ML20236V703
| ML20236V703 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/30/1987 |
| From: | Barry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4958 ALAB-875, OL-1, NUDOCS 8712070015 | |
| Download: ML20236V703 (6) | |
Text
'495W 11/30/87 I
DOCKETED USimc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 g.3 M a BEFORE THE ATOMIC SAFETY AND LICENSING BOARhgC 5 r t,
BRANCH in the Matter of 1
)
Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 i
NEW HAMPSHIPE, el al.
)
On-site Emergency Planning
)
and Safety issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF RESPONSE TO NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOR EXTENSION OF HEARING SCHEDULE INTRODUCTION On November 20, 1987, the New England Coalition on Nuclear Pollution (NECNP) filed a motion requesting a four-week extension of the schedule established by the Licensing Board on October 16, 1987 for the parties to advise the Board as to whether they would file motions for summary disposition and to complete discovery on the two contentions remanded by the Appeal Board in ALAB-875.
As explained below, the j
NRC Staff does not object to a two-week extension of the hearing schedufe but opposes the requested four-week axtension on the ground that it is not warranted in the circumstances.
DISCUSSION NECNP advances two principal reasons in support of its request for a four-week extension of the hearing schedule.
First, NECNP states that its attention has been concentrated on and its resources diverted to the
\\ Mg j!o'f2070015e711ao o
ADDCM 0500o443 PDV 507
{
i
l
. ( y ongoing hearing in the offsite emergency planning phase of this l
proceeding.
NECNP Motion at 1-2.
- Second, NECNP argues that additional time is needed to enable it to become "sufficiently familiar with the complex issues" raised by the contentions.
_I d. at 2.
The short answer to NECNP's first reason is that in granting the parties two months (October 26 through December 28, 1987) to engage in discovery, the i
Licensing. Board ' expressly "took into account the offsite emergency planning Board's hearing schedule."
Order (Admitting Two Remanded Contentions; Scheduling) at 2 (October 16, 1987) (unpublished).
In the Staff's view, the time allotted is sufficient for the parties to ascertain and probe the bases for each other's positions.
Similarly, the Staff is not persuaded by NECNP's argument that additional time is needed in order for NECNP to familiarize itself with the issues raised by its contentions.
First, it should be remembered that the contentions involved were drafted and sponsored by NECNP itself.
It is hardly unreasonable to expect that the proponent of a contention should be generally familiar with the issues it seeks to raise.
Second and as noted above, the time allotted for discovery is in the Staff's view sufficient to enable NECNP to educate itself regarding the issues raised i
by its contention.
Nevertheless, the Staff is neither unmin'dful nor unappreciative of the courtesy which NECNP recently extended to it by acceding to a Staff request for an extension of time to respond to memoranda submitted by the Licensing Board and NECNP to the Appeal Board regarding the environmental qualification of RG-58 coaxial cable.
For this reason, the Staff does,not object to a two-week extension for the parties to advise I
I
l
, p the Board as to whether they will file motions for summary disposition and for the completion of discovery on the remanded contentions. II CONCLUSION For the reasons stated herein, the Licensing Board should extend the hearing schedule established in its order of October 16, 1987 for the litigation of the two remanded contentions by two weeks.
bectfully submitted, gory Alar 13erry
/
Counse for l[RC Staff b
(
Dated at Bethesda, Maryland this 30th day of November 1987 I
l l
I 1/
By order of November 27, 1987, the Board directed that briefs l
I addressing the issue of whether it is appropriate to reauthorize low
~
power operations prior to the completion of the remand proceeding be filed by Applicants and Interveners on January 4,1988, and by the l
Staff on January 11, 1987.
I F
DOCKETED USNRC UNITED STATES OF AMERICA I
NUCLEAR REGULATORY COMMISSION
- 87 EC -3 M1 :42 i
1 BEFORE THE COMMISSION f0 r>
I BRANCH In the Matter of
)
)
Docket Nos. 50-443 OL-01 l
PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 NEW HAMPSHIRE, et al.
)
On-site Emergency Planning
)
and Safety issues (Seabroo'k Station, Units 1 and 2
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOR EXTENSION OF HEARING SCHEDUI.E" 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 mail system, this 30th day of November 1987:
Sheldon J. Wolfe, Esq., Chairman
- Dr. Emmeth A. Luebke Administrative Judge Administrative Judge j
Atomic Safety and Licensing Board 5500 Friendship Boulevard U.S. Nuclear Regulatory Commission Apartment 1923N Washington, DC 20555 Chevy Chase, Maryland 20815 Dr. Jerry Harbour Ms. Carol Sneider, 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 Sandra Gavutis, Chairman Calvin A. Canney, City Manager Board of Selectmen City Hall RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
1 ff
~
~
Stephen E. Merrill Paul McEachern, Esq.
O Attorney General Matthew T. Brock, Esq.
{
George Dana Bisbee Shaines & 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 Hampton 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.
Mci'ay. Murphy and Graham Backus, Meyer 6 Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01313 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmon & 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
-3 Jane Doughty Docketing and Service Section*
i Seacoast Anti-Pollution. League Office of the Secretary I
5 Market Street U.S. Nuclear Regulatory Commission Partsmouth, NH 03801 Washington, DC 20555 Maynard L. Young, Chairman William S. Lord -
Board of Selectmen Board of Selectmen
- 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 Silvergiate, Gertner, Baker Town Office Fine and Good
. Atlantic Avenue 88 Broad Street North Hampton,- NH 03862 Boston, MA 02110 R. K. Gad 111, Esq.
Mrs. Anne E. Goodman, Chairman Ropes & Grav Board of Selectmen 225 Franklin Street 13-15 Newmarket Road
- Boston, MN 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Holmes & Ellis ~
47 Winnacunnet Road Hampton, NH 03842
/
9
.c C Eseorge E. johnsof Senior Litigation Attorney for the Office of General Counsel
-_amm--._----._
_ - - - - - _ -, - - -