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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )
Docket Nos. 50-443 OL-01 .
. PUBLIC SERVICE COMPANY OF 50-444 OL-01 NEW HAMPSHIRE, et al. Off-site Emergency Planning
. (Seabrook Station, Units 1 and 2) l NRC STAFF MOTION TO STRIKE INTERVENERS' NOTICES OF APPEAL OF LBP-89-10 1 I
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i Gregory Alan Berry Counsel for NRC Staff April 17, 1989
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, ej a_1. ) Off-sin Emergency Planning
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NRC STAFF MOTION TO STRIKE INTERVENERS' NOTICES OF , APPEAL OF LBP-89-10 INTRODUCTION The NRC Staff hereby moves to strike the notices of appeal of LBP-89-10 II filed on March 20 and 22, 1989, respectively, by the Seacoast Anti-Pollution League (SAPL) and the Massachusetts Attorney General
(" Interveners"). A notice of appeal may be filed only from the grant or denial of a petition to intervene or from an initial decision 10 C.F.R.
99 2.714(a), 2.762. In other words, an appeal will not lie where no appealable order has issued. The Licensing Board's determination in j LBP-89-10 is not immediately appealable because it neither disposes of a ,
i major segment of the case nor terminates Interveners' right to participate l in the proceeding. For these reasons, a party may not appeal the ;
Licensing Board's order at this time and the Appeal Board should dismiss j Interveners' notices of appeal as premature. Moreover, since LBP-89-10 ,
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-1/ .Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), LBP-89-10, 29 NRC (March 8, 1989).
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does not affect the proceeding in a basic or pervasive manner the Appeal Board should not grant directed certification of LBP-89-10.
BACKGROUND In LBP-89-10, the Licensing Board denied motions filed by SAPL and the Attorney General concerning the applicability of the Commission's fir.ancial qualification rules to the full power operating license phase of this proceeding. The late-filed contention proffered by SAPL challenged l Applicants' financial qualification to operate the facility safely at low power. The Attorney General sought to litigate the same issue but l requested a waiver of the cited regulations pursuant to 10 C.F.R.
6 2.758(b).
In denying SAPL's motion, the Board agreed with the Staff that litigation of Applicants' financial qualification was precluded by 10 C.F.R. 66 50.33(f) and 50.57(a)(4), the Commission regulations which exclude electric utilities from the class of applicants required to I
demonstrate their financial qualification to operate a nuclear facility.
LBP-89-10, slip op. at 3-5. In denying the Attorney General's petition for waiver, the Board agreed with the Staff that the petition did not make ;
the required prima facie showing that there exist "special circumstances" which " undercut the rationale" of the Commission's financial qualification rules and which raise a "significant safety problem." Id. at 7-14. The j fatal flaw in the Attorney General's petition was its failure to allege I i
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. and show that the owners of the Seabrook Station would not be allowed to !
recoup the costs of safe operation in the event a full power operating l license was issued. Id_. at 12.
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i L l On March 20 and 22, 1989, respectively, SAPL and the Attorney General filed notices of appeal of the Licensing Board's decision.
DISCUSSION A. LBP-89-10 Is Not A Final Order And The Notices Of Appeal Should Be Etricken In Tennesse Valley Authority (Monticello Nuclear Power Plant, Units 1A, 2A, 1B and 28), ALAB-409, 5 NRC 1391, 1396-97 (1977), the Appeal Board stated: "A motion to strike may well be a justified means of raising a !
question respecting whether a particular submission to us is on its face, j either insufficient or improper (e_.3. scandalous)." (Footnote omitted).
Here the notices of appeal are, on their face, improper and should be i i
stricken. Under Commission regulations, with the exception of an appeal )
I pursuant 10 C.F.R. 5 2.714(a) from the denial or grant of a petition to intervene, an appeal may be taken only from a final initial decision !
disposing of a major portion of a proceeding. 10 C.F.k. 6 2.762; )
Philadelphia Electric Company (Limerick Generating Stations, Units 1 and !
