ML20247A374
| ML20247A374 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/22/1989 |
| From: | Bergquist S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#189-8342 OL, NUDOCS 8903290109 | |
| Download: ML20247A374 (8) | |
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UNITED STATES OF AMERICA NUCLEAD DEGULATORY COMMISSION
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l BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL B0'ARDl l
In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEWHAMPSHIRE,etal.
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Off-site Emergency Planning (Seabrook Station, Units 1 and 2) 4 NRC STAFF'S RESPONSE TO THE MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR LEAVE TO FILE AN APPEAL BRIEF IN EXCESS OF 70 PAGES l
Stephen A. Bergquist Counsel for NRC Staff March 22, 1989 8903290109 890322 DR ADOCK 0500 3
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UNITED STATES OF AMERICA NUCLEAD DEGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSHIRE, g al.
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Off-site Emergency Planning (Seabrook Station, Units 1 and 2)
NRC STAFF'S RESPONSE TO THE MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR LEAVE TO FILE AN APPEAL BRIEF IN EXCESS OF 70 PAGES 1
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Stephen A. Bergquist i
Counsel for NRC Staff March 22, 1989 f
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, et al.
Offsite Emergency Planning (Seabrook Station, Units 1 and 2)
NRC STAFF'S RESPONSE TO THE MASSACHUSETTS
. ATTORNEY GENERAL'S MOTION FOR LEAVE TO FILE AN APPEAL BRIEF IN EXCESS OF 70 PAGES On March 16, 1989, the Massachusetts Attorney General filed a motion, with respect to the Licensing Board's December 30, 1988, partial initial decision, in which he requested permission to exceed by 40 pages the 70-page limit set forth for appeal briefs in 10 C.F.R. 9 2.762(e).1/ On January 17, 1989, he filed a similar motion seeking permission to exceed the limit by an unspecified amount. 2/ On January 24, 1989, the NRC Staff indicated, in response to the Attorney General's January 17, 1989, motion, i
that it was not averse to a modest increase such as 15 or 20 pages, but it
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opposed any increase substantially in excess of 20 pages. 3/ The Appeal I
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" Massachusetts Attorney General's Motion for Leave to File An Appeal Brief in Excess of 70 Pages," dated March 16, 1989, (March 16
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Motion).
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" Motion of the Massachusetts Attorney General for Extension of Time Within Which to File Appellant's Brief and for Permission to File a Brief in Excess of 70 Pages", dated January 17, 1989.
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"NRC Staff's Response to Interveners' Motions for An Extension of Time In Which to-File Their Briefs and for An Increase In the Page l
Limitation," dated January 24, 1989.
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- Board denied'the January 17' motion without prejudice on January 24, 1989,
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permitting renewal at'least seven days prior to the March 24, 1989, filing deadline in accordance with 10 C.F.R. 6 2.762(e). Y The' Staff's consideration of the Attorney General's March 16 Motion reveals no ground for changing this position.
o A party may request an increase of the 70-page appellate brief limit l
l for " good cause." 10C.F.R.52.762(e). The Attorney General's March 16 Motion reveals no such " good cause." The Staff notes that four Inter-venors plan to file appeal briefs with regard to the December 30, 1988, l
partial initial decision. One of these parties, the Town of Hampton, has already filed a fifty-page brief. E Pursuant to 10 C.F.R. 5 2.762(e),
these parties are permitted a cumulative total of 280 pages for their 1
briefs. The Staff perceives no sound reason why the parties cannot address the issues they wish to raise on appeal within this generous compass, irrespective of their complexity or the length of the record.
The Attorney General focuses primarily on one issue as necessitating an expansion of the page limit:
the legal standard utilized by the Licensing j
Board in judging the adequacy of the protective measures set forth in the New Hampshire Radiological Emergency Plan and that standard's impact on both.the Board's framing of the issues for decision and its evidentiary rulings. March 16 Motion at 2.
It is pertinent to note that the TOH Appeal presents a quite lengthy argument related precisely to this issue.
y Order, January 24, 1989, (" January 24 Order").
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" Town of Hampton's Brief In Support of Appeal of Partial Initial Decision on the New Hampshire Radiological Emergency Response Plan,"
dated February 10,1989,(TOHAppeal).
