ML20147H898

New England Coalition on Nuclear Pollution (Necnp) Motion to Defer Briefing of Necnp Appeal of Renewal of Low Power Authorization.* Deferral Will Allow More Efficient Litigation & Avoid piece-meal Decision.W/Certificate of Svc

ML20147H898
Person / Time
Site:	Seabrook
Issue date:	03/03/1988
From:	Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20147H869	List: ML20147H864 ML20147H898
References
OL-1, NUDOCS 8803090105
Download: ML20147H898 (4)

Text

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-U$NRC March 3, 1988 UNITED STATES NUCLEAR REGULATORY COMMISSION M WR -7 P4 37 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARggggg .

00CKEilM; 4 SEpylcr'

) BRANCH In the Matter of )

)

Public Service Company of ) .

New Hampshire, et al. )- Docket No. 50-443OL-1ppfOUl

)

(Seabrook Station, Units 1 & 2) ) ONSITE EMERGENCY

) PLANNING & TECHNICAL

) ISSUES

)

NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION TO DEFER BRIEFING OF NECNP'S APPEAL OF RENEWAL OF LOW POWER AUTHORIZATION On February 17, 1988, the Atomic Safety and Licensing Board

("Wolfe Board") issued a Memorandum and Order renewing low power authorization for the Seabrook plant on the grounds that the safety issues raised by NECNP's two, remanded contentions "Were not relevant to low power operations."1 In its order, the Licensing Board did not give effect to its order, stating:

r However, we cannot give effect to our renewed authorization in light of ALAB-883, 27 NRC __ (February 3, 1988) and the Appeal Board's Memorandum of February 10, 1988 (unpublished), and thus we do not authorize the Director of NRR, upon making the findings required by 10 C.F.R. 5 50.57(a), to issue the low power license.

ALAB-883 re-opened the record and remanded the contentions of intervenor Attorney General of Massachusetts concerning 1 MEMORANDUM AND ORDER (Renewal of Low Power Authorization; Denying NECNP's Motion for Leave to File A Reply), ASLBP No. 88-558-01-OLR, dated February 17, 1988, at 18.

8803090105 880303 l PDR ADOCK 05000443 I G PDR

Applicants' compliance with the Commission's onsite emerger.cy planning regulations, and directed.that low-power authorization-for Seabrook "not become effective pending the outcome of the remand."2 This command was reiterated by the Appeal Board in its February 10, 1988 memorandum, which specifically addressed renewal of low power authorization in the context of NECNP's two, remanded Contentions, NECNP Contentions I.V., and IV.3 In addition, on January 8, 1988, the Appeal Board issued a Memorandum and Order remanding NECNP Contention I.V.B, regarding the RG58 coaxial cable, to determine whether it is necessary to re-open the record with respect to that Contention as well.

Should the Licensing Board do so, the Licensing hoard's partial initial decision on low power authorization for Seabrook might again be invalidated.

On March 3, 1988, the New England Coalition On Nuclear Pol-lution (NECNP) gave timely notice of its appeal of this Memorandum and Order, under 10 C.F.R. 5 2.762.4 Under 10 C.F.R. 5 762(b), Appellant's brief in support of its appeal is due 2 ALAB-883, 27 NRC at __ (slip opinion at 24).

3 Appeal Board's Memorandum of February 10, 1988 (unpublished),

slip opinion at 7-8 ("To be sure, if (the Licensing Board) decides that the safety issues remanded in ALAB-875 are not rlevant to low-power oepration, the Board will not be able to give effect to that conclusion unless and until the ALAB-883 remand on emergency planning issues culminates in a result favor-able to the applicants.")

4 NECNP's Notice of Appeal, dated March 3, 1988, filed simulta-neously with the instant motion.

within 30 days.

NECNP hereby requests that this Appeal Board issue an appropriate order deferring the briofing of NECNP's Appeal of the renewal of low power authorization pending the outcome the Board's remand on Massachusetts' Attorney General's emergency notification siren contentions, as well as the decision of the ,

Licensing Board on re-opening the record with respect to NECNP Contention I.B.2. Such a deferral will allow for more efficient

' litigation and avoid piece-meal decisionmaking of this important licensing decision.

