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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
[Table view] |
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- 11AY 23 89 07228 ROPES & GRAY P.2
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'89 MAY 23 A9:15 s UNITED STATES OF ANEnICA j befare the f,${g., .
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- NUCLEAR REGULATORY COMMISSION .
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)
In the Matter cf- )
) l PUBLIC SERVICE COMPANY ) Docket Nos. 50-443-OL-1 1 OF NEN HAMPSHIRE, 3.t d. ) 50-444-OL-1
)
(Seabrook Station, Unite 1 ) (Onsite Emergency and 2) ) Planning and Safety
) Issues)
)
APPLICANTS' RESPONSE TO INTERVENERS' MOTION FOR RECONSIDERATION OF CLI-r9-08 AND RENEWED NOTION FOR A STAY OF THE' ISSUANCE OF A IDW POWER LICENSE IN LIGHT OF 'THE PRESENT AND ONGOING LITIGATION O' AN ISSUE NATERIAL TO THE ISSUANCE OF A IDW POWER LICENSE IN THE FULL POWER PROCEEDING IMMtODUCTION
~Under date of May 22, 1989, the Attcrney General of The Commonwealth of Massachusetts (MAG), on behalf of himself and three other intervanors in the above enti$ led proceeding, filed a document antitled: "Intervanors' Motion for Reconsideration of CLI-89-08 and Renewed Motion for a Stay of the Issuance of a Low Power License in Light of the.Present and ongoing Litigation of an Issue Material
-o the Issuance of a Low Power License in the Full Power Proceeding" (hereafter "MotionH). The thrust of the Motion ,
is to have,this2 Commission reconsider-itssdecision-in Enhl1G * '~~ j NAYWP4.88 y
8905300170 890523 PDR 0
ADOCK 05000443' PDR 1(
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7 MAY_23 '99 07:28 ROPES & GRAY P.3 servien connany of NRw_HamDSh1Zs (Seabrook Station, Units 1
.and.2), CLI-89-08, 29 NRC (May 18, 1989), (hereafter referred to as CLI-89-08 and cited to the slip opinion) and to reverse that decision in light of the pendency before the so-called "off-site" licensing board in this docket of an issue allegedly raised by the admission into litigation by that board of basis D to contention MAG-EX-19 (hereafter referred to as " MAG-19D"). Motion at 3.1 As we understand the theory of the Motion, it is that: (1) MAG-19D raises an issue as to the validity of the atmospheric dispersion and dose assessment model (known as METPAC) which the applicants
' utilize to make offsite dose projections in an accident situation in connection with recommending protective action responses (PARS), (2) 10 CFR 5 50.47(d), as most recently amended, 52' Fed. Reg. 36955 (Sept. 23, 1988) states that in issuing a low power license under that section, the:
"(r)eview of applicant's emergency plans will include the following standards with offsite aspects:
,s (5) Adequate nothods, systems, and equipment for assessing and monitoring actual or potential offsite consequences 1
It is true that Basis D is referred to as a basis for the Motion "intar Alla", but a review of the other admitted bases (A & B), reveals that they raise issues as to the state of New Hampshire's offsite response organization. Basis C although included in Exhibit 1 to the motion, was, never admitted, and, in any event, dealt with activities of the State of Maine. Also, thers is a typographical error in the Exhibit.1 - the ,;q' .
reference in-Basis A'to MAG-EX-11 should be to MAG-EX-11 s m o m .ss \ . .
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' t'AY 23 '89 07:29 ROPES 0 GRAY . p,4
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1 i
" of a radiological emergency condition are
-(- in use onsite,"
and (3), because the METPAC model is a method, system or equipment for assessing offsite doses, MAG-19D must be resolved before any low power issue can be issued. .
In l
'4 '
addition, it is stated that this theory did not occur to the
)
interveners until'such time as they. read CLI-89-08: and . its
-reference to the possibility that, in the event another " low power"' issue was remanded by the Appeal Board, it could be tried to'the offsite Licensing Board. CLI-89-08 at 11.
supposedly-this reference triggered a review of the contentions admitted before the Licensing Board and this, in
. turn, gave rise to the Motion. As seen below, the Motion is without merit.