2), ALAB-845, 24 NRC 220, 252 (1986); Public Service Company of New f I
Hampshire (Seabrook Station, Units 1 and 2), ALAB-838, 23 NRC 585, 590-91 i (1986); Toledo Edison Company (Davis-Besse Nuclear Power Station),
ALAB-300, 2 NRC 762, 758 (1070 ; Public Service Company of New Hampshire j (Seabrook Station, Units 1 and 2), ALAB-894, 27 NRC 632, 636 (1988). S/
LBP-89-10 does not grant or deny any petition to intervene. Thus, an appeal of this order will not lie at this time unless the order disposes l
-2/ An exception is made for order which will subject an appellant to immediate harm which could not be undone at the conclusion of the proceeding. See je. . Consumer Power Co. (Midland Plant, Units I and 2),ALAB-122,6AEC322(1973).
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of a major segment of the proceeding or terminates Interveners' right to participate in the proceeding. The Licensing Board's order does neither.
t The Commission does not apply a hard and fast rule in determining.
whether an order is " final" for appellate review purposes. As the Appeal Board stated in Davis-Besse, supra:
The tut of " finality" for appeal purposes before this agency (as in the courts) is essentially a practical one. As a general i matter, a licensing board's action is final for appellate purposes where it either disposes of at least a major segment of the case or terminates a party's right to participate; rulings which do neither are interlocutory.
2 NRC at 758 (footnotes omitted); accord Seabrook, supra, 27 NRC at 636.
Applying these criteria to LBP-89-10, it is clear that the order is not final for purposes 'of appellate review. The Licensing Board's order manifestly did not terminate the right of SAPL or the Attorney General to participate in the proceeding. Rather, LBP-89-10 merely denies SAPL's request to inject new issues into the proceeding and the Attorney General's petition for a waiver of the rules which preclude the injection of those issues.
.Nor did the Licensing Board's order dispose of a " major segment" of the case. In LBP-89-10, the Licensing Board rejected SAPL's and the )
l Attorney General's attempt to expand the proceeding by injecting a contention (i.e., Applicants' financial qualification to operate the facility at full power) which is unrelated to any contention pending
. before the Board. An appeal may not be had on the rejection or dismissal ,
of some contentions where intervenor remains a participant in the proceeding. See M . Northern States Power Co. (Tyron Energy Park, Units 1), ALAB-492, 8 NRC 251, 252 (1978) (appeal rejecting some, but not all,
_ __ _ _ _ _ ____ . - . _ _ _ _ __ i
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I contentions will not lie); Cleveland Electric Co. (Perry Nuclear Plant i
Units 1 and 2), ALAB-736, 18 NRC 165, 166 (1983) (appeal of summary ,
dismissal of some, but not all, contentions will not lie); Public Service Company of New Hampshire, 23 NRC 582, 592 (1986) (appeal of a dismissal of all contentions of a state which remained a participant in the proceeding under 10 C.F.R. 9 2.715(a) will not lie). The order at issue here did not dispose of any segment of the proceeding. The Licensing i
Board's decision in LBP-89-10 is not a final order satisfying the test in the Davis-Besse, and thus is not appealable as of right at this time.
For these reasons the notices of appeal should be stricken.
B. Directed Certification Is Not Warranted Although the Appeal Board has the discretionary authority to take i review of interlocutory orders, such review is not warranted in this case.
As the Appeal Board has observed, "such relief is not ordinarily granted unless the challenged ruling either (1) ' threatens the party adversely affected by it with immediate and serious irreparable impact which, as a practical matter, could not be alleviated by a later appeal or (2) affect [s] the basic structure of the proceeding in a pervasive or unusual manner." Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-896, 27 NRC 27, 31 (1988), quoting, Public Service Company of Indiana (Marble Hill Nuclear Generating Station, Units I and 2), ALAB-405, 5 NRC 1190, 1192 (1977). Neither o' these standards is met in this case.
