ML20246N399

Requests That ASLB Find Town of Amesbury & Salisbury & City of Newburyport 890831 Proposed Findings in Default & Findings Disregarded Due to NRC Not Receiving Copy & Findings Not Being Properly Served,Per 10CFR2.701(a)

ML20246N399
Person / Time
Site:	Seabrook
Issue date:	09/01/1989
From:	Chan E NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Cole R, Mccollom K, Smith I Atomic Safety and Licensing Board Panel
References
CON-#389-9127 OL, NUDOCS 8909080107
Download: ML20246N399 (2)

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Ducrd.gg September 1, 1989 Ivan W. Smith.Esq., Chairman Kenneth A. McCollom Administrative Judge Administrative Judge Atomic Safety and Licensing Board 1107 West Knapp Street U.S. Nuclear Regulatory Commission Stillwater, O K 74705

' Washington, D C 20555 Richard F. Cole Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, ET.AL.

(Seabrook Station. Units 1 and 2)

Docket Nos. 50-443, 50-444 Off-Site Emergency Planning

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Dear Adminisi.rative Judges:

The Staff discovered yesterday, for the first time, upon receipt of

" Applicants' Response to Proposed Findings and Rulings of Other Parties" that the Town of Amesbury (T0A), City of Newburyport (CON) and Town of Salisbury (TOS) had filed proposed findings.

The Staff had not received a copy of that filing directly nor through tne Docketing and Service Section.

Further inquiry revealed that neither Docketing and Service nor the NRC Public Document Room had been served as required by 10 C.F.R. 9 2.701(a). The Board required parties to file proposed findings in accordance with 10 C.F.R.

% 2.754 or be deemed in default pursuant to 10 C.F.R. f 2.754(h).

As a result of the failure of these interveners to serve their proposed findings pursuant to the Commission regulations, the Staff was unable to s

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respond to those findings - by August 31, 1989~as required by the Board's June 30,.1989 Order.. The Staff hereby requests that the Board find T0A, CON and -

TOS'in default and'that their proposed findings be disregarded.

Sincerely.-

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~ Elaine I Chan Counsel for NRC Staff cc: Service List l

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