ML20249B136

Memorandum & Order (Initial Order).* Pursuant to 10CFR2.714(a)(3),Seacoast Has Right to Amend Intervention Petition Any Time Up to 15 Days Prior to Holding of First Prehearing Conference.W/Certificate of Svc.Served on 980619

ML20249B136
Person / Time
Site:	Seabrook
Issue date:	06/18/1998
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	NORTH ATLANTIC ENERGY SERVICE CORP. (NAESCO), NRC OFFICE OF THE GENERAL COUNSEL (OGC), SEACOAST ANTI-POLLUTION LEAGUE
References
CON-#298-19228 98-746-05-LA, 98-746-5-LA, LA, NUDOCS 9806220097
Download: ML20249B136 (6)

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i DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL JUN 18 P4

07 Before Administrative Judges: OFFIC: CF SFn RULB." :!L f w'y B. Paul Cotter, Jr., Chairman ADJUDIC4i! ~ + 5T4'FF Dr. Charles N. Kelber Linda W. Little SERVED (IUN 19199g in the Matter of Docket No. 50-443-LA NORTH ATLANTIC ENERGY ASLBP No. 98-746-05-LA SERVICE CORPORATION (Seabrook Station Unit No.1) June 18,1998 MEMORANDUM AND ORDER (Initial Order)

Petitioner Seacoast Anti-Pollution League (" Seacoast") seeks to intervene in the issuance of a license amendment to the captioned licensee ("NAES" or " Licensee"). The amendment would revise the Seabrook Technical Specifications goveming the frequency of steam generator inspections to accommodate a 24 month fuel cycle. The June 5,1998 petition was timely and filed in response to a published finding of "no significant hazards consideration' by the Nuclear Regulatory Commission Staff. See 63 Fed. Reg. 25101,25113 (1998).

Pursuant to 10 C.F.R. 9 2.718, the Board sets forth the following directives regarding the conduct of this proceeding:

1. Schedule for Additional Filings Regarding Petitioner's Hearing Request A. Pleadings

1. Seacoast's Amendment ofits Intervention Petition Pursuant to 10 C.F.R. $ 2.714 (a) (3), Seacoast has the right to amend its intervention petition any time up to 15 days prior to the holding of the first prehearing conference. Because DR ADO K 0 43 G PDR Og

l the Board does not intend to hold any prehearing conference before it has ruled upon the question of whether Seacoast has standing to intervene, Seacoast may amend its intervention petition to address any shortcomings, or other matters, in its initial petition by a pleading filed no later than July 13,1998. The Board will not entertain any proffered amendments to the initial Seacoast intervention petition after that date.

2. Seacoast's Supplement to its Intervention Petition Pursuant to 10 C.F.R. $ 2.714 (b) (1), Seacoast shall file a supplement to its intervention petition containing its proffered contentions by July 13,1998. If it wishes, Seacoast may file the supplement to its petition containing its proffered contentions as part of any filing amending its initial petition. In any event, Seacoast shall separately identify and number each of its proffered contentions in any filing. Moreover, Seacoast should take care to ensure that each of its proffered, separately numbered contentions complies fully with all the requirements of 10 C.F.R. S 2.714 (b) (2).

3. ~ NAES and NRC Staff Replies and Answers In the event Seacoast files an amendment to its intervention petition further addressing the standing of Seacoast or any of its members, the NAES and the NRC Staff may file a reply to the amended Seacoast petition by July 27,1998. The answers of the Licensee and the NRC Staff to any contentions filed by Seacoast in a supplement to its petition, or otherwise, shall be filed by August 10,1998.

B. Prehearing Conference After ruling upon the question of Seacoast's standing to intervene, the Licensing Board, if appropriate, will establish a date for a prehearing conference or teleconference to consider the admissibility of any contentions proffered by Seacoast.

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11. Administrative Matters A. Notice of Appearance i

if they have not already done so, within ten days of the date of this memorandum and order, each attorney or representative for each participant shall file a notice of appearance complying with the requirements of 10 C.F.R. $ 2.713 (b). In each notice of appearance, in addition to providing a business address and telephone number, if an attomey or representative has a facsimile number and/or an Intsrnet e-mail address, the attorney or representative should

- provide that information as well.

