ML20038B732

Answer Opposing Town of South Hampton 811112 Petition to Intervene.South Hampton Contention or Routing of Transmission Lines Not Issue in Proceeding.Issue Decided at CP Stage.Certificate of Svc Encl

ML20038B732
Person / Time
Site:	Seabrook
Issue date:	12/01/1981
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8112090056
Download: ML20038B732 (4)

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[-(E,!,ED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSf8h OEC -4 P4:23 before the ,

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ATOMIC SAFETY AND LICENSING BOARDRANCH

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In the Matter of )

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PUBLIC SERVICE COMPANY OF NEW ) Docket Nos. 50-443-OL HAMPSHIRE, et al. )

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3*-hS4-OL (Seabrook Station, Units 1 & 2) ') 8

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ANSWER OF THE APPLICANTS TO 3.  %% #3 THE PETITION TO INTERVENE OF THE -Q SS 9.i 9 -'

TOWN OF SOUTH HAMPTON f. ,

On November 12, 1981, the Town of South Hampton (South Hampton) sent, in letter form, a petition to intervene in the above-entitled matter to the Secretary. No copy was served upon counsel for the Applicants at that time. Counsel for South Hampton, however, promptly furnished counsel for the Applicants a copy of the petition upon telephonic request to do so, which copy was received by the Applicants' counsel on November 30, 1981.

The petition seeks intervention to pursue a single issue:

viz. the routing of certain of the transmission lines for Seabrook station.

Pursuant to 10 CFR $ 2.714(c), the Applicants hereby answer this petition and say, that, for the reasons set forth below, g63 the same should be denied. s

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8112090056 811201 PDR ADOCK 05000443 G PDR I

t The contention which South Hampton wishes to pursue is not open in this operating license proceeding. The routing of the Seabrook' transmission lines was thoroughly litigated and decided by the Licensing Board during the construction permit hearings, Public Service Co. of New Hampshire (Seabrook Station, Units 1 & 2),

LBP-76-26, 3 NRC 857, 885-90 (1976). The route decision was affirmed by the Appeal Board. Id., ALAB-422, 6 NRC 33, 82-90 (1977). Review was declined by the Commission. Id,. CLI-77-22, 6 NRC 451 (1977).

And the decision was affirmed by the United States Court of Appeals.

Zublic Service Company of New Hampshire v. NRC, 582 F.2d 77 (1st Cir.), cert. denied, 439 U.S. 1046 (1978). The issue of transmission line routes is no longer open at this operating license stage. 10 CFR 55 51.21, 51.23 By their attorneys, Thomas G. Dirnan. Jr.

Thomas G. Dignan, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100

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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the applicants herein, hereby certify that on December 1 , 1981, I made service of the within document by mailing copies thereof, postage prepaid, to:

Robert A. Backus Esquire Mr. Arnie Wight, Chairman 116 Lowell Stree ; House Science and Technology P.O. Box 516 Committee Manchester, NH 03105 House of Representatives Concord, NH 03301 Mr. Tomlin P. Kendrick Executive Director E. Tupper Kinder, Esquire Coastal Chamber of Commerce Assistant Attorney General of New Hampshire Office of the Attorney General 822 Lafayette Road 208 State House Annex P.O. Box 596 Concord, NH 03301 Hampton, NH 03842 Mr. Robert F. Preston Paul A. Fritzsche, Esquire 226 Winnacunnet Road General Counsel Hamp t on., NH 03842 Public Advocate State House Station lli Wilfred L. Sanders, Jr., Esquire Augusta, ME 04333 Sanders and McDermott Professional Association Philip Ahrens, Esquire 408 Lafayette Road Assistant Attorney General Hampton, NH 03842 Department of the Attorney General Roy P. Lessy, Jr., Esquire Augusta, ME 04333 Office of the Executive Legal Director Jo Ann Shotwell, Esquire U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D.C. 20555 Environmental Protection Divisicn Public Protection Bureau Atomic Safety and Licensing Department of the Attorney General Board Panel One Ashburton Place, 19th Floor U.S. Nuclear Regulatory Commission Boston, MA 02108 Washington, D.C. 20555 William S. Jordan, III, Esquire Atomic Safety and Licensing Appeal Harmon & Weiss Board Panel 1725 I Street, N.W. U.S. Nuclear Regulatory Commission Suite 506 Washington,-D.C. 20555 Washington, D.C. 20006 e

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i Donald L. Herzberg, M.D. Ms. Patti Jacobson George Margolis, M.D. 3. orange Street Hitchcock Hospital Newburyport, MA 01950 Hanover, NH 03755 Edward J. McDermott, E: quire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03642 Robert L. Chf.esa., Esquire Wadleigh, Starr, Peters, Dunn & Kohls 95 Market Street Manchester, NH 03101 Rep. Nicholas J. Costello Whitehall Road Amesbury, MA 01913 Cooperative Members for Responsible Investment Box 65 Plymouth, NH 03264 Thomas G. Dignan, Jr.

Thomas G. Dignan, Jr.

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