ML20237C689
| ML20237C689 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/21/1998 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Shaheen J NEW HAMPSHIRE, STATE OF |
| References | |
| CON-#398-19444 LA, NUDOCS 9808240070 | |
| Download: ML20237C689 (1) | |
Text
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N, UNITED STATES NUCLEAR REGULATORY COMMISSION 3'
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WASHINGTON. D.C. 20555-0001 k.....,/
August 21, 1998 I
SECRETARY 1
OF~
Rui ADJU.
rF Honorable Jeanne Shaheen J
Governor State of New Hampshire Office of the Governor SERVED Aus 211998 J
i State House Concord, NH 03301
Dear Governor Shaheen:
I am responding to your letter of August 14,1998, addressed to the Commission. Your letter called on the Commission to conduct a thorough review of the license amendment request of the North Atlantic Energy Service Corporation for the Seabrook Station. You further requested that a full public hearing be held in the Seacoast region of New Hampshire. The license amendment request addressed in your letter is currently the subject of a litigation before an Atomic Safety and Licensing Board of the Nuclear Regulatory Commission (NRC). The Licensing Board was established on June 16,1998, to consider the petition filed by the Seacoast Anti-Pollution League (SAPL). I am enclosing a copy of the Licensing Board establishment as well as two orders of the Seabrook Board.
Under NRC regulations, the Commission has an appellate role in adjudications before its Licensing Boards. As such, ! trust that you will understand that Commissioners must remain impartialin such litigations.
Thank you for your coricerns. A copy of your letter and this response will be placed in the docket of the Seabrook proceeding (Docket No. 50-443-LA), and will be served on the parties to l
the proceeding.
l Sincerely, l
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W h-
' John C. Hoy,le
Enclosures:
As stated i
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9008240070 900821 PDR ADOCK 05000443 Q
00CKETED
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e USPTC UNITED STATES OF AMERICA W JUN 17 All :04 NUCLEAR REGULATORY COMMISSION OH RJ.
NORTH ATLANTIC ENERGY SERVICE CORPORATN6UL Docket No. 50-443-LA ASLBP No. 98-746-05-LA SERVED "JUN 17 M8 ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD Pursuant to delegation by the Commission dated December 29, 1972.
and Sections 2.105.
published in the Federal Reaister. 37 F.R. 28710 (1972),
2.700. 2.702. 2.714, 2.714a. 2.717. 2 721 of the Commission's Regulations, all as amended, an Atomic Safety and Licensing Board is being established to preside over the following proceeding.
NORTH ATLANTIC ENERGY SERVICE CORPORATION-Seabrook Station Unit No. 1 This Board is being established pursuant to the request for hearing submitted by Robert A. Backus on behalf of the Seacoast Anti-Pollution League.
The petition opposes the issuance of a license amendment to North Atlantic Energy Service Corporation for Seabrook Station Unit No. 1 that would revise Technical Specifications on the frequency of steam ger.erator inspections to
. accommodate a 24 month fuel cycle.
A notice of the proposed amendment was published in the Federal Recister at 63 Fed. Reg. 25101. 25113 (May 6, 1998 G 9 \\
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. The Board is comprised of the following administrative judges:
B. Paul Cotter. Jr.. Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington. D.C.
20555 Dr. Charles N. Kelber Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington. D.C.
20555 Linda W. Little 5000 Hermitage Drive Raleigh. NC 27612 All correspondence, documents and other materials shall be filed with the Judges in accordance with 10 C.F.R. S 2.701.
]
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A Bl PauI Cotter. Jr.
/
t Chief Administrative Ju ge I
Atomic Safety and Licensing Board Panel Issued at Rockville. Maryland.
this 16th day of June 1998.
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION It. the Matter of Docket No.(s) 50-443-LA NORTH ATLANTIC ENERGY SERVICE CORPORATION (Seabrook Station, Unit No. 1)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ESTABLISHMENT DTD 6/16 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Office of Commission Appellate B. Paul Cotter, Jr., Chairman Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Charles N. Kelber Atomic Safety and Licer. sing Board Panel Linda W. Little ASLBP Mail Stop - T-3 F23 U.S. Nucleae Regulatory Comission 5000 Hermitage Drive Washington, DC 20555 Raleigh, NC 27612 Robert A. Backus, Esq.
Lawrence J. Chandler, Esq.
Backus, Neyer, Solomon, Rood & Branch Office of the General Counsel P.O. Box 516 Mail Stop 15 B18 U.S. Nucleie Regulatory Commission Manchester, NH 03105 Washington,DC 20555 Lillian M. Cuoco, Esq.