ARGUMENT I.
~ ONE CRITICAL BASIS FOR '3tE MOTION NO IANGER EXISTS.
Upon receipt of the Motion, the Applicants' brought the Motionanditsgravamen, MAG-19Dtothe.aNtontionofthe
' Licensing Board. We pointed out to the Licensing Board that the gravamen of the Motion was that the Licensing Board had intended to, and did, admit an issue int:3 its proceeding which was a. prerequisite to issuance of a low power license.
After hearing the parties at some length, II. 22178-22225,2 l 2-We understand this transcript has been expedited and will be in Bathesda as of the morning of May 23, 1989. Applicants are filing this reply by FAX, s m orra.ss -<
l
7
- l t1AY 23 f 89 07:29 ROPES i GRAY. P.5 the: Licensing Board ruled that if, as. argued by MAG, the contantion was a contantion affecting low power license issuance, then it was not and never had been within the jurisdiction of the-Licensing Board, and therefore the Licensing Board granted a motion to reconsider made.by the I
. Applicants and " expunged" MAG-19D. 'Tr. 22223-25. Thus, one of the bases of the Motf.on, the pendency of MAG-19D before ,
'the Licensing Board, no longer exists.
As of this writing, MAG has appealed that decision of the Licensing Board on an interlocutory basis to the Appeal Board and sought a stay of i effectiveness of the order. expunging the contention.
However, as .seen below, even assuming the Appeal Board should stay the effectiveness of that decision, this still would not change the fact that the Motion should be denied.
II. THE NOTION FAILS TO DEMONSTRATE THAT THE INTERVENERS HAVE SATISFIED.THE PROVISIONS OF
.10 CFR 5 2.788, AND THEREFORE, THE MOTION MUST BE DENIED.
The Motion seeks reconsideration of CLI-89-08, a decision that denied several motions to stay pending appeal a decision authorizing low power operation of Seabrook Station, and also, itself, seeks a stay. Therefore, in order to prevail, MAG must show that the commission erred when it held l-in CLI-89-08 that the provisions of 10 CFR I 2.788 were not I
met. As is well known, there are four factors which are and will include in hard copies, filed by Federal Express copies of the transcript.
suvo m .se ,,
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- MAY 23 'E? 07:30 ROPES & GRAY P.6 u'
H i
considered in deciding whether.to' grant an application for a stay pending appeals likelihood of success on the marits; irreparable harm to'the movant from denial of the stay; harm to the respondent from the grant of the stay; and the public interest. 10 CFR $ 2.788 (e) . "[I]t is incontrovertible that a
'the most :significant factor in1 deciding whether to grant a stay request is.'whether the party requesting a stay has shown.that it'will be irreparably injured unleas a stcy is granted.'"3- Obviously the Motion adds nothing new to the
" irreparable harm" factor; Thus the same reasons that led the Commission to find no showing of irreparable harm in CLI-89-08 6till exist unaffected by the motion. Given the importance of the " irreparable harm" showing, this alone is enough to deny the Motion.
Nor does the Motion add anything to what was already said with respect to the " harm to the. respondent" or "public interest"' factors, as to which this Commission also ruled l
against MAG's position in CLI-89-08. Thus the only facter in 10 CFR $ 2.788 (e) that could be affected by the Motion, is i the " likelihood of success" factor, and, as seen below, nothing of substance has been added there either. I To begin with, as noted above, absent an Appeal Board ruling staying the decision of the Licensing Board issued on 3~
f cLT-as-os at 5, quoting Metropolitan Edinan Co.
