ML20236P140

Intervenors Motion for Leave to File Suppl to Intervenors Applications for Stay of Licensing Board Order Authorizing Operation Up to Five Percent of Rated Power.*

ML20236P140
Person / Time
Site:	Seabrook
Issue date:	07/31/1987
From:	Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN
To:	NRC COMMISSION (OCM)
Shared Package
ML20236P144	List: ML20236P140 ML20236P172
References
CON-#387-4170 OL-1, NUDOCS 8708120232
Download: ML20236P140 (3)

Text

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4 wt y :p UNITED STATES OF AMERICA h "i9 BEFORE THE NUCLEAR REGULATORY COMMISSISY AUG -4 P2 :0 cn 00Dt _

) July 31, 1987 " M .1 In the Matter of )

) Docket Nos. 50-443-OL Public Service Company of ) 50-44'4-OL ~/

New Hampshire, et al )

) On-Site Emergency Planning (Seabrook Station, Units 1 and 2) ) & Technical Issues

)

INTERVENERS' MOTION FOR LEAVE TO FILE A SUPPLEMENT TO INTERVENERS' APPLICATIONS FOR A STAY OF LICENSING BOARD ORDER AUTHORIZING OPERATION UP TO FIVE PERCENT OF RATED POWER Now come the Town of Hampton, New England Coalition on Nuclear Pollution, and Seacoast Anti-Pollution League (hereinafter

" Interveners"), and move for leave to file a supplement to Interveners' a applications for a stay of the licensing board order authorizing Applicants to operate the Seabrook Nuclear Power Plant up to five 1

percent of rated power. In support of this motion, Interveners state:

1 See (1) NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOR A STAY OF A LOW POWER OPERATION PENDING FULL POWER DECISION OR APPELLATE REVIEW, filed May 14, 1987; (2) SEACOAST ANTI-POLLUTION LEAGUE'S MOTION FOR CONTINUANCE OF THE STAY OF THE PARTIAL INITIAL DECISION PENDING THE OUTCOME OF APPEALS THEREOF, filed May 14, 1987; and (3) TOWN OF HAMPTON MOTION FOR A STAY OF LICENSING BOARD ORDER AUTHORIZING ISSUANCE OF LICENSE TO CONDUCT LOW POWER OPERATION, filed May 22, 1987.

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1. Under date of July 22, 1987, Public Service Company of I New Hampshire (PSNH), with a 35% ownership interest in the  ;

1 Seabrook Nuclear Power Plant, filed with the Securities and  !

Exchange Commission a FORM 8-K which provided, inter alia, that under present circumstances it will be " difficult, if not impossible )

)

for the Company to avoid proceedings under the Bankruptcy Code." f See Exhibit A attached.

1 L 2. Absent relief in the Bankruptcy Courts, it is beyond '

significant doubt that Applicants' lead owner is financially t incapable of continuing, for the period of the license, as an owner and/or operator of the Seabrook Nuclear Power Plant.

l

3. Absent relief'in the. Bankruptcy Courts, Applicants, as  ;

presently constituted, have admitted to insuperable financial obstacles to obtaining a full power operating license for Sea-brook. See CLI-87-02, 25 N E at .

4. The recent 8-K filing by PSNH demonstrates there is no  ;

reasonable assurance that Applicants are financially qualified to operate and to decommission Seabrook Station. As referenced in 2

the petition filed herewith, Interveners will 'suf fer irreparable 2

See copy of INTERVENERS' PETITION TO WAIVE REGULATIONS 50.33(f) AND 50.47(4) TO THE EXTENT NECESSARY TO REQUIRE APPLICANTS TO DEMONSTRATE FINANCIAL QUALIFICATION TO' OPERATE AND TO DECOMMISSION SEABROOK STATION, filed herewith and incorporated by reference.

Pursuant to 2.758, Interveners have filed the original petition with the Atomic Safety and Licensing Board. A copy of Inte petition is here filed with the Commission to supplement Inter-venors' requests for a stay of low power operation.

2

$HAINES & McEACHERN . PROFESSIONAL ASSOCIATION 25 MAPLEWOOD AVENUE P O. BOX 360. PORTSMOUTH. N.H. 05f101

__________m

harm if Applicants are permitted to proceed to low power operation, without adequate financial resources to decommission the facility.

For Applicants will irradiate Seabrook Station through low power, generate _high-level nuclear waste,.yet may lack the tens of millions of: dollars necessary to promptly and permanently shut down the' facility, and maintain it in a safe condition, if a full power license.is later denied.

l The Commission should stay low power operation at Seabrook' tation pending presentation of adequate evidence by Applicants ,

of their financial qualification to operate and to decommission Seabrook Station.

Respectfully submitted, TOWN OF HAMPTON By Its Attorneys SHAINES &'McEACHERN Professional Association By L ]" '

_ / Paul McEachern g DN 2' By 4  %

Dated: July $/ , 1987 -

Matthew T. Brock TOWN OF HAMPTON, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE Q.

By  %. ]

Authorized Representative 3

l SHAINES En McEACHERN . PROFESSIONAL A550CIATON PS MAPLEWOOD AVENUE . p. O. BOX 360 PORTSMOUTH, N.H. 03801 c_i _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~."'~