Senior Nuclear Counsel l
Northeast Utilities Service Company P.O. Box 270 Hartford, CT 06141 Dated at Rockville, Md. this 17 day of June 1996 hdws l' b,gVu&w Office of the Secretary of the Commission
DOCMETED OC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M 18 P4 :67 ATOMIC SAFETY AND LICENSING BOARD PANEL l
0; Before Administrative Judges:
AL i
B. Paul Cotter, Jr., Chairman Dr. Charles N. Kelber Linda W. Little SERVED Ulm 191999 in the Matter of Docket No. 50-443-LA NORTH ATLANTIC ENERGY ASLBP No. 98-746-05-LA SERVICE CORPORATION June 18,1998 (Seabrook Station Unit No.1)
MEMORANDUM AND ORDER (initial Order)
Petitioner Seacoast Anti-Pollution League (" Seacoast") seeks to intervene in the issuance of a license amendment to the captioned licensee ("NAES" or " Licensee"). The amendment would revise the Seabrook Technical Specifications governing the frequency of steam generator inspections to accommodate a 24 month fuel cycle. The June 5,1998 petition was timely and filed in response to a published finding of "no significant hazards consideration" by the Nuclear Regulatory Commission Staff. See 63 Fed. Reg. 25101,25113 (1998).
Pursuant to 10 C.F.R. $ 2.718, the Board sets forth the following directives regarding the conduct of this proceeding:
- 1. Schedule for Additional Filings Regarding Petitioner's Hearing Request A.
Pleadings 1.
Seacoast's Amendment of its Intervention Petition Pursuant to 10 C.F.R. S 2.714 (a) (3), Seacoast has the right to amend its intervention petition any time up to 15 days prior to the hc. ding c' ute first prehearing conference. Bec tyL.Lvv$
L.____________._____
. the Board does not intend to hold any yehearing conference before it has ruled upon the question of whether Seacoast has standing to intervene, Seacoast may amend its intervention petition to address any shortcomings, or other matters, in its initial petition by a pleading filed no later than July 13,1998. The Board will not entertain any proffered amendments to the initial Seacoast intervention petition after that date.
2.
Seacoast's Supplement to its Intervention Petition Pursuant to 10 C.F.R. @ 2.714 (b) (1), Seacoast shall file a supplement to its intervention If it wishes, Seacoast may file the petition containing its proffered contentions by July 13,1998.
supplement to its petition containing its proffered contentions as part of any filing amending its initial petition. In any event, Seacoast shall separately identify and number each of its proffered contentions in any filing. Moreover, Seacoast should take care to ensure that each of its proffered, separately numbered contentions complies fully with all the requirements of 10 C.F.R. 9 2.714 (b) (2).
3.
NAES and NRC Staff Replies and Answers In the event Seacoast files an amendment to its intervention petition further addressing the standing of Seacoast or any of its members, the NAES and the NRC Staff may file a reply to the amended Seacoast petition by July 27,1998. The answers of the Licensee and the NRC Staff to any contentions filed by Seacoast in a supplement to its petition, or otherwise, shall b filed by August 10,1998.
B.
Prehearing Conference After ruling upon the question of Seacoast's standing to intervene, the Licensing Board if appropriate, will establish a date for a prehearing conference or teleconference to co the admissibility of any contentions proffered by Seacoast.
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. 11. Administrative Matters A.
Notice of Appearance if they have not already done so, within ten davs of the date of this memorandum and order, each attorney or representative for each participant shall file a notice of appearance complying with the requirements of 10 C.F.R. 9 2.713 (b). In each notice of appearance, in addition to providing a business address and telephone number, if an attomey or representative.
has a facsimile number and/or an intemet e-mail address, the attomey or representative should provide that information as well.
B.
Service on the Board For each pleading or other submission filed with the Board or the Commission in this 1
proceeding, in addition to submitting an original and two conforming copies to the Office of thel Secretary as required by 10 C.F.R. S 2.1203 (c) and serving a copy on every other participant in accordance with sections 2.701 (b) and 2.1203 (e), a participant should serve conforming I
copies on the Licensing Board by one of the following methods:
1.
Regular Mail To complete service via United States Postal Service first-class mail, a participant should send conforming copies to Judges Cotter and Kelber at:
f Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 and to Judge Little at:
l 5000 Hermitage Drive l
Raleigh, NC 27612 l
. For regular mail service, the Staff may use the NRC internal mail system (Mail Stop T-3 F23) in lieu of first-class mail.
2.
Overnight or Hand Delivery To complete service via overnight (e.g., express mail) or hand delivery, a participant should send conforming copies to Judges Cotter and Kelber at:
Atomic Safety and Licensing Board Panet Third Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 20852 and to Judge Little at the address set out in paragraph II.B.1, above.
