ML20236D963
| ML20236D963 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/26/1987 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#487-4687 OL-1, NUDOCS 8710290007 | |
| Download: ML20236D963 (7) | |
Text
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00CKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 (CT 27 100:27 i
QFRCE0':..3,7c.,;e
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PEFORE THE COMMISSION 000KE i!NG,\\ if,4Wr['
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M * ::i.:u In the Matter of
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Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 N.EW HAMPSHIRE, et al.
)
On-site Emergency Planning
)
and Safety issues (Seabrcok Station, Units 1 and 2
)
NRC STAFF'S RESPONSE TO INTERVENERS' MOTION FOR LEAVE TO FILE A SECOND SUPPLEMENT TO INTERVENERS' APPLICATIONS FOR A STAY OF LICENSING BOARD ORDER AUTHORIZING OPERATION UP TO FIVE PERCENT OF RATED POWER 8710290007 e71026 PDR ADOCK 0500 3
Gregory Alan Berry Counsel for NRC Staff l
October 26, 1987 6
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UNITED' STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
BEFORE THE COMMISSION i
in the Matter of
)
)
Docket Nos, 50-443 OL-01 50-444 OL PUBLIC SERVICE COMPANY OF
)
NEW HAMPSHIRE, el al.
)
On-site Emergency Planning
)
and Safety issues l
(Seabrook Stat!cn, Units 1 and 2)
)
l 4
i NRC STAFF'S RESPONSE TO INTERVENERS' MOTION FOR l
LEAVE TO FILE A SECOND SUPPLEMENT TO INTERVENERS' l
. APPLICATIONS FOR A STAY OF LICENSING BOARD ORDER AUTHORIZING OPERATION UP TO FIVE PERCENT OF RATED POWER On October 8,1987, the Town of Hampton, New England Coalition on Nuclear' Power, and the Seacoast Anti-Pollution League (collectively " Joint Interveners"), filed a motion for leave to file a second supplement to their applications for a stay M of the licensing board's order authorizing Applicants to operate the Seabrook Station at up to five percent of rated power.
For the reasons explained below, the NRC Staff opposes Joint Interveners' request.
The C.cmmission's rules do not provide for supplementation of a stay applica' on, see 10 C.F.R. 9 2.788, and Joint Interveners do not explain 1/
See New England Coalition On Nuclear Power's Motion For A Stay Of l
A"~ Low Power Operation Pending Full Power Decision Or Appellate Review (May 14, 1987); Seacoast Anti-Pollution League's Motion For l
l Continuance Of The Stay Of The Partial Initial Decision Pending the Outcome Of Appeals' Thereof (May 14, 1987); Town of Hampton
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Motion For A Stay Of License To Conduct Low Power Operation R
(May 22,1987); interveners' Motion Leave To File A Supplement To i
(FOOTNOTE CONTINUED ON NEXT PAGE) 1 i
<u.
I k why they could not have more fully briefed the financial - qualification issue in their July 31, 1987 supplement to their initial stay requests.
Since good cause for filing this " supplement" has not been shown, it should not be allowed. g.10 C.F.R. 9 2.734(a).
Moreover, the " supplement" to which Joint Interveners refer is a pleading filed by them with the Appeal Board captioned " Interveners' Brief in Support Of Appeal Of Memorandum And Order Denying Petition to Yialve Regulations 50.33(f) and 50.57(a)(4) To The Extent Necessary To Require Applicants To Demonstrate Financial Qualification To Operate And Decommission Seabrook Station. "
Thus, Joint interveners' instant motion is an attempt to bring before the Commission a legal proceeding
. currently pending before the Appeal Board. -
Granting Joint interveners' (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) l Interveners' Applications For A Stay Of Licensing Board Order Authorizing Operation Up To Five Percent Of Rated Power (July 31, 1987).
I l
2/
Indeed, the Appeal Board must await the responses of the Staff and the Applicants before ruling on Interveners' appeal, neither of which it has yet received.
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> motion in these circumstances would be duplicative, and would require that other parties be afforded an opportunity to file with the Commission the responsive briefs which they have filed or soon will file before the Appeal Board. 3,/
Accordingly, the motion for leave should be denied.
l R p tctf Ily ubmitted, l
regory Alan Berry Counsel for NRC S f Dated at Bethesda, Maryland this 26th day of October 1987 3/
It is noted that the Appeal Board in ALAB-875, romanded LBP-87-10 to the Licensing Board and required it to consider further
~
contentions which it had previously rejected for litigation and "to determine expeditiously the appropriateness of a renwal pendente lite of the low-power authorization contained in
[ LB P-87-107 A LAB-]75, slip op. at 49.
The Appeal Board stated that in the event the Licensing Board concludes in a separate written order that low-power operation may commence prior to the completion of the remand, such order "shall not become effective for a period of 10 days following the date of its service to enable any dissatisfied party to seek relief."
Id. at 50.
Therefore, it does not appear that the Joint Interveners will not be prejudiced if their motion is denied.
00CMETE0 UNITED STATES OF AMERICA
. NUCLEAR REGULATORY COMMISSION W OCT 27 A10:27 BEFORE THE COMMISSION OFFICE CF 3ECntuo 00CHEliNG A SEi<vicr BRANCH in the Matter of
)
)
Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 NEW HAMPSHIRE, et al.
)
On-site Emergency = Planning
)
and Safety issues l
(Seabrook Station, Units 1 and ?)
)
CERTIFICATE OF SERVICE i
' I hereby certify that copies of "NRC STAFF'S RESPONSE TO INTERVENERS' MOTION FOR LEAVE 'TO FILE A SECOND SUPPLEMENT TO INTERVENERS' APPLICATIONS FOR A STAY-OF LICENSING BOARD ORDER AUTHORIZING l
OPERATION UP TO FIVE - PERCENT OF RATED POWER" 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, L
this 26th day of October 1987.
Alan S. Rosenthal, Esq., Chairman
- Dr. Emmeth A. Luebke l
Administrative _ Judge Administrative Judge Atomic Safety and Licensing Board 5500 Friendship Boulevard 4
U.S. Nuclear Regulatory Commission Apartment 1923N Washington, DC 20555 Chevy Chase, Maryland 20815 l
l Dr. Jerry Harbour
- Ms. Carol Snelder, 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 l
Sandra Gavutis, Chairman Calvin A.
- Canney, City Manager j
Board of Selectmen City Hall i
RFD 1 Box 1154 126 Daniel Street l-Kensington, NH 03827 Portsmouth, NH 03801 Stephen E. Merrill Paul McEachern, Esq.
Attorney General Matthew T. Brock, Esq.
l l
t
n 4 George Dana Bisbee Shalnes 6 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 Hamptan 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 S 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 & 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 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 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
- t. tynard L. Young, Chairman William S. Lord Board of Selectmen Board of Selectmen
o 4 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
l Gary W. Holmes, Esq.
l Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 p
- Gregor/y A n Berry' Couns4 fo NRC Staff
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