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. s See T0H Appeal at 9-30.
This raises a question regarding the Interveners' adherence to the Appeal Board's assumption that " counsel for all those j
parties will be consulting among themselves during the briefing process i
for the purpose of avoiding, to the maximum extent possible, repetitious j
argumentation."
(Emphasis added). January 24 Order at 2.
Quite simply, the Staff still discerns no legitimate justification
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1 for a page-limit expansion greater than the twenty pages suggested in its January 24 response.
j In summary, the Attorney General has failed to demonstrate any " good cause" for an extension beyond 20 pages of the page limit imposed by 10 C.F.R. 6 2.762(e) and the subject motion should be denied.
Respectfully submitted, T
ke h Stephen A. Bergquist Counsel for NRC Staff Dated at Rockville, Maryland this 22nd day of March, 1989
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~UNITF0 STATES OF AMERICA NUCLEAR. REGULATORY COMMISSION
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'BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD' p<
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Docket Nos. 50-443 OL~ - BWu PUBLIC SERVICE COMPANY OF-
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50-444 OL NEW HAMPSHIRE, f al.
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Off-site Eniergency Planning
.(Seabrook' Station, Units 1 and 2 CERTIFICATE OF SERVICE
'I hereby certify that copies of "NRC STAFF'S RESPONSE TO THE MASSACHUSETTS.
o; ATTORNEY GENERAL'S MOTION FOR LEAVE TO FILE AN APPEAL BRIEF' IN EXCESS OF 70 PAGES" in the above-captioned proceeding have been served on the following by i
deposit in the. United States mail, first class or, as indicated by an asterisk, j
by deposit in the Nuclear Regulatory Commission's internal mail system, this 22nd day of March,1989.
LIvanW. 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 4
Washington, DC 20555 500 C Street, SW i
Washington, DC 20472 Richard F. Cole
- Calvin A. Canney 1
Administrative Judge
' Atomic Safety and Licensing Board City Hall-U.S. Nuclear Regulatory Commission 126 Daniel Street Washington, DC 20555 Portsmouth, NH' 03801 Kenneth A. McCollom
~ John Traficonte, Esq.
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General 1
l Stillwater, OK 74075 One Ashburton ' Place,19th Floor Boston, MA 02108 James H. Carpenter, Alternate
- Geoffrey Huntington, Fsq.
Administrative Judge.
Assistant Attorney General Atomic Safety & Licensing Branch U.S. Nuclear Regulatory Comission Office of the Attorney General Washington, DC 20555 25 Capitol Street i
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, NW Augusta, ME 04333 Suite 430 Washington, DC 20009 4
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s Robert A. Backus, Esq.
Peter J. Matthews, Mayor l
Backus, Meyer & Solomon City Hall l'
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 Durham, NH 03824 P.O. Box 360 Portsmouth, 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 Federal Emergency Management Agency Allen Lampert 130 228th Street, S.W.
Civil Defense Director Bothell, Washington 98021-9796 Town of Brentwood 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 03833 Robert K. Gad, III, Esq.
Ropes & Gray Gary W. Holmes, Esq.
One International Place Holmes & Ellis Boston, MA 02110 47 Winnacunnet Road l
Hampton, NH 03842
'h s J. P. Nadeau Ms. Suzanne Breiseth Board of Selectmen Board of Selectmen 10 Central Street Town of Hampton Falls Rye,-NH 03870 Drinkwater Road
- Hampton Falls, NH 03844 Judith H. Mizner, Esq.
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79 State Street Atomic Safety and Licensing 1
Newburyport, MA 01950 Board (1)*
I U.S. Nuclear Regulatory Commission
- Robert Carrigg Washington, DC 20555 Board of Selectmen Town Office Atomic Safety and Licensing Atlantic Avenue Appeal Panel (8)*
North Hampton, NH 03862 U.S. Nuclear Regulatory Commission Washington, DC 20555 l
Ms. Elizabeth Weinhold j
3 Godfrey Avenue Docketing and Service Section*
t Hampton, NH 03842 Office of the Secretary -
U.S. Nuclear Regulatory Commission Washington, DC 20555 l
Stephen K. Bergquist
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Counsel for NRC Staff
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