ML20245A512
| ML20245A512 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/12/1989 |
| From: | Fierce A MASSACHUSETTS, COMMONWEALTH OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20245A505 | List: |
| References | |
| OL, NUDOCS 8906220048 | |
| Download: ML20245A512 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL; BOARD
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Before Administrative Judges:
Alan S.'Rosenthal, Chairman Thomas S. Moore Howard A.- Wilber
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In the Matter of
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Docket Nos. 50-443-OL
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50-444-OL PUBLIC SERVICE COMPANY
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(Off-$ite-EP)
.0F NEW HAMPSHIRE, ET AL.
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(Seabrook Station, Units 1 and 2)
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June.12, 1989'.
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MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR AN EXTENSION OF TIME IN WHICH TO PILE HIS BRIEF ON APPEAL OF THE LICENSING BOARD'S MAY 5, 1989 ORDER REGARDING RETURNING COMMUTERS I
The Massachusetts Attorney General (" Mass AG") hereby cequests an extension of time to file his brief on appeal of the' i
Licensing Board's May 5, 1989 order regarding returning i
commuters.
As to the length of this extension, we ask that'the Appeal Board allow the Mass AG's brief to be filed within 21 days of-its, decision of the prematurity / lateness' issues now.
1 pending before it, :Lf that decision is such that a brief would i
l be due now. 'These issues have been presented in (1) the i
. Massachusetts Attorney General's Statement Regarding Prematureness of Accompanying Notice of Appeal (May 16, 1989),
and (2) Applicants' Motion to Strike Notice of Appeal (May 23, 1989).
8906220048 890612 R
PDR-ADOCK 05000443 O
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fI In support of thisl request,.the Mass AG'statesLas follows:
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Having. filed its notice;of appeal on.May 16, 1989, the Mass AG's brief on appeal of'this matter would-be'due on June 15, 1989.: The Mass AG, however,'has sought the Appeal' Board'sdeterminationthat1thisappea[ispremature..Meanwhile, the Applicants.(supported by the NRC Staff) have moved to dismiss the appeal as late.
If either party convinces the Appeal Board'of the correctness:offits position, filing a brief:
now would not belnecessary.
Recognizing this, and in light'of all the other extremely time consuming activities which have been ongoing on the Seabrook case (see below), the' Mass AGlhas not as yet put substantial effort'into writing this brief.and' is awaiting the Appeal Board's decision on these matters.'In:
the event that the Appeal Board disagrees with all.the parties and deems the appeal to be neither premature nor late, the Mass AG would be able to file its brief within 21' days after the I
Appeal Board so rules.
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Even if the Mass AG had been attempting to do'so, it would not have been able to complete this brief: by June 15, 1989, and would need more time.
The.only Mass.AG attorney who has worked on the returning commuters issue over the past two years is Allan Fierce, and it is he who has the requisite knowledge of the record to write this brief.
Yet Mr. Pierce has been extensively engaged over the past few weeks at the hearings currently underway before the Licensing Board on other-aspects of emergency plans for Seabrook.
Two weeks ago he I _____-______________ - _
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presented a Mass AG witness and cross-examined the Applicants' panel on the state / local-governmental' response contentions.
Last week he argued against_a series of' Applicants' motions to strike and presented a Mass AG witness on the issue of monitoring-rates.
This week he has additional motions to oppose and will cross-examine the1 Applicants' panel on monitoring / reception center. parking.
These matters, and the preparation they have entailed, have been extremely time consuming.
Mr. Fierce has simply not had.any free time to work-on this brief.
This alone necessitates the additional time requested here..
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The granting of this Motion will not harm any.other party to this prcceeding and will not significantly delay.
resolution of this or other issues before the Appeal' Board.
WHEREFORE, the Mass AG respectfully requests that this motion for an extension be allowed.
Respectfully ~ submitted
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JAMES M. SHANNON ATTORNEY GENERAL.
Allan M.
Pierce 4
Assistant Attorney: General.
Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200-DATED:
June 12, 1989
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' UNITED STATES OF-AMERICA' NUCLEAR REGULATORY: COMMISSION 19 JJL19 P3:59 ATOMIC SAFETY AND LICENSING APPEAL. BOARD Before Administrative Judges:
[g[.y. j e n,n"m Alan S. Rosenthal, Chairman Thomas S. Moore-Howard A. Wilber
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In.the Matter'of
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Docket Nos. 50-443-OL...
