ML20246M410

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Order.* Stay Applications Should Be Filed W/Commission within 5 Days from Date Following Svc of Any Staff Notice. Stay Oppositions Should Be Filed within 4 Days from Svc of Application for Stay.W/Certificate of Svc.Served on 890322
ML20246M410
Person / Time
Site: Seabrook  
Issue date: 03/22/1989
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#189-8340 CLI-88-10, LBP-89-04, LBP-89-4, OL-1, NUDOCS 8903270141
Download: ML20246M410 (5)


Text

_ _ _ - _ _

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:

g Lando W. Zech, Jr., Chairman Thomas M. Roberts es t i Kenneth M. Carr Bacni n.

aN Kenneth.C. Rogers MA*'

James R. Curtiss PUBLIC SERVICE COMPANY OF

)

P fD MAR 221989

)

NEW HAMPSHIRE

)

Docket Nos. 50-443-OL-1

)

50-444-OL-1 (Seabrook Station, Units 1 and 2 )

(Onsite Emergency Planning

)

and Safety Issues)

)

ORDER In its December 21, 1988 Order, CLI-88-10, the Comission authorized issuance of a license to operate Seabrook at low power conditioned on prior (1) satisfactory completion of decommissioning funding requirei N

and (2) conclusion of any litigation on new "onsite" emergency planning issues.

In response to a request for a housekeeping stay to permit stay motions before us or before a Court of Appeals, the Comission delayed the effectiveness of its order for 10 days from the date when the last of these conditions was satisfied. Since then the onsite litigation has been concluded by the Licensing Board Order dated January 30, 1989 (LBP-89-04), and by letter dated March 20, 1989, Applicants have filed their decommissioning funding documents for review by the Staff. While i

the Comission intimates no view whatsoever on the adequacy of the L

Applicants' submittal, the Commission believes that in these l

circumstances the interests of the parties will be served by the 1

1 establishment of a schedule for consideration of any stay applications in l

8903270141 890322 PDR ADOCK 05000443 O

PDR i

the event the Staff serves notice that Applicants have met the Comission's requirement (Staff Notice).

All papers, including the Staff Notice,-shall be filed with the Comission and served on the active parties by hand or by overnicht express._ If, the due date for any paper falls on a Saturday, Sunday or holiday the paper shall be filed on the next day which is not a Saturday, Sunday or holiday.

No other time allowances are contemplated; time allowance for service has been included in the designated times.

Within 5 days from the date following service of any Staff notice,

.i any stay applications shall be filed with the Commission.

Parties need not repeat their arguments for a stay of the Licensing Board's Decision rejecting the onsite exercise contention (LBP 89-04), as those arguments are already before the Commission for consideration.

Stay appositions shall be filed within 4 days from the service of an application for a stay.

The Commission will rule on timely stay applications expeditiously; however, no low power license shall issue before the Commission's ruling.

The Commission's order will also decide the stay applications before it related to LBP 89-04 and the Massachusetts Attorney General's "Second Motion for Reconsideration of CLI-88-10" dated March 3,1989, based on conditions related to low-level waste disposal.

Itj d % RED.

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For tbn Comm ssion,

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SAltVEL W HFLK g

secretary of the Commission Dated at ildleindfle, Maryland i

this M day of March, 1989 2

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_1.y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-

-l

.In the Matter of I

2 I

I PUBLIC SERVICE COMPANY OF.NEW I

Docket No.(s) 50-443/444-OL-1 HAMPSHIRE. ET AL.

I

-(Seabrook Station. Units 1 and 2) i I

I CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION' ORDER DTD 3/22/89 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 Administrative Judae Alan S. Rosenthal. Chairman Thomas S. Moore Atomic Safety and Licensino Appeal Atomic Safety and Licensino Appeal.

Board Board U.S. Nuclear Reaulatory Commission U.S. Nuclear Reculatory Commission Washington, DC 20555 Washinoton, DC 20555 Administrative Judoe Howard A. Wilber Administrative Judas Atomic. Safety and Licensino-Appeal

' Peter B. Bloch, Chairman j

Board Atomic Safety and Licensino Board-i U.S. Nuclear. Regulatory Commission U.S. Nuclear Regulatory Commission

'Washinoton, DC 20555 Washinoten. DC 20555 Administrative Judoe Administrative Law Judoe Jerry Harbour Ivan:W. Smith Atomic Safety and Licensino Board Atomic Safety and Licensino Board U.S. Nuclear Reculatory Commission U.S. Nuclear Reculatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Edwin J. Reis Esc.