(Three Mile-Island Nuclear Station, Unit 1), CLI-84-17, 20 NRC 801, 804 (1984), in turn quoting Mnerheuma Elmetric core. .(Exports to the Philippines), CLI-80-14, 11 NRC 631, 662 (1980).
amen.se I a a
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.t1AY 23 '89 07:30 R S 3 GRAf P.7 4
, the. record ct the hearing on May 22, 1989,-the contention whichfis the gravamen of the Metion is gone,.and, with it,
.the Motion. In addition, the Licensing Board was exactly-r- correct about the fact.that the jurisdictional division between the two Seabrook Licensing Boards, although referred
. z to as "onsite" and "offsite" was, in reality, bstween a board having jurisdiction of the issues which affected low power licensing, and those issues.which remained at the time which affected only full power operation. The. sirens issue, which
. remains with the other licensing board does so simply because'
- at the time jurisdiction of it was assigned it was censidered to be an issue affecting low power licensing. 1 Thus, if the contention is a low power iscu., the "offsite" Soard had no jurisdiction to resolve it and should not have admitted the contention. Indeed, the Applicants argued
-& gainst the adnission of MAG.19-D on the basis that it should have been. raised as a safety issue back before the original licensing board and that the attempt to raise it as an I.
" exercise" contention was, in reality the raising of a late k fi).ed technical safety contention. Indeed, properly to raise this' issue now in the manner it is being used before this commission would require a reopening of a closed record as to technical safety issues.
.l Prescindir.g from all of the foregoing, the fact is that L
-MAG in simply wrong in saying that the METPAC issue, as he reised it, claiming that the flaws were not discovered until s m m 6.ss a .
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L.. .i MAY;23 '89 07i?1 ROPE 5'& GRAY'.
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("c the exercise, can affect low powcr'oparation under the.
)
s e Comsission's rules. There is no requirement'in the
{, , ,
s commission's regulations.for the resolution of any-issue f arising out of the exercise before' low power. testing is l authorized. This.is so because.by-the terms'of the very 1
-regulation that MAG . relies upon,10. CFR 5 : 50.47(d)r the !
decision on low power is to be made uporithe basis of a -i reviewc of the plan, not-the exercise of the plan. The only i
prerequisite exercise to any licensing decision is the graded full participation exercise within two years of full power cperation. 'There simply is no otherJexercise of any type
. which:is a'necessary prorsquisite:te be completed'and litigated before any other type of licensed operation. Thus,
.sven if theilicensing. Board had erroneously stood by its admission'of'the contention at issue,'this would avail MAG nothing-in his attempt to stop the low power testing of scabrook Station.
Y smom.ss - ~ 7 --
- (1AY. 23 '89 07:31 ROPEG & GRAY P.9
.CQEGLUSIO!;
The Motion-should be denied.
- o Respectfully submitted,.
W
-s, - m Thefas'G. 911) nan, Jr.
George H. Lewald Kathryn A. Selleck
-Jeffrey P. Trout Jay Bradford Smith Geoffrey C. Cook William Parker Ropes k Gray
. One International Place
. g .,
Boston, MA 02110-2624
( 63.7) 951-7000 Counsel for Applicanus k
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I suron e.ss ,,
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CERTIFICATE OF BERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on May 23, 1989, I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery to (or where indicated, by depositing in the U11ted States mail, first class postage paid, addressed to) the 11dividuals listed below: I l
Lando W. Zech, Jr. , tdairman Thomas M. Roberts, Commissioner U.s. Nuclear Regulatory U.S. Nuclear Regulatory commission commission One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike ;
Rockville, MD 20852 Rockville, MD 20852 Kenneth M. Carr, commissioner James R. Curtiss, Commissioner 1 U.S. Nuclear Regulatory U.S. Nuclear Regulatory commission commission one White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 Kenneth C. Rogers, Commissioner William C. Parler, Esquire U.S. Nuclear Regulatory General counsel Commission office of the General Counsel One White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 Alan S. Rosenthal, Chairman Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing
. Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda,-MD 20814 Thomas.S. Moore Marjorie Nordlinger, Esquire Atomic Safety and Licenting Office of the General Counsel Appeal Panel One White Flint North U.S. Nuclear Regulator / 11555 Rockville Pike Commission Rockville, MD 20852 East West Towers Building J
'4350 East West Highway '
Bethesda, MD 20814 l
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- 4. F.
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I Administrative Judge'Ivan Smith Administrative Judge Kenneth A.
