ML20248J306
| ML20248J306 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/06/1989 |
| From: | Lisa Clark NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#489-9284 OL, NUDOCS 8910180045 | |
| Download: ML20248J306 (8) | |
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.. ' :L COCMETED USNRC UNITED STATES'0F AMERICA NUCLEAR REGULATORY COMMISSION 89 OCT 10. P4 :12 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOAitb[ [
In the Matter'of
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Docket-Nos. 50-443 OL PUBLIC SERVICE COMPANY 0F
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50-444 OL-NEW HAMPSHIRE, g g.
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Off-site Emergency Planning
'(Seabrook Station, Units I and 2)
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NRC STAFF OPPOSITION TO APPLICANTS' MOTION FOR LEAVE TO FILE A REPLY TO RESPONSE OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE APPLICANTS' MOTION TO STRIKE THE MAG'S SEPTEMBER 15' COMMENTS AND APPLICANTS' MOTION TO SUBMIT FURTHER ANALYSIS OF MONITORING CAPACITY ISSUES AND REPLY
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Lisa B. Clark Counsel for NRC Staff October 6, 1989 8910180045 891006 gh DR ADOCK 050004 3
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UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of-Docket Nos. 50-443 OL q
PUBLIC SERVICE COMPANY OF 50-444 OL j
NEW HAMPSHIRE, et,al.
Off-site Emergency Planning
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(Seabrook Station, Units 1 and 2) l NRC STAFF OPPOSITION TO APPLICANTS' MOTION FOR LEAVE TO FILE A REPLY TO RESPONSE OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE APPLICANTS' MOTION TO STRIKE THE MAG'S SEPTEMBER 15 COMMENTS AND APPLICANTS' MOTION TO SUBMIT FURTHER ANALYSIS OF MONITORING CAPACITY ISSUES AND REPLY Lisa B. Clark Counsel for NRC Staff
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October 6, 1989 e
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD j
i In the Matter of
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Docket Nos. 50-443 OL Pi: otic SERVICE COMPANY OF
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50-444 OL NEWHAMPSHIRE,etal.
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Off-site Emergency Planning
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(Seabrook Station, Units 1 and 2)
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NRC STAFF OPPOSITION TO APPLICANTS' MOTION FOR LEAVE TO FILE A REPLY TO RESPONSE OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE APPLICANTS' MOTION TO STRIKE THE MAG'S SEPTEMBER 15 COMMENTS AND APPLICANTS' MOTION TO SUBMIT FURTHER ANALYSIS OF MONITORING CAPACITY ISSUES AND REPLY On September 27, 1989, Applicants filed a motion for leave to file a reply to the Massachusetts Attorney General's (MAG) response to Applicants' motion to strike MAG's comments on Applicants' response to the order of August 30,1989.1/ Applicants' motion for leave to file a reply should be denied.
The Applicants show no good cause to be allowed to reply to MAG's response to a motion to strike. 2/ In the reply, Applicants only set 1/
Applicants' Motion For Leave to File a Reply to Response of the Massachusetts Attorney General to the Applicants' Motion to Strike the Mass AG's September 1E Comments and Applicants' Motion to Submit Further Analysis of Monitoring Capacity Issues and Reply.
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A sustantial number of other pleadings have been filed referring to the August 30, 1989 Order, including App'ticants' Response to Appeal
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Board Order of August 30, 1989, September 7, 1989; Comments of Massachusetts Attorney General on Applicants' Response to Appeal Board Order of August 30, 1989; SAPL Response in Accordance With (FOOTNOTE CONTINUED ON NEXT PAGE) 3
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1 forth their interpretation of language in the Statement of Consideration
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upon the adoption of recent amendments to the Commission's Rules of Practice. 54 Fed. Reg. 33168, 33179 (August 11,1989).
No showing has been made as to why this Appeal Board is not fully capable of interpreting the Statement of Consideration without the subject redundant pleading.
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1 (FOOTNOTE CONTINUED FROM PREVIOUS PAGE Appeal Board Order of August 30, 1989; NRC Staff Comments on Applicants' Response to Appeal Board Order of August 30, 1989 and Comments of the Massachusetts Attorney General and SAPL, September 20, 1989; Applicants' Motion to Strike Comments of Massachusetts Attorney General on Applicants' Response to Appeal Board Order of August 30, 1989, September 20, 1989; Applicants' Memorandum in Support of Their Motion to Strike the Comments of Massachusetts Attorney General on Applicants' Response to Appeal Board Order of August 30, 1989, September 20, 1989; Applicants Motion to Strike SAPL Response in Accordance with Appeal Board Order of August 30, 1989, September 20, 1989; Applicants Memorandum in Support of Applicants' Motion to Strike SAPL Response in Accordance with Appeal Board Order of August 30, 1989, September 20, 1989; Response of the Massachusetts Attorney General to the Applicants' Motion to Strike the Mass AG's September 15 Comments and Applicants' Motion to Submit Further Analysis of Monitoring Capacity Issues, September 25, 1989; NRC Staff Response to Applicants' Motions to Strike the Comments of Massachusetts Attorney General on Applicants' Response to Appeal Board Order of August 30, 1989 and SAPL Response in Accordance with Appeal Board Order of August 30, 1989.
