ML20247K914
| ML20247K914 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/24/1989 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#289-8684 LBP-88-32, OL, NUDOCS 8906020048 | |
| Download: ML20247K914 (6) | |
Text
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. %E4 5/24/89 Lgy:
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~89 tiAY 30 P3 :26 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL, BOARD cca ; V w
In the Matter of
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)
Docket No. 50-443 OL PUBLIC SERVICE COMPANY OF
)
50-444 OL NEW HAMPSHIRE, et M.
)
Offsite Emergency Planning (Seabrock Station, Units 1 and 2)
)
NRC STAFF'S MOTION FOR AN ENLARGEMENT OF THE PAGE LIMITATION FOR ITS BRIEF IN RESPONSE TO INTERVENERS' BRIEFS ON APPEAL FROM LBP-88-32 The NRC Staff hereby requests an enlargement of the page limitation set forth in 10 C.F.R. 6 2.762(e), to enable the Staff to file a single brief of up to 90 pages 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 have been 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). Pursuant to 10 C.F.R. 5 2.762(c) and an extension of time granted by the Appeal Board on May 5,1989, the Staff is I
required to file a single brief in response to Interveners' briefs on or before May 31, 1989.
2.
The Interveners' briefs total approximately 250 pages, plus many voluminous attachments. The Mass AG's brief, alone, totall 88 pages plus l
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-1/
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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attachments, pursuant to a 20-page enlargement of the prescribed 70-page limit which the Appeal Board granted to the Mass AG on March 17, 1989, without opposition by the NRC Staff. U 3.
The Interveners raise numerous factual and legal issues challenging the PID, evidentiary rulings made by the Board and earlier Board rulings. Although the Interveners' briefs overlap to some extent, an enlargement of the page limitation is necessary to enable the Staff to file a consolidated brief which responds fully to Interveners' numerous challenges to the actions below.
4.
The granting of this Motion will not harm any other party to this proceeding. Further, the Staff is attempting to avoid burdening the Appeal Board with unnecessary and lengthy argumentation, and will make every effort to conform its brief as closely as possible to the page limitation specified by regulation.
5.
Staff Counsel has contacted the other parties who filed briefs on appeal from the PID. Counsel for the Applicants, NECNP, the Town of Hampton, and the Mass AG have authorized the Staff to state that they do l
2/
The Staff did not oppose the Mass AG's initial request for an unspecified enlargement of the page limitation, so long as any such enlargement was limited to 15 or 20 pages.
"NRC Staff's Response to Interveners' Motions For en Extension of Time in Which to File Their Briefs and For an Increase in the Page Limitation", dated January 24, 1989, at 2.
The Mass AG filed a second motion on March 16, 1989, seeking leave to file a br13f of 110 pages; a page enlargement of 20 pages was then granted to the Mass AG on March 17, 1989, before l
any response was filed by the Staff. On March 22, 1989, the Staff l
(apparently without knowledge of the Appeal Board's action) filed an opposition to the Mass AG's request to the extent that the Mass AG sought to file a brief in excess of 90 pages.
"NRC Staff's Response to the Massachusetts Attorney General's Motion for Leave to File An Appeal Brief in Excess of 70 Pages", dated March 22, 1989.
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not oppose the granting of this Motion. Counsel for SAPL has authorized the Staff to state that he neither opposes nor supports the granting of this Metion.
WHEREFORE, the Staff respectfully requests an enlargement of up to 20 pages in excess of the 70-page limitation specified in 10 C.F.R. 5 2.762(c), for its brief in response to Interveners' briefs on appeal froci the Licensing Board's PID.
Respectfully submitted, l
&?
Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Rockville, Maryland this 24th day of May, 1989 l
1
g 3-vavrno unc UNITED STATES OF AMERICA.
-NUCLEAR REGULATORY COMMISSION'
- 89. MAY 30 P3 :26 BEFORE THE ATOMIC SAFETY-AND LICENSING APPEAL BOARD In the Matter of
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hfCNWEDEi
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Docket Nos. 50-44360LW PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSHIRE, et a_1.
)
Off-site Emergency Planning:
-(Seabrook Station, Units 1 and 2
)
CFDTTFICATE OF SERVICE I. hereby ct.rtify that copies of "NRC STAFF'S MOTION FOR AN ENLARGEMENT OF THE PAGE LIMITATION FOR ITS BRIEF IN~ RESPONSE T0 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 24th 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 Attorrey General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74075 One Ashburton Place,19th Floor Boston, MA 02108 l-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 L___-____________
pp:.
.,3 Robert A. Backus, Esq.
Peter J. Matthews, Mayor L
Backus, Meyer & Solomon-City Hall 116 Lowell Street Newburypert, MA 01950 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 j
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.
f Ropes & Gray Gary W. Holmes, Esq.
One International Place Holmes & Ellis Boston, MA 02110 47 Winnacunnet Road Hampton, NH 03842 l
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' J; P.:Nadeau Ms. Suzanne Breiseth
. Board of Selectmen.
Board of Selectmen 10 Central Street
- Town of Hampton Falls
.Rjne, NH 03870-Drinkwater Road:
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 Selectmen Town Office Atomic Safety and Licensing Atlantic Avenue Appeal Panel (8)*
North Hampton, NH 03862 U.S. Nuclear Regulatory Commission Washington, DC.
20555 Ms. Elizabeth Weinhold.
- 3 Godfrey Avenue' Docketing and Service Section*
Hampton, NH 03842-Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 b//
Sherwin E. Turk Counsel for NRC Staff I
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