ML20247M267

NRC Staff Motion for Leave to File Supplemental Proposed Findings of Fact in Response to Proposed Findings of Fact & Conclusions of Law Submitted by Town of Amesbury,Town of Salisbury & City of Newburyport.*

ML20247M267
Person / Time
Site:	Seabrook
Issue date:	09/15/1989
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20247M271	List: ML20247M267 ML20247M284
References
CON-#389-9194 OL, NUDOCS 8909250168
Download: ML20247M267 (2)

Text

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v 9/15/89-te(KETED ut,m.;

?g UNITED STATES OF AMERICA '89 SEP 19 P2 :23 NUCLEAR REGULATORY COMMISSION in BEFORE THE ATOMIC SAFETY AND LICENSING BOARD u In the Ma'.ter of )

Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF l 50-444 OL.

NEWHAMPSHIRE,et,d. Off-site Emergency Planning (Seabrook Station, Units 1 and 2) )

NRC STAFF'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL PROPOSED FINDINGS OF FACT IN RESPONSE TO THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW SUBMITTED BY TOA, TOS AND CON The NRC. Staff hereby requests leave to file the attached supplemental

. proposed findings of fact, in response to the proposed findings of fact and conclusions of law submitted by the Town of Amesbury (T0A), the Town of Salisbury (TOS) and the City of Newburyport (CON) on August 14, 1989.

In support hereof, the Staff states as follows:

1. While Counsel for T0A, TOS and CON has indicated, by letters dated September 6 and 7, 1989, that the towns' proposed findings of fact were served upon Staff Counsel by express mail on August 14, 1989, no such service was received by Staff Counsel or the Staff.

2. Because the Staff never received service of the towns' proposed findings of fact, and because the towns did not file their proposed findings with the Secretary of the Commission, as required by 10 C.F.R. 6 2.701, the Staff did not receive those documents until September 8, 1989, when Staff Counsel obtained a copy from the Licensing Board.

8909250168 890915 DR ADOCK 050 43

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3. In its September 5, 1989, motion to strike the towns' proposed findings,II the Staff indicated that it would be willing to respond to those proposed fii lings within ten days after receiving copies thereof.

Jd. at 2 n.1. Having now received those documents from the Licensing Board, the Staff has prepared and is submitting herewith a brief set of-supplemental proposed findings of fact in response thereto.

4. Counsel for T0A, TOS and CON has authorized the Staff to state that those entities do not oppose the granting of the instant request, with the mutual understanding that the granting of this request will effectively moot the Staff's motion to strike of September 5,1989.

WHEREFORE, the Staff requests leave to file the supplemental proposed findings of fact attached hereto, in response to the proposed findings of fact and conclusions of law submitted by T0A, TOS and CON.

Respectfully submitted, L C Sherwin E. Turk Senior Supervisory Trial Attorney i

Dated at Rockville, Maryland '

this 15th day of September,1989

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1/ "NRC Staff's Motion to Find the Town of Amesbury, Town of Salisbury and City of Newburyport in Default for Failure to File Proposed Findings of Fact in Accordance With 10 C.F.R. 66 2.701, 2.712 and

'2.754," dated September 5, 1989. l l

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