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y., e No cause is shown to burden this proceeding with yet another unnecessary pleading. I 'The motion to allow'this pleading should be denied..
Respectfully submitted, (4h b Lisa B. Clark Counsel for NRC Staff
_ Dated at Rockville, Maryland this 6th day of October, 1989 i
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Attempts to obtain permission to file replies to responses.to motions have become endemic before the' Licensing Board contrary to the intent
.of 10 C.F.R. 9 2.730(c) which provides'that such replies may not ordinarily be filed. See e.g.:
" Mass AG's Motion for Leave to File a Reply to the Applicants' and the Staffs' Responses to Interveners' August 28, 1989 Motion to Add Bases and Further Low-Power Testing Contentions," September 19, 1989; " Motion of the Massachusetts Attorney General for Leave to' File a Reply to Certain Applicants' l
Responses to His Proposed Findings," September 11, 1989; " Motion to Admit Reply to Applicants' and Staff's Responses to Intervenor's Motion to Admit Contentions of In the Alternative to Reopen the Record and Request for Hearing," September 1,1989. The plethora of pleadings including " Informational Suppliment[s]" to formerly filed motions caused the Atomic Safety and Licensing Board considering the Seabrook application to issue a " Memorandum and Order (Unauthorized Pleadings), September 26, 1989, providing that parties need not reply to pleadings that do not satisfy the Commission's requirements in form or in substance, unless invited to do so.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOAR In the Matter of
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Docket Nos. 50-44 POL PUBLIC SERVICE COMPANY OF
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50-444 OL '
NEW HAMPSHIRE, el a_1.
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Off-site Emergency Planning (Seabrook Station, Units 1 and 2 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF OPPOSITION TO APPLICANTS' MOTION FOR LEAVE TO FILE A REPLY TO RESPONSE OF THE MASSACHUSETTS ATTORNEY GENERAL TO THE APPLICANTS' MOTION TO STRIKE TO MAG'S SEPTEMBER 15 COMMENTS AND APPLICANTS' MOT:0N TO SUBMIT FURTHER ANALYSIS OF MONITORING CAPACITY ISSUES AND REPLY" 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 6th day of October 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 74075 One Ashburton Place,19th Floor Boston, MA 02108 Diane Curran, Esq.
Harmon, Curran & Tousley Geoffrey Huntington, Esq.
2001 S Street, NW Assistant Attorney General Suite 450 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 i
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. - _ - 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 Maplewood Avenue Durham, NH 03824 Portsmouth,'NH 03801 Hon. Gordon J. Humphrey E
. Sandra Gavutis, Chairman Unites States Senate
- Board of Selectmen 531 Hart Senate Office Building RFD #1, Box 1154 Washington, DC 20510 Kensington, NH 03827 Barbara J. Saint Andre, Esq.
William S. Lord Kopelman & Paige, P.C.
- Board of Selectmen 77 Franklin Street Town Hall - Friend Street Boston, MA 02110 R.' Scott Hill-Whilton, Esq.
Michael Santosuosso, Chairman Lagoulis, Clark, Hill-Whilton Board of Selectmen
& McGuire South Hampton, NH 03827 79 State Street
- Newburyport, MA 01950 Ashod N. Amirian, Esq.
Town Counsel for Merrimac Allen Lampert 145 South Main Street Civil Defense Director P.O. Box 38 Town of Brentwood Bradford, MA 01835 William Armstrong Richard R. Donovan Civil Defense Director Federal Regional Center Town'of Brentwood Federal Emergency Management Agency
- 20 Franklin 130 228th Street, S.W.
Exeter, NH '03833 Bothell, Washington-98201-9796 Gary W. Holmes, Esq.
Robert R. Pierce, Esq.*
Holmes & Ellis Atomic Safety and Licensing 47 Winnacunnet Road Board Panel Hampton, NH 03842 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 9
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' Thomas G. Dignan, Jr., Esq.** -
Ms. Suzanne Breiseth
' Robert K. Gad, III, Esq.
Board of Selectmen-Ropes & Gray Town of Hampton Falls One International Place-Drinkwater Road Boston, MA '02110 Hampton Falls, NH. 03844 J.P. Nadeau Atomic Safety and Licensing Board of Selectmen Board (1)*
10 Central Street U.S. Nuclear Regulatory Commission
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Rye, NH 03870 Washington, DC 20555 l
- Judith H. Mizner, Esq.
Atomic Safety and Licensing 79 State Street Appeal Panel (6)*
Newburyport, MA 01950 U.S. Nuclear Regulatory Commission
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Washington, DC 20555 j
Robert Carrigg Board of Selectmen Office of the Secretary (3)*
Town Office U.S. Nuclear Regulatory Commission Atlantic Avenue Washington, DC 20555 North Hampton, NH 03862 Attn: Docketing and Service Section (40 Lisa B. Clark Counsel for NRC Staff i
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