ML20236V033
| ML20236V033 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/24/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4946 OL-1, NUDOCS 8712040046 | |
| Download: ML20236V033 (6) | |
Text
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)hkYh b DOCKETED November 24 Ih87 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE 0f SEGtiany 00CMUgcjjEnvict before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL-1 OF NEW HAMPSHIRE, EI AL.
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50-444-OL-1
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(Seabrook Station, Units 1
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(Onsite Emergency and 2)
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Planning and Safety
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Issues)
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APPLICANTS' ANSWER TO NEW ENGLAND COALITION ON NUCLEAR POLII.TTION'S MOTION FOR EXTENSION OF HEARING SCHEDULE Under date of November 20, 1987, New England Coalition on Nuclear Pollution (NECNP) has filed a Motion for Extension of Hearina Schedule.
The thrust of the motion is to ask this Board to extend from December 7, 1987 to January 4, 1988 the date by 1
which parties are to inform the Board as to whether they will be l
I filing summary disposition motions in this remanded proceeding.
In addition, NECNP asks this Board to extend the date for completion of discovery from the currently contemplated December 28, 1987 to, and including, February 1, 1987.
Essentially two bases are put forth in support of the motion.
First it is argued that NECNP has commitments with respect to other facets of this ongoing operating license proceeding which make it difficult for NECNP to adhere to the deadlines imposed by the present schedule.
Motion at 1 - 2.
In 8712040046 871124 I
PDR ADOCK 05000443
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c PDR i
addition, NECNP requests the extension because it is necessary for NECNP "to probe recent studies by the NRC on the effectiveness of staam generator tube inspections."
Motion at 2
- 3.
The basis for this assertion is an article from a recent issue of Nucleonics Week which reports, in substance, that the recent North Anna tube rupture has resulted in more ongoing studies of steam generator tube rupture (SGTR) phenomena.
As to the first argument, this Board has made clear that in setting the original schedule, "it took into account the off -
site emergency planning Board's hearing schedule."
Order (Oct.
I 16, 1987) at n.*.
As to the second argument, NECNP is not now entitled to what amounts to a generic hearing on the SGTR phenomenon.
The original basis for the SGTR contention was the incident at Ginna.
There never was any attempt to file a late filed contention with respect to North Anna or any more generic consideration of SGTR.
The law is clear that an intervenor is stuck with the contention and basis as originally framed and admitted.
Texas Utilities Generatina Co. (Comanche Peak Steam Electric Station, Units 1 and 2), ALAB - 868, 25 NRC
. Slip Opinion at 37 n. 38 (June 30, 1987); Carolina Power and Licht Co.
(Shearon Harris Nuclear Power Plant), ALAB - 856, 24 NRC 802, 816 (1986); 14., ALAB - 852, 24 NRC 532, 545 & n. 60 (1986).
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4 CONCLUSION The motion should be denied.
Respectfully submitted, 1
i c'[- }/w&/--)-
/
< rd Thomas G.,Risnan, Jr.
George H. Lewald Kathryn A.
Selleck Ropes.& Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for ADDlicants 3
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DOCKETED USNRC 17 Nm/ 30 4146 CERTIFICATE OF SERVICE s
I, Thomas G. Dignan, Jr., one of the attorneygr4pr Applicants herein, hereby certify that on NovemberDB84n[nthe-.-
g8p%
I made service of the within document by mailing copies 3 RANCH I
thereof, postage prepaid to:
Administrative Judge Sheldon J.
Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.
Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Judge Emmeth A.
Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel 5500 Friendship Boulevard U.S. Nuclear Regulatory Apartment 1923N Commission Chevy Chase, Maryland 20815 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C.
Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.
Washington, DC 20009 Atomic Safety and Licensing Sherwin E.
Turk, Esquire Board Panel Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J.
P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 l
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I, s.
Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General l
Shaines & McEachern Department of the Attorney l
25 Maplewood Avenue General P.O.
Box 360 One Ashburton Place, 19th Flr.
Portsmouth NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A.
Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109
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.4 Charles P.-Graham, Esquire
-McKay,. Murphy and Graham 100' Main Street Amesbury, MA 01913
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Thomas g Dignan, Jr.
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