth, NH 03801 George W. Watson, Esq.
Edward A. Thomas Federal Emergency Management Agency Federal Emergency Management Agency 500 C Street, S.W.
442 J.W. McCormack (PDCH)
Washington, DC 20472 Boston, MA 02109 George D. Bisbee, Esq.
Suzanne Breiseth Assistant Attorney General Board of Selectmen Office of the Attorney General Town of Hampton Falls 25 Capitol Street Drinkwater Road Concord, NH 03301 Hampton Falls, NH 03044 Carol S. Sneider, Esq.
Matthew T. Brock, Esq.
Assistant Attorney General Assistant Attorney General Office of the Attorney General Office of the Attorney' General One Ashburton Place, 19th Floor One Ashburton Place, 19th Floor Boston, MA 02108 Boston, MA 0210B The Honorable Philip Ahrens, Esq.
Edward J. Markey, Chairman Assistant Attorney General ATTN Linda Correia Office of the Attorney General Subcommittee un Energy Conservation and State House Station, #6 Power Augusta, ME 04333 House Committee on Energy and Commerce Washington, DC 20515
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Docket No.(s)50-443/444-OL-1 1
COMM. MEMD. AND ORDER DTD 3/6 Richard A. Hampe Esq.-
J. P. Nadeau Hampe & McNicholas.
Board of Selectmen
- 35. Pleasant Street 10 Central' Street Concord, NH' 03301 Rye, NH 03870 Allen Lampwrt William Armstrong Civil Defense Director Civil Defense Director Town of Brentwood Town of Exeter 20 Franklin Street 10 Front Street.
Exeter, NH 03833 Exeter, NH 03833 Sandra Gavutis, Chairman Calvin A. Canney Board of Selectmen City Manager RFD #1 Box 1154 City Hall Kensington, NH 03B27 126 Daniel Street Portsmouth, NH 03801 Anne Goodman, Chairman Board of Selectmen Board of Selectmen 13-15 Newmarket Road Town Hall - Friend Street Durham, NH 03824 Amesbury, MA 01913 Peter J. Matthews Mayor of Newburyport Michael Santosuosso, Chairman City Hall Board.of Selectmen Newburyport, MA 01950 South Hampton,'NH 03927 R. Scott Hill-Whilton, Esquire Stanley W. Knowles, Chairman Lagoulis, Hill-Whilton k McGuire Board of Selectmen 79 State Street P.O. Box 710 Newburyport,, MA 01950 North Hampton, NH 03862 The Honorable Bordon J. Humphrey ATTN Janet Cott United States Senate Washington, DC 20510 Dated at Rockville, Md. this Office of the retary of the Commission I