ML20154B615

Motion of Ma Atty General Jm Shannon for Leave to File Document Not Authorized by Commission Rules of Practice.* Requests Leave to File Encl Suppl to Petition Re Waiver or Exception from Util Exemption to Financial Qualification

ML20154B615
Person / Time
Site:	Seabrook
Issue date:	09/09/1988
From:	Dean G MASSACHUSETTS, COMMONWEALTH OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20154B618	List: ML20154B615 ML20154B636
References
CON-#388-7042 OL-1, NUDOCS 8809140064
Download: ML20154B615 (3)

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Septembegg,,;1988 m.c UNITED STATES O? AMERICA NUCLEAR REGULATORY COMMISSION

'26 EP 12 P2 :11 before the COMMISSION fuhrh n . . h r.

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL-1 NEW HAMPSHIRE, _E T __A _L . ) 50-444-OL-1

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(Seabrook Station, Unit 1 ) (Onsite Emergency Planning and 2) ) and Safety Issues)

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MOTION OF MASSACHUSETTS ATTORNEY GENERAL JAMES M. SHANNON FOR LEAVE TO FILE A DOCUMENT NOT AUTHORIZED BY THE COMMISSION'S RULES OF PRACTICE Massachusetts Attorney General James M. Shannon hereby moves the Nuclear Regulatory Commission ("Commission') for lehve to file a document not authorized by the Commission's rules of practice. Specifically, the Massachusetts Attorney General noves for leave to file the accompanying THIRD SUPPLEMENT TO AASSACHUSETTS ATTORNEY GENERAL JAMES M. SHANNON'S PETITION UNDER 10 C.F.R. 2.758 FOR A WAIVER OF OR AN EXCEPTION FROM THE PUBLIC UTILITY EXEMPTION FROM THE REQUIREMENT OF A DEMONSTRATION OF FINANCIAL QUALIFICATION . In support of this motion, the Massachusetts Attorney General states:

1. That on August 31, 1988, the lead owner and operator of the Seabrook Nuclear Power Station, Public Service Comptny of New l Hampshire (Public Service), filed with the Commission responses l

l to certain requests for additional financial information l

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f propounded by the Commission's Staff in a letter dated August 17, 1988. '

2. That included in the eighteen pages of text and the '

attachments filed by Public Service on August 31, 1988 are 1

representations bearing, both directly and ir.directly, on the matter before the Commission: whether in the particular r

circumstances of the Seabrook Nuclear Power Station low power i license proceeding the application of the Commission's public  ;

utility exenption to the requirement of a demonstration of 1

financial qualification prior to the issuance of any operating f license would serve the purposes for which rule war adopted. 10 i C.F.R. 2.758(b).

j 3. That on September 2, 1988 the U.S. Bankruptcy Court for

- the District of New Hampshire denied approval of Public Service's j 1

. intention to enter into transactions which would have the effect  !

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j of transferring management and operational contro) of the

) Seabrook Nuclear Power Station from the New Hampshire Yankee Division of Public Service to a separate corporate entity, C'W j Hampshire Yankee Electric Corporation, j

4. That the September 2, 1988 opinion of the U.S.

Bankruptcy Court for the District of New Hampshire bears directly l upon the question of whether the rate making process can assure that sufficient funds will be available to assure the safe low

power operation and permanent shut down of the Seabrook Nuclear f Power Station.

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5. That neither the Commission's rules of practice nor its July 14, 1988 order in this proceeding address the question of whether and how a party may bring new information to Commission's attention when the Commission is considering a petition for the  !

waiver of one of its regulations.

6. That the public interest in a fully informed decision by the Commission on the pending petition for the wavier of the public utility exemption from the requirement of a demonstration of financial qualification, considerations of fairness, and the interest in conserving administrative resources require that the j information referenced in paragraphs one through four above as well as the Massachusetts Attorney General's analysis thereof should be presented to the Commission prior to its decision on the pending petition.

WHEREFORE, the Massachusetts Attorney General moves that the 1

i Commission grant leave to file and consider the accompanying l l '

THIRD SUPPLEMENT TO MASSACHUSETTS ATTORNEY GENERAL JAMES M.

SHANNON'S PETITION UNDER 10 C.F.R. 2.758 FOR A WAIVER OF OR AN >

f EXCEPTION FROM THE PUBLIC UTILITY EXEMPTION FROM THE REQUIREMENT '

OF A DEMONSTRATION OF FINANCIAL QUALIFICATION .

l RESPECTFULLY SUBMITTED JAMES H. SHARNON l ATTORNEY GENERAL l s, N  % i -C 4 l

by Steven A. Janas George B. Dean l Assistant Atcorneys General  ;

One Ashburton Place [

Boston, Massachusetts 02108 i DATED: September 9, 1988 (617) 727-2200 l f

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