The Licensing Board's order does not threaten SAPL or the Attorney General with irreparable harm. As noted above, with respect to SAPL the order merely excludes from this proceeding an issue -- the financial 1
qualification of a regulated utility -- which may not be litigated in an operating license proceeding. See 10 C.F.R. 66 50.33(f), 50.57(a)(4).
Any error committed by the Board ir excluding the late-filed contention proffered by SAPL can be redressed upoc appeal of a final order. See e.g. l Public Service Company of New Hampshire 23 NRC at 592; Long Island L.ighting Company (Shoreham Nuclear Power Station, Unit 1), ALAB-861, 25 NRC 129, 135 (1987); Cleveland Electric Illuminating Company (Perry l Nuclear Power Plant, Units 1 and 2), ALAB-706,16 NRC 1754,1757 (1982).
This remedy is also available to the Attorney General should he elect to I pursue his appeal of the Board's denial of his petition for waiver. See Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2),
ALAB-875, 26 NRC 251, 256-58 (1987) (denial of petition for waive of 10 C.F.R. 6 50.47(d) reviewed in connection with appeal of concluding initial decision).
The Licensing Board's order does not affect the basic structure of the proceeding in an unusual or pervasive manner. On the contrary, the Licensing Board's ordar is consistent with the Rules of Practice. Those rules require a party seeking to inject new issues or contentions into a proceeding to demonstrate that the issue or contention is litigable. See 10 C.F.R. 6 2.714; Seabrook, supra, ALAB-875, 26 NRC at 264 (contentions which explicitly or implicitly challenge Commission regulations properly are subject to " summary rejection"). The Rules of Practice and Commission l t
case law also instruct a licensing board to dismiss any petition which l fails to make a prima facie showing that application of the regulation in question would not serve its intended purpose and that a waiver is needed to address a significant safety prob 1.m on the merits. 10 C.F.R.
i 92.758(b); Public Service Co:npany of New Hampshire (Seabrook Station, Units 1 and 2), CLI-88-10, 28 NRC 573, 595-600 (1988). Thus, far from having s pervasive or unusual effect 'on the proceeding, the action taken l by the Board was consistent with the Rules of Practice and settled case law.
CONCLUSION l An appeal of the Licensing Board's order does not lie at this time i .
because that order is not final for purposes of appellate review.
Moreover, the order does not affect the basic structure of the proceeding in a pervasive or unusual manner. For these reasons, the Appeal Board '
should strike Interveners' notice cf appe,1 as premature and deny directed certification of the Licensing Boerd's order.
Reg estfully submitted, kh reg ry Alj in Bel ry Counsel fd NRC ' Staff (
Dated at Rockville, Maryland this 17th day of April 1989 l
e
_an.a__.- _ _ - _ - _ - - -
00tKETED UNITED STATES OF AMERICA- Umt NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
'89 APR 19 A9 :58 In the Matter of- ) GFFtcE 'J d c , me.
m "a -
Docket Nos.50-444 50-443OL OL 00mW*i* "
a PUBLIC SERVICE COMPANY OF
~NEW HAMPSHIRE, et a_l,. Off-site Emergency Planning
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(Seabrook Station, Units 1 and 2 -
CERTIFICATE OF SERVICE I hereby certify that copies ' of. "NRC STAFF ' MOTION TO STRIKE - INTERVENERS' NOTICES OF APPEAL. OF: LBP-89-10" in the above-captioced proceeding have been q served on the folicwing 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.17th day of April 1989. l Ivan W. Smith, Chairman (2)* H. J. Flynn, Esq.
~
Administrative Judge Assistant General Counsel Atomic Safety and Licensing Board Federal Emergency Management U.S. Nuclear Regulatory Commission Agency Washington, DC 20555 500 C Street, SW Washington, DC. 20472 Ricnard F. Cole *-
Administrative Judge Calvin A. Canney Atemic Safety'and Licensing Board City Hall U.S. Nuc1sar Regulatory Commission 126 Daniel Street Portsmouth, NH 03801 Washington, DC_ 20555 ]
i Kenneth A. McCollom John-Trat! conte, Esq.