Chairman,. Atomic Safety and McCollom Licensing. Board 1107. West Knapp Street
.U.S.. Nuclear Regulatory Stillwater, OK 74075 Commission East West Towers Building 4350 East-West Highway
- Betheada, MD 20814 s
Administrative Judge Richard F. Administrative. Judge Peter B.
Cole, Atomic safety and Bloch, Chairman, Atomic Licensing Board i Safety and Licensing Board U.S. Nuclear Regulatory ' U.S. Nuclear Regulatory
'i Commission Commission East West Towers Building East West Towers Building 4350 East West Highway. 4350 East West Highway Bethesda, MD 20814 Bethesda, Md 20814 Dr. Jerry Harbour Atomic Safety and Licensing Administrative Judge Emmoth A.
Board Luebke U.S. Nuclear Regulatory 4515 Willard Avenue commission Chevy Chase, MD 20815 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Mr. Richard R. Donovan- Diane curran, Esquire Federal Emergency Management Andrea C. Perster, Esquire Agency
. Federal Regional Center Harmon, Curran & Tousley 130.228th street, s.W. Suite 430 Bothell, WA 2001 8 street, N.W.
98021-9796 Washington, DC 20009 Robert R. - Pierce, Esquire John P Arnold, Esquire Atomic-Bafsty and Licensing Attorney General Board U.J.-Nuclear Regulatory George Dana Bisbee, Esquire Commission Assistant Attorney General East West Towers Building office of the Attorney General !
25 Capitol Street
!. 4350 East West Highway Bethesda, MD 20414 Concord, NH 03301-6397
, sM7-l
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-Adjudicatory File Atomic Safety and Licensing Sherwin E. Turk,. Esquire Board Panel Docket (2 copies) office of General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory
-Commission Commission '1 1
East West Towers Building; One White Flint North 4350 East West Highway 15th Floor Bethesda, MD 20814 11555 Rockville Pike Rockville, MD 20852
- Atomic-safety and Licensing Robert A. Backus, Esquire Appeal Board Backus, Meyer & solomon U.S. Nuclear Regulatory Commission 116 Lowell Street Washington, DC P.O. Box 516 -
20555 Manchester, NH 03105 .
~c' Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectman's Office Department et the Attorney 10 Central Road General j Rye, NH 03870 Augusta, ME 04333 I' Paul McEachern, Esquire John Traficonte, Esquire Shaines & McEachern Assistant ~ Attorney General Maplewood Avenue P.O. Box 360 Department of the Attorney Portsmouth, NH 03801 General One Ashburton Place, 19th Floor Boston, MA 02108 Mrs. sandra Gavutis {
Chairman, Board of Selectmen Mr. Calvin A. Canney City Manager RFD 1 - Box 1154 City Mall Route 107 Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate. Lagoulis, Hill-Whilton &
i Washington, DC 20510 Rotondi (Attn: Tom Burack) 79 State street Newburyport, MA 01950
~
- Senator.Gordon J. Humphrey Leonard Kopelman, Esquire one Eagle Square, Suite 507- Kopelman & Paige, P.C.
Concord, NN 03301 (Attn: . Herb Boynton) 77 Franklin Street Boston, MA 02110 9
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' Mrr* Thomas ' F. Powers, III Town Manager Mr. William S. Lord Town of-Exeter Board of Seleotmen 10 Front Street . Town Hall - Friend Street Aussbury, MA
.Exeter, NH 03833 01913 H. Joseph Flynn' , Esquire office-of General counsel- Charles P. Graham, Esquire Federal Emergency Management Murphy and Graham' Agency 33 Low Street 500 C Street, s.W. Newburyport, MA 01950 Washington, DC 20472 Gary W.-Holmes,. Esquire Holmes & Ells- Richard A. Hampe, Esquire 47 Wannacunnet Road Hampe and McNicholas Hampton,- NH' 03842 35 Pleasant street Concord,-NH 03301 Judith H. Mizner, Esquire 79 state' Street, 2nd Floor Ashod N. Amirian,-Esquire Newburyport, MA 01950' 145 South Main street ~
P.O. Box 38 Bradford, MA 01835 Thomas G an, Jr.
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