ML20205E304

Order (Directing Addl Briefing & Affidavits).* by 881109, Intervenors Shall File Affidavits in Detail Responding to Affidavits Attached to Applicant Response of 880928 & File Supporting Brief.Served on 881025

ML20205E304
Person / Time
Site:	Seabrook
Issue date:	10/25/1988
From:	Wolfe S Atomic Safety and Licensing Board Panel
To:	MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#488-7348 88-558-01-OLR, 88-558-1-OLR, OL-1, NUDOCS 8810270354
Download: ML20205E304 (2)

Text

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION y..

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ATOMIC SAFETY AND LICENSING BOARD l Before Administrative Judges:

Sheldon J. Wolfe, Chainnan t Emmeth A. Luebke Jerry Harbour

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p. m .,  ;

SERVED OCT 251988  !

Docket Nos. 50-443-OL-1  :

50-444-OL-1 In the Matter of  :

(On-Site Emergency Planning PUBLIC SERVICE COMPANY and Safety Issues) '

0F NEW HAMPSHIRE, ~et al.

I (ASLBP No. 88-558-01-OLR)

(Seabrook Station, Units 1 and 2)

October 25, 1988 ORDER  !

(Directing AdditionalTrlefing and Affidavits)  !

t The Board has reviewed Intervenors' motion to admit exercise t contention or, in the alternative, to reopen the record, dated l September 16, 1988, and reviewed Applicants' response of September 28 as i

well as the Staff's response of October 3. The Board has also reviewed f l the Intervenors' motion for leave to file reply submitted on October 7, and reviewed the Applicants' and Staff's responses thereto of October 12, 1988.

We find that additional briefing and affidavits are necessary with respect to that part of the notion seeking to reopen the record. We l will consider these briefs and affidavits to determine whether a significant safety issue has been raised and whether a materially different result would be or would he.ve been likely had the newly proffered evidence been considered initially. See, for example.

LBP-87-3, 25 NRC 71, 76-77 (1987), and ALAB-865, 25 NRC 430, 442-43 (1987).

8810270354 001025 3

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ce First, by November 9,1988, the Intervenors shall file affidavits specifically and in detail responding to the affidavits attached to Applicants' response of September 28 and shall file a supporting brief.

Further, in a separate section of their brief, as supported by attached affidavits, Intervenors shall specifically and in detail address pages 8 through 10 of the NRC Staff's Inspection Report No. 50-443/88-10 which was approved on 9/28/88 and served upon the parties on October 6,1988.

Second, by November 9 the Applicants shall file a brief, as supported by affidavits, which shall specifically and in detail show (as argued at page 3 of their response of October 12), wherein pages 8 through 10 of the Staff's Inspection Report "wholly confirm the position taken by the Applicants in their original response and the affidavits filed therewith cnd confirm the lack of any significant safety issue."

Third, by November 28, the NRC Staff shall file a brief, as supported by attached affidavits, which shall specifically and in detail (a) respond to the affidavits attached to Applicants' response of September 28, (b) shall specifically and in detail address pages 8 through 10 of Inspection Report No. 50-443/G8-10, and (c) respond to the Intervenors' and the Applicants' filings of November 9.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

$$N ~$

550 don J. Wollfe, Chairwan ADMINISTRAT13EJUDGE Dated at Bethesda, Maryland this 25th day of October,1988.