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK. 74075 One Ashbur' .,n Flace,19th Floor Boston, a 02108 James H. Carpenter, Altern ce*
Administrative Judge Geoffrey Huntington, Esq.
Atomic Safety & Licensing Branch Assistant Attorney General U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, DC 20555 25 Capitol Street h.- Concord, NH 03301 Philip Ahrens, Esq.
Assistant Attorney General Diane Curran, Esq. (
Office of the Attorney General Harmon, Curran & Tousley
, State House Station 2001 S Street, hw Augusta, ME 04333 Suite 430 Washington, DC 20009 l
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i Robert'A. Backus, Esq. Peter J. Matthews, Mayor Backus, Meyer & Solomon City Hall .
116 Lowell Street Newburyport, MA 01950 l Manchester, NH 03106 Mrs. Anne E. Goodman, Chairman Paul McEachern, Esq. Board of Selectmen Shaines & McEachern 13-15 Newmarket Road 25 Maplewood Avenue Durn- 'NH 03824 P.O. Box 360 Portsr;;outh, NH 03801 Hon. Gordon J. Humphrey United States Senate Charles P. Graham, Esq. 531 Hart Senate Office Building :
McKay, Murphy & Graham Washington, DC 20510 100 Main Street-Amesbury, MA 01913 Barbara J. Saint Andre, Esq.
Kopelman & Paige, P.C.
Sandra Gavutis, Chairman 77 Franklin Street Board of Selectmen Boston, MA 02110 RFD #1, Box 1154 Kensington, NH 03827 Michael Santosuosso, Chairman Board of Selectmen William S. Lord South Hampton, NH 03827 Board of Selectmen Town Hall - Friend Street Ashod N. Amirian, Esq.
Amesbury, MA 01913 Town Counsel for Merrimac 145 South Main Street R. Scott Hill-Whilton, Esq. P.O. Box 38 Lagoulis, Clark, Hill-Whilton Bradford, MA 01835
& McGuire 79 State Street Richard R. Donovan Newburyport, MA 01950 Federal Regional Center .
J Federal Emergency Management Agency Allen Lampert 130 228th Street, S.W.
Civil Defense Director Bothell, Washington 98021-9796 Town or Brentwood l 20 Franklin Robert R. Pierce, Esq.*
Exeter, NH 03833 Atomic Safety and Licensing Board Panel William Armstrong U.S. Nuclear Regulatory Commission Civil Defense Director Washington, D.C. 20555 Town of Exeter
.. 10 Front Street Thomas G. Dignan, Jr. , Esq.
Exeter, NH 06.33 Robert K. Gad, III, Esq.
Ropes & Gray 1 Gary W. Holmes, Esq. One International Place Holmes & Ellis Boston, MA 02110 47 Winnacunnet Road Hampton, NH 03842 i
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J. P. NadeaL Ms. Suzanne Breiseth .
I
' Board of Selectmen Board of Selectmen 10 Central Street Town of Hampton Falls I Rye, NH 03870 Drinkwater Road Hampton Falls,.NH 03F 1 Judith H. Mizner, Esq.
79 State Street ~
Atomic Safety and Licensing
, Newburyport, MA 01950 Board (1)* l U.S. Nuclear Regulatory Comission i Robert Carrigg .
Washington, DC 20555 ;
Board of Selectmen ;
. Town Office Atomic Safety and Licensing i Atlantic Avenue Appeal Panel (8)* I North Hampton, NH 03862 U.S. Nuclear Regulatory Commission Washington, DC 20555 Ms. Elizabeth Weinhold 3 Godfrey Avenue Docketing and Service Section*
Hampton, NH 03842 Office of the Secretary ,
J.S. Nuclear Regulatory Commission !
Jashington, DC 20555q Mb Gregory Al @ Ber[y Counsel fo QNRC Staff [ ,
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