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50-444-OL PUBLIC' SERVICE COMPANY'.
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OF NEW HAMPSHIRE, _ETL _A_L.
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(Seabrook Station, Units 1.and'2) :)
June 12,11989
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CERTIFICATE OF SERVICE I, Allan R. Fierce, hereby certify tha't on June' 12, 1989, I -
made service of the within MASSACHUSETTS ATTORNEY GENERAL'S OPPOSITION TO APPLICANTS' MOTION TO STRIKE NOTICE OF APPEAL and MASSACHUSETTS ATTORNEY GENERAL'S MOTION.FOR AN EXTENSION OF TIME IN WHICH TO FILE HIS BRIEF ON APPEAL OF THE LICENSING' BOARD'S MAY 5, 1989 ORDER REGARDING RETURNING COMMUTERS by first' class mail and telefax.as indicated by (*) to:.
Ivan W. Smith, Chairman Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W..Knapp1St.
".3.
Nuclcar ncgulatory Commission.
Stillwater, OK '74075 East West Towers Building 4350 East West' Highway Bethesda, MD' 20814 Dr. Richard F. Cole Robert R. Pierce, Esq..
Atomic. Safety & Licensing Board
' Atomic Safety & Licensing Board l
U.S. Nuclear Regulatory Commission
.U.S.. Nuclear Regulatory Commission-i
. East West Towers Building East West Towers Building 4350 East West Highway 4350. East West' Highway Bethesda, MD 20814 Bethesda, MD 20614
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Docketing and Service Thomas G. Dignan, Jr.
U.S. Nuclear Regulatory Commission Ropes & Gray l
Washington, DC 20555 One International Place I
Boston, MA 02110 Sherwin E. Turk, Esq.
Richard Donovan j
U.S. Nuclear Regulatory Commission FEMA Region 10 j
Office of the General Counsel 130 228th Street, S.W.
j 11555 Rockville Pike, 15th Floor Federal Regional Center l
Rockville, MD 20852 Bothell, WA 98021-9796 4
H. Joseph Flynn, Esq.
Atomic Safety & Licensing Assistant General Counsel Appeal Board Office of General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, DC 20555 Agency 500 C Street, S.W.
Washington, DC 20472 Robert A.
Backus, Esq.
Atomic Safety & Licensing Board Backus, Meyer & Solomon U.S. Nuclear Regulatory Commission 116 Lowell Street Washington, DC 20555 P.O. Box 516 Manchester, NH 03106 Jane Doughty Dianne Curran, Esq.
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Seacoast Anti-Pollution League Harmon, Curran & Towsley l
Five Market Street Suite 430 Portsmouth, NH 03801 2001 S Street, N.W.
Washington, DC 20008 Barbara St. Andre, Esq.
Judith Mizner, Esq.
Kopelman & Paige, P.C.
79 State Street 77 Franklin Street Second Floor Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq.
R. Scott Hill-Whilton, Esq.
Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33 Low Street 79 State Street Newburypogt, MA 01950 Newburyport, MA 01950 Ashod N. Amirian, Esq.
Senator Gordon J. Humphrey 145 South Main. Street U.S.
Senato' P.O. Box 38 Washington, DC 20510 Bradford, MA 01835 (Attn:
Tom Burack)
Senator Gordon J. Humphrey John P. Arnold, Attorney General One Eagle Square, Suite 507 Office of the Attorney General Concord, NH 03301 25 Capitol Street (Attn:
Herb Boynton)
Concord, NH 03301 Phillip Ahrens, Esq.
William S. Lord Assistant Attorney General Board of Selectmen i
Department of the Attorney General Town Hall - Friend Street Augusta, ME 04333 Amesbury, MA 01913
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- Alan S. Rosenthal,' Chairman'
- Thomas S. Moore
' Atomic Safety.& Licensing Atomic Safety & Licensing
-Appeal Board Appeal Board U.S. Nuclear Regulatory Commi,ssion U.S. Nuclear Regulatory Commission Washington, DC-10555; Washington, DC. 10555-
'*Howard A. Wilber Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission
' Washington, DC 10555 Respectfully' submitted, JAMES.M..SHANNON ATTORNEY GENERAL.
Allan R.
Fierce Assistant Attorney General Nuclear Safety Unit-Department of the Attorney General One Ashburton Place Boston, MA 02108 (617)1727-2200-Dated:
June 12, 1989 l
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