Emmeth A. Luebke Office of the General Counsel 5500 Friendship Boulevard, Apt. 1923N U.S. Nuclear Reculatory Commission kB L

Chevy Chase. MD 20815 Washington, DC 20555 Diane Curran. Esc.

Thomas G. Dianan. Jr., Esq.

Harmon, Curran & Tousley Ropes & Gray 2001'S Street.

N.W., Suite 430 One International Place Washington, DC 20009 Boston MA 02110 l

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Docket No.(s)50-443/444-OL-l' COMMISSION ORDER DTD 3/22/89 I

Robert A. Backus. Esq.

Paul McEachern. Esq.

Backus, Meyer & Solomon Shaines & McEachern 116 Lowell Street 25 Maolewood Avenue, P.O. Box 360 Manchester, NH 03106 Portsmouth, NH 03801 2

Gary W. Holmes, Esa.

Charles P.-Graham, Esa.

Holmes & Ells McKay, Murphy and Graham 47 Winnacunnet Road 100 Main Street Hampton, NH 03942 Amesbury, MA 01913 1

Barton Z. Cowan. Esc.

Jane Douchty.

Eckert. Seamans, Charin & Mellott Seacoast Anti-Pollution League 600 Grant Street, 42 Floor 5 Market Street Pittsburgh, PA-15219 Portsmouth, NH 03801 1

Georoe W. Watson. Esa.

Edward A. Thomas l

Federal Emergency Management Agency Federal Emergency Management Agency 500 C Street, S.W.

442 J.W. McCormack (POCH)

Washington, DC 20472 Boston, MA 02109 George D. Bisbee, Esa.

Suzanne Breiseth Assistant Attorney General Board of Selectmen Office of the Attorney General Town of Hampton Falls 25 Capitol Street Drinkwater Road Concord, NH 03301 Hampton Falls, NH 03844 John Traficonte Esq.

Matthew T. Brock, Esq.

Chief, Nuclear Safety Unit Assistant Attorney General Office of the' Attorney General Office of the Attorney General One Ashburton Place. 19th Floor One Ashburton Place, 19th Floor Boston, MA 02108 Boston, MA 02108 The Honorable Philip Ahrens, Esq.

Edward J. Markey, Chairman Assistant Attorney General ATTN Linda Correia l

Office of the Attorney General Subcommittee on Energy Conservation and State House Station, #6 Power Augusta, ME 04333 House Committee on Energy and Commerce Washinoton, DC 20515

[

Docket No.(s)GO-443/444-OL-1 g

COMMISSION ORDER DTD'3/22/89 I

l l

l Richard A. Hampe, Esc.

J. P. Nadeau j

Hampe & McNicholas Board of Selectmen 35 Pleasant Street 10 Central Street Concord NH 03301 Rye, NH 03870 Allen Lampert William Armstrong Civil Defense Director Civil Def ense Director Town of Brentwood Town of.Exeter i

20 Franklin Street 10 Front Street I

Exeter. NH 03833 Exeter, NH 03833 1

Sandra Gavutis, Chairman Calvin A. Canney Board of Selectmen' City Manaaer

]

-RFD #1 Box 1154 City Hall Kensington. NH 03827 126 Daniel Street Portsmouth, NH 03801 Anne Goodman, Chairman Board of Selectmen Board of Selectmen l

13-15.Newmarket Road Town Hall - Friend Street

]

Durham, NH 03024 Amesbury, MA 01913 Peter J. Matthews Mayor of Newburyport Michael Santosuosso, Chairman City Hall Board of Selectmen Newburyport. MA 01950 South Hampton. NH 03027 R. Scott Hill-Whilton, Esquire Stanley W. Knowles, Chairman Laooulis. Hill-Whilton & McGuire Board of Selectmen 79 State Street P.O. Box 710 Newburyport., MA 01950 North Hampton. NH 03862

]

l The Honorable Gordon J. Humphrey ATTN Janet Colt United States Senate Washington, DC 20510 Dated at Rockville. Md. this 22 day of March 1989 f

Office of the Secretary of the Commission