ML20236X215
| ML20236X215 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/02/1987 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| References | |
| CON-#487-4976 88-558-01-OLR, 88-558-1-OLR, OL-1-R, NUDOCS 8712090052 | |
| Download: ML20236X215 (3) | |
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MC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
(
Before Administrative Judges:
OFFICE OF 3EWigy Sheldon J. Wolfe, Chairman 00chtimG & SEHvict.~
BRMM Enuneth A. Luebke SERVED DEC - 41987
)
Docket Nos. 50-443-OL-1-R In the Matter of
)
50-444-OL-1-R
)
PUBLIC SERVICE COMPANY
)
(On-Site Emergency Planning 0F NEW HAMPSHIRE, et al.
)
and Safety Ivcues)
(ASLBP No. 88-558-01-0LR)
(Seabrook Station, Units 1 and 2)
)
)
December 2,1987 ORDER (Denying NECNP Motion For Extension; Rescheduling)
In the Order of October 16, 1987 (unpublished) the Board admitted for litigation NECNP Contentions I.V. and IV which had been remanded in ALAB-875, 26 NRC_,(October 1, 1987), and ordered with respect to these two issues in controversy that (a) discovery be commenced on October 26 and be completed by December 28, 1987, and that (b) on or before December 7, 1987, the Applicants, the Staff and NECNP should notify the Board whether each would file a motion for summary disposition.
NECNP filed a motion for extension of hearing schedule on November 20, 1987 which was corrected on November 23. Therein, NECNP requested that the Board's October 16 schedule be extended to allow NECNP until January 4,1988 to inform the Board of its intentions regarding the filing of summary disposition motions and until 8712090052 871202 gDR ADDCK 05000443 PDR
])so' l
F February 1,1988 for the completion of discovery.
In an answer of November 24,,the Applicants opposed the motion and, in its response of November 30, the Staff opposed the requested four week extension but did i
not object to a two-week extension of time, In light of the Commission's Memorandum and Order (Lifting the Order Staying the Director of Nuclear Reactor Regulation from Authorizing Low Power Operations Due to the Lack of an' Emergency Plan for Massachusetts) dated November 25, 1987, and this Board's Order j
(Briefing Schedule) dated November 27, 1987 (unpublished), we do not have to reach and decide the arguments advanced in favor of or opposed to the granting of the instant motion. These two intervening circumstances require that we, upon our own motion, rescind our Order of October 16, 1987 to the extent that it directs the completion of discovery by December 28, 1987 and directs that, on or before December 7,1987, the three parties shall give notification whether or not each will file a motion for summary disposition.
It would be burdensome and unfair to require that the notification date and the completion of discovery date be met, since our Order of November 27 directed that all of the parties, other than Staff, should file briefs by January 4,1988 adqlressing the issue of whether or not it is appropriate for the Board to renew at this time its authorization of low power prior to the completion of the remand proceeding, and that the Staff should file its brief by January 11, 1988.
In light of our rulings hereafter, the instant motion is denied as having been mooted. Applicants, NECNP and the Staff shall proceed with
,t' fI i
! l discovery upon the two remanded issues and complete discovery by February 19, 1988. As soon as possible, after reviewing the briefs filed in compliance with our Order of November 27, 1987 and making the determination as to whether or not it is appropriate for us to reauthorize low power operations prior to the completion of the remand.
proceeding, we will confer with the Applicants, NECNP and the Staff to find.out whethe'r motions for summary disposition wil.1 be filed or whether a hearing should be scheduied.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD f<hw3 b%
Sheldon J.Wolfe, Chairman ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 2nd day of December, 1987.
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