ML20245F852
| ML20245F852 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/08/1989 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#389-9016 OL, NUDOCS 8908150098 | |
| Download: ML20245F852 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 89 10 P3 :09 -
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Orricg.
L 00CKU K t F D h 4, -
..In~the Matter of.
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Docket Nos.
50-443 OL
'PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, et al.
Off-site Emergency Planning
'(Seabrook Station, Units 1 and 2)
)
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I NRC STAFF REQUEST FOR EXTENSION OF.
TIME TO RESPOND TO INTERVENERS' MOTION TO L
REOPEN THE RECORD AND ADMIT LATE-FILED CONTENTION INTRODUCTION On July'21, 1989, interveners filed a. motion which requests the Board, inter alia, to reopen the record and admit a contention relating to the conduct and.. performance 'of certain of Applicants' management and control room. operators during a natural circulation startup test held on June 22, 1989 in connection with low power testing operations at the Seabrook
. Station. The Staff seeks an extension of eight days, until August 18, 1989,
. to. file its response to interveners' motion.
Neither interveners nor.
Applicants object to this request.
DISCUSSION Good cause exists for granting the additional time requested by the Staff.
Among the relief requested by interveners in their motion is that
-the' Board reopen 'the record in the off-site portion of this proceeding and admit their proffered. contention,
' To make this determination, s
the Board must find that the motion raises a significant safety or environmental issue and that a materially different result would be likely I
8900150098 890806~
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had the matter been considered before the record closed.
10 C.F.R.
l l2.734(a)(2) and (3).
This determination, however, is to made after l
l considering the mater'ials and evidence submitted in support of, and opposition to..the motion to reopen.
Vermont Yankee Nuclear Power Corp.
(Vennont Yankee Nuclear Power Station), ALAB-In, 6 AEC 520, 523. (1973).
The Staff currently is not in a position to provide the Board and parties, by the existing August 10, 1989 due date, with a meaningful response to the question whether interveners' motion raises a significant safety or environmental issue which~, had it been considered initially, likely would lead to a different result in the proceeding. As the Staff advised the Board and parties on June 26, 1989, an NRC Augmented. Inspection Team (AIT) was assembled and assigned to investigate the June 22.,
1989 incident.
The Office of the General Counsel understands that the AIT has completed its field inspection and that a report of the AIT's factual findings should be issued within the next several days.
This report in large part will provide the factual bases for whatever position the Staff may take in response to the motion.
It is for this reason that the Staff requests the Board to extend until August 18, 1989, the Staff's deadline for filing its response to interveners' motion.
Staff counsel has discussed this request with counsel for interveners and Applicants and is authorized to represent that neither of them objects to this request.
i l
CONCLUSION l'
The Staff's. deadline for filing its response to. interveners' motion l
should be extended by eight days, until August 18, 1989.
R tictfully su ynitted, I
hry kh&
Gre ory/
an f
Counsel (for Staff d
Dated at Rockville, Maryland
'this 8th day of August 1989 l
wiw UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION 89 AUG 10 P3:09 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-443 OL DOCN f5 M'
- 50-444 OL PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, el al.
Off-site Emergency "lanning (Seabrook Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF REQUEST FOR EXTENTION OF TIME TO RESPOND TO INTERVENERS' MOTION TO REOPEN THE RECORD AND ADMIT LATE-FILED
- 0NTENTION" 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, as indicated by double asterist s, by telecopier, this 8th day of August 1989:
Ivan W. Smith, Chairman (2)**
Philip Ahrens, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission State House Station Washington, DC 20555 Augusta, ME 04333 Richard F. Cole
- John Traficonte, 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 Kenneth A. McCollom Geoffrey Huntington, Esq.
Administr6tive Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74075 25 Capitol Street Concord, NH 03301 Thomas G. Dignan, Jr., Esq.**
Robert K. Gad, III, Esq.
Diane Curran, Esq.
Ropes & Gray Harmon, Curran & Tousley One International Place 2001 S Street, NW Boston, MA 02110-2624 Suite 430 Washington, DC 20009 Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106
H. J. Flynn, Esq.
Judith H. Mizner, Esq.
Assistant General Counsel 79 State Street Federal Emergency Management Agency Newburyport, MA 01950 500 C Street, S.W.
Washington, DC 20472 Robert Carrigg, Chairman Board of Selectmen Paul McEachern, Esq.
Town Office Shaines & McEachern Atlantic Avenue 25 Maplewood Avenue North Hampton, NH 03862 P.O. Box 360 Portsmouth, NH 03801 William S. Lord Board of Selectmen Charles P. Graham, Esq.
Town Hall - Friend Street McKay, Murphy & Graham Amesbury, MA 01913 100 Main Street Amesbury, MA 0191's Mrs. Anne E. Goodman, Chairman Board of Selectmen Sandra Gavutis, Chairman 13-15 Newmarket Road Board of Selectmen Durham, NH 03824 RFD #1, Box 1154 Kensington, NH 03827 Kensington, NH 03827 Hon. Gordon J. Humphrey Calvin A. Canney United States Senate City Hall 531 Hart Senate Office Building 126 Daniel Street Washington, DC 20510 Portsmouth, NH 03801 Richard R. Dorovan j
R. Scott Hill-Whilton, Esq.
Federal Emergency Management 1
Lagoulis,' Clark, Hill-Whilton Agency
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& McGuire Federal Regional Center I
79 State Street 130 228th Street, S.W.
j Newburyport, MA 01950 Bothell, Washington 98021-9796 i
Allen Lampert Peter J. Matthews, Mayor Civil Defense Director City Hall Tcwn of Brentwood Newburyport, MA 01950 20 Franklin
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Exeter, NH 03833 Michael Santosuosso, Chairman Board of Selectmen William Armstrong South Hampton, NH 03827 Civil Defense Director Town of Exeter Ashod N. Amirian, Esq.
10 Front Street Town Counsel for Merrimac Exeter, NH 03833 145 South Main Street l
P.O. Box 38 i
Gary W. Holmes, Esq.
Bradford, MA 01835 Holmes & Ellis 47 Winnacunnet Road Barbara J. Saint Andre, Esq.
Hampton, NH 03842 Kopelman and Paige, P.C.
77 Franklin Street 00ston, MA 02110
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.Ms. Suzanne Breiseth J. P. Nadeau
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' Board of Selectmen Board of Selectmen Town of Hampton Falls 10 Central Street Drinkwater Road Rye, NH 03870 Hampton Falls. NH 03844 Atomic Safety and Licensing i
Robert R. Pierce, Esq.*
Board Panel (1)*
Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Board Panel Washington, DC 20555
.U.S. Nuclear Regulatory Comission Washington, DC 20555 Samuel J. Chilk Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Appeal Panel (5)*
Washington, DC 20555 O.S. Nuclear Regulatory Comission Washington, DC 20555 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Comission Washington, DC 20555 g}
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M Gregory /flin Berfy1 CounseligNRCfyaff
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