B. Service on the Board For each pleading or other submission filed with the Board or the Commission in this proceeding, in addition to submitting an original and two conforming copies to the Office of the Secretary as required by 10 C.F.R. 6 2.1203 (c) and serving a copy on every other participant I in accordance with sections 2.701 (b) and 2.1203 (e), a participant should serve conforming copies on the Licensing Board by one of the following methods:

1. Regular Mail To complete service via United States Postal Service first-class mail, a participant should send conforming copies to Judges Cotter and Kelber at:

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission

! Washington, D.C. 20555-0001

- and to Judge Little at:

5000 Hermitage Drive Raleigh, NC 27612 l

W___ __-,__---,x-_a-----. - -- -

For regular mail service, the Staff may use the NRC intemal mail system (Mail Stop T-3 F23) in lieu of first-class mail.

2. Ovemight or Hand Delivery To complete service via ovemight (e.g., express mail) or hand delivery, a participant l should send conforming copies to Judges Cotter and Kolber at:

' Atomic Safety and Licensing Board Panel Third Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 20852 l and to Judge Little at the address set out in paragraph II.B.1, above.

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' 3. Facsimile Transmission To complete service by facsimile transmission, a participant should: (1) send one copy by rapifax to the attention of Judges Cotter and Kelber at (301) 415-5599 (verification (301) 415-7393) and to Judge Little at (919) 783-9432; and (2) that same date, send conforming i

copies to the judges by regular mail at the addresses given in paragraph II.B.1 above.

'4. E-Mail -

To complete service by e-mail transmission, a participant should: (1) send the filing (which should include the certificate of service) as a file (preferably in Wordperfect 5.1,6.1 or 8.0 format) attached to an e-mail message directed to the Board (Intemet ids: bpci@ nrc. gov; cnk@nrc. gov; melittle@ prodigy.com; NRC Agency Upgrade of Technology for Office Systems

. (AUTOS) Wide Area Network (WAN) System ids: BPC1, CNK); (2) send any attachments or exhibits to a pleading that cannot be transmitted by e-mail to the Board by separate facsimile transmission or other means that will ensure receipt by the due date; and (3) send paper conforming copies that same date to the Board by regular mail at the addresses given in paragraph 11.B.1 above.

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5. Timely Service by Hand Delivery, Facsimile Transmission, or E-Mail To be timely, any pleading or other submission served on the Board by hand delivery, facsimile transmission, or e-mail must be received by the Board no later than 4:30 p.m. Eastem Time on the date due.

C. Motions for Extension of Time For any motion for extension of time filed with the Board in this proceeding, except upon a showing of good cause, the participant requesting the extension shall:

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1. Ascertain whether and when any other participant intends to oppose or otherwise respond to the motion and appnse the Board of that information in the motion; and i

2. Serve the motion on the Board so that it is in its hands at least three business days before the due date for the pleading or other submission for which an extension is sought.

D. Exhibits / Attachments to Filings L If a participant files a pleading or other submission with the Board that has additional documents appended to it as exhibits or attachments, a separate alpha or numeric designation

_i L for each appended document (e.g., Exhibit 1; Attachment A) should be given to each appended document, either on the first page of the appended document or on a cover or divider sheet in i front of the appended document.

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l. It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

9. Padi Cotter, Jr, Administrative Judge [ / ,

Rockville, Maryland June 18,1998.

_ . _ _ , . u _ __ __ _ _ _ _ . ________________________..___________m..___-__-__-_ ---.__- __

t-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTH ATLANTIC ENERGY SERVICE Docket No.(s) 50-443-LA CORPORATION (Seabrook Station, Unit No. 1)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (INITIAL ORDER) have'been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate B. Paul cotter, Jr., Chairman -l Adjudication Atomic Safety and Licensing Board Panel 4 U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555. U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Charles N. Kelber .

Administrative Judge

- Atomic Safety and Licensing Board Panel Linda W. Little Mail'Stop - T-3 F23 ASLBP U.S. Nuclear Regulatory Commission 5000 Hermitage Drive

. Washington, DC 20555 Raleigh, NC 27612 I

s Mitzi A. Young, Esq. Robert A. Backus, Esq.  !

Office of the General Counsel Backus, Meyer, Solomon, Rood & Branch  ;

Mail Stop 15 B18 P.O. Box 516 i U.S. Nuclear Regulatory Commission Manchester, NH 03105 Washington, DC 20555 Lillian M. Cuoco, Esq.

l Senior Nuclear Counsel ,

Northeast Utilities Service company P.O. Box 270-Hartford, CT 06141 Dated at'Rockville, Md..this 19 day of-June 1998 o w ~~/ - 9 otpt.<Cicm y

Office of the Secretary of the C#mmission ,

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