3.
Facsimile Transmission To complete service by facsimile transmission, a participant should: (1) send one copy by rapifax to the attention of Judges Cotter and Kelber at (301) 415-5599 (verification (301) 415-7393) and to Judge Little at (919) 783-9432; and (2) that same date, send conforming copies to the judges by regular mail at the addresses given in paragraph II.B.1 above.
4.
E-Mail To complete service by e-mail transmission, a participant should: (1) send the filing (which should include the certificate of service) as a file (preferably in Wordperfect 5.1,6.
8.0 format) attached to an e-mail message directed to the Board (Intemet ids: bpci@ nrc. gov; enk@nrc. gov; melittle@ prodigy.com; NRC Agency Upgrade of Technology for Office Syst (AUTOS) Wide Area Network (WAN) System ids: BPC1, CNK); (2) send any attachments exhibits to a pleading that cannot be transmitted by e-mail to the Board by separate facsimil transmission or other means that will ensure receipt by the due date; and (3) send paper conforming copies that same date to the Board by regular mail at the addresses given in t
paragraph II.B.1 above.
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5-5.
Timely Service by Hand Delivery, Facsimile Transmission, or E-Mail To be timely, any pleading or other submission served on the Board by hand delivery, facsimile transmission, or e-mail must be received by the Board no later than 4:30 p.m. Eastern Time on the date due.
C.
Motions for Extension of Time
= For any motion for extension of time filed with the Board in this proceeding, except upon a showing of good cause, the participant requesting the extension shall:
- 1. Ascertain whether and when any other participant intends to oppose or otherwise respond to the motion and apprise the Board of that information in the motion; and
- 2. Serve the motion on the Board so that it is in its hands at least three business days before the due date for the pleading or other submission for which an extension is sought.
D.
Exhibits / Attachments to Filings if a participant files a pleading or other submission with the Board that has additional documents appended to it as exhibits or attachments, a separate alpha or numeric designation for each appended document (e.g., Exhibit 1; Attachment A) should be given to each appended
- document, either on the first page of the appended document or on a cover or divider sheet in -
front of the appended document.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD j
Administrative Judge [ '
- 8. Paul Cotter, Jr.
Rockville, Maryland June 18,1998
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTH ATLANTIC ENERGY SERVICE Docket Nn.(s) 50-443-LA CORPORATION (Seabrook Station,. Unit No. 1)
CERTIFICATE OF SERVICE i
I hereby certify that copies of the foregoing LB M&O (INITIAL ORDER) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
i Administrative Judge l
Office of Commission Appa11 ate B. Paul Cotter, Jr., Chairman Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T 3 F23 i
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l
Washington, DC 20555 d
Washington, DC 20555 Administrative Judge Charles N. Kelber Administrative Judge i
Atomic Safety and Licensing Board Panel Linda W. Little ASLBP Mail Stop - T-3 F23 U.S. Nuclear, Regulatory Commission 5000 Hermitage Drive Washington, DC 20555 Raleigh, NC 27612 Robert A. Backus, Esq.
Mitzi A. Young, Esq.
Backus, Meyer, Solomon, Rood & Branch Office of the General Counsel Mail Stop 15 818 P.O. Box 516 l
i U.S. Nuclear Regulatory Commission Manchester, NH 03105 Washington, DC. 20555 Lillian 1 Cuoco, Esq.
l Senior Nuclear Counsel Northeast Utilities Service Company P.O. Box 270 j
Hartford, CT 06141 l
Dated at Rockville, Md. this n
l d 'u n I
p Of fice of the Secretar[nm{u 19 day of June 1998-of the Commission
00CKETEC UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION JUN 23 A7:18 ATOMIC SAFETY AND LICENSING BOARD PANE 16 Before Administrative Judges:
OFF RL..
OJU;.
W B. Paul Cotter, Jr., Chairman Dr. Charles N. Kelber SERVED M2 31995 Dr. Linda W. Little ih the Matter of Docket No. 50-443-LA NORTH ATLANTIC ENERGY ASLBP No. 98-746-05-LA SERVICE CORPORATION (Seabrook Station Unit No.1)
June 22,1998 l
1
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ORDER i
By letters of June 18 and June 19,1998 addressed to the Nuclear Regulatory Commission, Petitioners Seacoast Anti-Pollution League (SAPL) and New England Coalition on Nucleat Pollution (NECNP) advise that they will undertake to determine whether or not counsel f
for the NRC Staff and North Atlantic Energy Service Corporation (NAES) intend to contest I
1 Petitioners' standing to intervene in this proceeding. If Staff and NAES contest Petitioners' standing, Petitic.ners state that they will tumish a legal brief on this issue. Petitioners also have advised in their June 18,1998 supplemental and amended petition for intervention that, if necessary, both SAPL and NECNP are prepared to provide affidavits from members living within the ten mile zone of the reactor verifying their membership in these organization and their l
f agreernent to have these organizations represent them in this proceeding.
