ML20236M472
| ML20236M472 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/09/1998 |
| From: | Backus R BACKUS, MEYER & SOLOMON, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Cotter P, Kelber C, Little L AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20236M475 | List: |
| References | |
| CON-#398-19304 98-746-05-LA, 98-746-5-LA, LA, NUDOCS 9807140097 | |
| Download: ML20236M472 (26) | |
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_ w BACKU S, MEYER, 80LOMON,00CKETED ROOo & BRANCH ggg ATTO RN EYS AT LAW l
H6 LOWELL STREET JON MEYER.
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l STEVEN A. SOLOMON PO. Box...
JENNIFER ROOo**
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B. J. BRANCH
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.s RULEW: K*: "08"# ^ "^c*uS DARIN HOOD-TUCKER FAX 16038 668 C730
. HART July 9,1998 i
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Judge Paul Cotter, Jr., Chairman l
Atomic Safety and Licensing Board Panel Nuclear Regulatory Commission l
Washington, D.C. 20555-0001 I
Dr. Charles W. Kelber
(-
Atomic Safety and Licensing Board Panel.
[
Nuclear Regulatory Commission l
Washington, D.C. 20555-0001-Dr. Linda Little i
5000 Hermitage Drive l
Raleigh, NC 27612 l
Re:
North Atlantic Energy Service Corporation Seabrook Station, Unit No.1 Docket No. 50-443 - L A ASLBP No. 98-746-05-LA
Dear Administrative Judges:
As directed by the Board's Order, I am herewith filing the following:
1.
Sworn affidavits in support of standing of S APL and NECNP.
l The following have submitted aflidavits on behalf of S APL.
l-i Kristie Conrad Doug Bogen
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Christopher Nord Steven N. Haberman 1
9907140097 900709 g
DR ADOCK 050004 3 n~n
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The following have submitted affidavits authorizing the New England Coalition to represent them:
John Parker Sarah Parker j
Elizabeth Meiklejohn.
1 2.
Contentions, with supporting bases filed jointly on behalf of both organizations.
3.
A Memorandum of Law on the issue of the admissibility of Contentions 2-4 NAESCO has indicated that it will oppose any contention that does not deal solely with the issue ofless frequent steam generator inspections.
Finally, I would like to briefly respond to the claims made by both counsel for the NRC staff and counsel for NAESCO that the petition on behalf of NECNP is untimely. Counsel for the staff l
cites Boston Edison,22 NRC 461, in support of his position that the NECNP petition is untimely.
i In fact, there is no separate NECNP petition. NECNP is simply joining in the June 5* petition filed by SAPL, which the Board has already ruled as timely. NECNP is not raising any new contentions, bringing forth any matters not addressed in the June 5* filig or using snarate counsel.
Because of this, the case cited by counsel for the staff, Boston Edision. is not on point. In that case, there was only one petition, filed eight days late, which did not address the late filed criteria of 10 CFR 2.714(a). In the present case, there is a timely petition, in which another organization isjoining.
Because of the circumstance, there cannot be any claim by either the staff or NAESCO that there was any prejudice as a result of the NECNP joinder in the SAPL June 5* petition. All that is at issue is whether the caption on pleadings in this proceeding can bear the names of two petitioners or must oc limited to only one. In actuality, therefore, NECNP is merely seeking joinder pursuant to FRCP 20. The Federal Rules apply when, as here, the NRC has no rule on jomder. Ospigia Power Comoany (Vogtle), LBP-96-16,44 NRC 59,62; Cincinnati Gas & Electric Comnany (Zimmer), LBP 82-47,15 NRC 1538,1542 (1982). Thus, as NECNP intends to raise no issues different than SAPL, NECNP should be allowed to join.
Very truly yoursj
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bert A. Backus RAB/acw Enclosures w__-__-
cc:
SAPL NECNP David Lochbaum Paul Gunter, NIRS l
1 1
1 1
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I' UNITED STATES OF AMERICA g
-BEFORE THE NUCLEAR REGULATORY COMMISSI 98 Ill.13 A10:38 Before Administrative Judges:
OFFICE OF SER~w B.
Paul Cotter, Jr., Chairman RULih 'E sID Dr. Charles N.
Kelber ADJUDiC/dO6 srAFF Dr. Linda W.
Little In the Matter of
)
)
North Atlantic Energy
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Service Corporation
)) Docket No. 50-443 Seabrook Station, Unit No. 1
)
) ASLBP No. 98-746-05-LA Rockingham County, New Hampshire
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Affidavits of Kristie Conrad, Doug Bogen, Christopher Nord and Steven N. Haberman in support of SAPL and John Parker, Sarah Parker and Elizabeth Meiklejohn in support ofNECNP, Contentions 1 through 4 and Memorandum ofLaw regarding the Admissibility of Contentions 2 through 4 in the above-captioned proceeding have been sened on the following by deposit in the United States Mail, first class, this 9* day of July,1998.
Oflice of the Secretary B. Paul Cotter, Jr.
U.S. Nuclear Regulatory Commission Chairman Washington, D.C. 20555 Atomic Safety and Licensing Board Attn: Docketing and Senice Station U.S. Nuclear Regulatory Commission (Original and two copies)
Washington, DC 20555-0001 Steven R. Hom, Esq.
Dr. Charles N. Kelber Office of the General Counsel Administrative Judge U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Lillian M. Cuoco David A. Repka Senior Nuclear Counsel Winston & Strawn Northeast Utilities Service Company 1400 L Street, N.W.
107 Selden Street Washington, D.C. 20005 Berlin, CT 06037 i
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l l
Adjudicatory File Office ofCommission Appellate Adjudication j
Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission l
U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dated:
f/977 A
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ilober(A. Backms For SAPL and NECNT i
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