ML20247K792
| ML20247K792 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/30/1989 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#289-8695 LBP-88-32, OL, NUDOCS 8906020017 | |
| Download: ML20247K792 (6) | |
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- 89. MAY 31 - PS :24 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARDr.rs q Ducc. !jg In the Matter of
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Docket No. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEWHAMPSHIRE,e_t,a_1
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Offsite Emergency Planning (Seabrook Station, Units I and'2)
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NRC STAFF'S MOTION FOR AN ADDITIONAL. EXTENSION OF TIME IN WHICH TO FILE ITS BRIEF IN RESPONSE' TO INTERVENERS' BRIEFS ON APPEAL FROM LBP-88-32 The NRC Staff hereby requests an additional five-day extension of time, until Monday, June 5, ~1989, in which to file its brief in response to Interveners' four briefs on appeal from the Licensing Board's Partial Initial Decision (PID) of December 30,1988.1/ In support of this request, the Staff states as follows:
1.
Briefs on appeal from the Licensing Board's PID were filed by the Town of Hampton, the Seacoast Anti-Pollution League (SAPL), the Massachusetts: Attorney General (" Mass AG"), and the New England Coalition on Nuclear Pollution'(NECNP). The appellants' briefs were filed on or before March 24, 1989, pursuant to a 40-day extension of time granted by the Appeal Board. On May 5, 1989, the Appeal Board granted the Staff's request for a 23-day extension of time, until May 31, 1989, in which to file its brief in response to the Interveners' briefs on appeal.
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Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), LBP-88-32, 28 NRC 667 (Dec. 30, 1988).
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2.
As the Staff noted in its previous request for an extension, the Interveners' briefs total approximately 250 pages, plus many voluminous attachments.
In their briefs, the Interveners raise numerous factual and legal issues challenging the PID, evidentiary rulings made by the Board and earlier Board rulings.
3.
The preparation of a brief in response to these numerous and detailed challenges to the Licensing Board's PID has entailed considerable effort and has taken longer than the Staff initially estimated. While the Staff previously estimated that its brief would be completed and ready for filing by May 31, 1989, it has become apparent that the Staff will require several additional days in which to complete its brief.
4.
The Staff's requirement of this additional time is necessitated, in part, by the unexpected length of time it has taken to respond to all of the many arguments raised by the Interveners on appeal.
In addition, the need for this additional time results from the fact that the Staff was required to respond last week to an emergency motion filed by the Mass AG, which required Staff Counsel to spend an entire day and night in the preparation of a responsive pleading -- in effect causing the loss of two days' time which would otherwise have been utilized to respond to Interveners' briefs on appeal.
5.
The granting of this Motion will not harm any other party to this proceeding, will not delay resolution of the issues before the Appeal Board, and will not delay the issuance of a full power license (if such a license should be authorized).
7.
Staff Counsel has contacted the other parties who filed briefs on appeal from the PID.
Counsel for the Applicants, NECNP, and the Town
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granting of this Motion. Counsel for the Mass AG has authorized the Staff to state'that he does not oppose an extension until Friday, June 2, 1989, but opposes an extension until the following Monday. Counsel for SAPL has stated that he opposes the grant of any extension of time for the filing of the Staff's brief.
WHEREFORE, the Staff respect'/ully requests an additional 5-day-extension of time. until June 5, 1989, for the filing of its brief in response to Interveners' appeals from the Licensing Board's PID.
Respectfully submitted,
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Sherwin E. Turk Senior Supervisory i
Trial Attorney Dated at Rockville, Maryland this 30th day of May, 1989 I
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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DocketNos.50-443'bb'":,"&
PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, g al.
Off-site Emergency Planning (Seabrook Station, Units 1 and 2
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC Staff's Motion for an Additional Extension of Time in Which to File Its Brief in Response to Interveners' Briefs on Appeal from LBP-88-32" 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, this 30th day of May 1989:
Ivan W. 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 Washington, DC 20555 500 C Street SW Washington, DC 20472 Richard F. Cole
- Administrative Judge Calvin A. Canney 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 Stillwater, OK 740/5 One Achburton Place, 19th Floor Boston, MA 02108 Diane Curran, Esq.
Harmon, Curran & Tousley Geoffrey Huntington, Esq.
2001 S Street, NW Assistant Attorney General Suite 430 Office of the Attorney General Washington, DC 20009 25 Capitol Street Concord, NH 03301 Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station Augusta, ME 04333
Robert A. Backus, Esq.
Peter J. Matthews, Mayor
'Backus, Meyer & Solomon City Hall 116 Lowell Street Newburyport, MA 01950 Manchester, NH 03106 Mrs. Anne E. Goodman, Chairman Paul McEachern, Esq.
Board of Selectmen Shaines & McEachern 13-15 Newmarket Road 25 Maplce90d 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 Washi'igton, 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 Tcwn Hall - Friend Street Ashod N. Amirian, Esq.
Amesbury, MA 01913 Town Counsel for Merrimac 145 South Main Street R. Scott Sill-Whilton, Esq.
P.O. Box 38 Lagoulis, Clark, kill-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 lown 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 Hampton, NH 03842
. i; J. P. Nadeau Ms. Suzanne Breiseth Board of Selectmen Board of Selectmen 10 Central Street Town of Hampton Falls Rye, NH.
03870-Drinkwater Road y
Hampton Falls, NH - 03844 Judith H. Mizner, Esq.
-79 State Street Atomic Safety and Licensing Newburyport, MA 01950 Board.(1)*
U.S. Nuclear Regulatory Commission Robert Carrigg Washington, DC 20555 Board of Seler.tmen Town Office Atomic Safety and Licensing Atlantic Avenue Appeai Panel (8)*
North Hampton, NH 03862-U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section*
i Office of the Secretary U.S. Nuclear Regulatory Commiss, ion Washington, DC 20555 Eb Sherwin E. Turk i
Counsel for NRC Staff l
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