l l
The Petitioners are, of course, free to determine whether Staff and NAES will contest f
f
- their standing to intervene, although this information should be forthcoming in responses by i
Staff and NAES to SAPL's and NECNP intervention petitions. If Staff and NECNP oppose j
standing, then we will permit SAPL and NECNP to fle an additional brief addressing the f
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I k N L
f}Wat@[
standing issue. However, unless good cause is shor., these additional filings should be made within the July 13,1998 time limit for amended stitions set out in our June 18,1998 l
Memorandum and Order.
l Regardless of whether Staff and NAES oppose SAPL's and NECNP's standing, f
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Petitioners should furnish the Board affidavits from at least one member from each organization, setting forth: (1) the member's agreement that SAPL or NECNP can represent their interests in this proceeding; (2) the address of these members; (3) the one way distance in f
miles between these members' residences and the Seabrook nuclear facility; and (4) a description of any activities and distances from the facility that these members may engage in at distances closer to the Seabrook facility than their residence. Sgg, Houston Liahtina and Power Co.. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535,9 NRC 377,389-400 (1979); Northeast Nuclear Enerav Comosnv (Millstone Nuclear Power Station, Unit 1),
LBP-96-1,43 NRC 19,23 (1996). In requiring these affidavits to be filed, we note that standing is not a mere technicality that can be agreed upon by the parties. Rather, it is an essential element in determining whether there is any legitimate role for an agency adjudicatory body in dealing with a particular grievance. Westinghouse Electric Corporation (Nuclear Fuel Export License for Czech Republic -Temelin Nuclear Power Plants), CLI-94-7, 39 NRC 322, 331-332 (1994). To be filed in a timely manner, these affidavits should be furnished to the Board by the amended petition cut-off date of Ju!y 13,1998.
l w________
b i \\_ It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING GOARD
/
y if Pauf Cotter, Jr.
/ /.
Administrative Judge Rockville, Maryland June 22,1998 t
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UNITED STATES OF AMERICA NdCLEAR REGULATORY COMMISSION
'In the Matter of, NORTH ATLANTIC ENERGY SERVICE Docket No.(s) 50-443-LA CORPORATION (Seabrook Station, Unit No. 1)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER RE PET. STANDING have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Office'of Commission Appellate B. Paul Cotter,.Jr., Chairman Atomic Safety and Licensing Board Panel Adjudication U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge
. Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board Panel Linda W. Little
-- Mall Stop - T-3 F23 ASLBP U.S. Nuclear Regulatory Commission 5000 Hermitage Drive Washington,'DC 20555 Raleigh, NC 27612 Steven L Hom, Esq.
' Robert A. Backus, Esq.
Office of the General Counsel Backus, Meyer, Solomon, Rood & Branch Mail Stop 15 818 P.O. Box 516 U.S. Nuclear Regulatory Comission Manchester, NH 03105 Washington, 0C 20555 3
.Lillian M. Cuoco, Esq.
Senior Nuclear Counsel-Northeast Utilities service Company t
P.O. Box 270 Hartford, CT 06141 Dated at Rockville, Md. this 7
/
23 day of June 1998
. /8w C :ydW y DTTice of the Secretary of the Commission
~
l UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION In the Matter of NORTH ATLANTIC ENERGY SERVICE Docket No.(s) 50-443-LA CORPORATION (Seabrook Station, Unit No. 1)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing RESPONSE TO GOVERNOR SHAHEEN have been served upon the following persons by U.S. riail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Office of Comission Appellate B. Paul cotter, Jr., Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board Panel Linda W. Little Mail Stop - T-3 F23 ASLBP U.S. Nuclear Regulatory Commission 5000 Hermitage Drive Washington, DC 20555 Raleigh, NC 27612 4
l Steven R. Hom, Esq.
Robert A. Backus, Esq.
Office of the General Counsel Backus, Meyer, Solomon, Rood & Branch Mail Stop 15 B18 P.O. Box 516 U.S. Nuclear Regulatory Commission Manchester, NH 03105 Washington, DC 20555 Lillian M. Cuoco, Esq.
Senior Nuclear Counsel Northeast Utilities Service Company P.O. Box 270 Hartford, CT 06141 Dated at Rockville, Md. this j
l 21 day of August 1998 6ffice of thpcretary of the Commission
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