Respectfully submitted, -

(y k k, / --Q,/

Andrea Ferster HARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009 (202) 328-3500 CERTIFICATE OF SERVICE I certify that on March 3, 1988, copies of the foregoing

• pleading were served by first-class mail on all parties listed on the attached service list. -- <-

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Andrea Ferster l

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SEABROOK SERVICE LIST - ONSITE APPEAL BOARD Sheldon J. Wolfe, Chairman J.P. Nadeau Amesbury,MA 01913 t ."h 9 - -- ~' --i Town of R)r Greg Bery U.S. NRC 155 Washington Road Office of General Counsel Alan S. Rosenthal, Chairman Washington, D.C. 20555 Rye,NewHampshire 03870 U.S. NRC N Wuhington, D.C. 20555 U.S. NRC Dr. Jerry Harbour Richard E. Sullivan, Ma>cr Washington, D.C 20555 GHicedOEEiiiR;5Histt City Hall Mr. Angie Machiros, U.S. NRC Newburyport,MA 01950 Chairman Howard A. Wilber Washington, D.C 20555 Town of Newbury otB:lEsPEEE5iEE'3msei Alfred V. Sargent, Chairman Town Hall,25 High Road U.S. NRC Dr. Emmeth A. Luebke Board of Selectmen Newbury,MA 01951 Washington, D.C 20555 5500 Friendship Boulevard Town of Salisbury, MA 01950 Apartment 1923N George Dana Bisbee, Esq.

Chevy Chase, MD 20815 Senator Gordon J. Humphrey Geoffrey M. Huntington, Esq.

U.S. Senate Office of the Attorney General Atomic Safety & Licensing Washington, D.C. 20510 . State House Annex e Board Panel (Attn. Tom Burack) Concord,NH 03301 M M U.S. NRC A5 Washington, D.C. 20535 Selectmen of Northampton Allen Lampert y'g w l y Northampton, New Hamp- Civil Defense Director W,

Q Atomic Safety & Licensing Appeal Board Panel shire 03826 Town of Brentowood Exeter,NH 03833

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$ n U.S. NRC Senator Gordon J. Humphrey 5 f.' s Washington, D.C 20555 1 Eagle Square. Ste 507 Richard A. Hampe, Esq. M y Concord,NH 03301 Hampe and McNicholas Ch Docketing and Senice 35 Pleasant Street U.S. NRC Michael Santosuosso, Concord,NH 03301 Washington, D.C. 20555 Chairman Board of Selectmen Gary W. Holmes, Esq.

Mrs. Anne E. Goodman Jewell Street, RFD #2 Holmes & Ellis Board of Sc!cctmen South Hampton, NH 03S42 47 Winnacunnent Road 1315 New Market Road Hampton, NH 03842 Durham,NH 03842 Judith H. Mizner, Esq.

Sihrrglate, Gertner, et al. William Armstrong William S. l.ord, Selectman 88 Broad Street Civil Defense Director Town Hall- Friend Street Boston,MA 02110 10 Front Street Amesbury,MA 01913 Exeter, NH 03833 Rep. Roberta C Pevear Jane Doughty Drinkwater Road Calvin A. Canney SAPL Hampton Falls, NH 03844 City Manager, City Hall 5 Market Street 126 Daniel Street Portsmouth,NH 03801 Phillip Ahrens, Esq. Portsmouth,NH 03801 Assistant Attorney General Carol S. Sneider, Esquire State House, Station #6 Matthew T, Brock, Esq.

Assistant Attorney General Augusta,ME N333 Shaines & McEachern 1 Ashburton Place,19th Floor P.O. Box 360 Boston,MA 02108 Thomas G. Dignan, Esq. Maplewood Avenue R.K. Gad II, Esq. Portsmouth,NH 03S01 Stanley W. Knowies Ropes & Gray Board of Selectmen 225 Franklin Street Sandra Gavutis P.O. Box 710 Boston, MA 02110 RFD 1, Box 1154 North Hampton, NH 03826 East Kensington, NH 03S27 Robert A. Backus, Esq.

Backus, Meyer & Solomon Charles P. Graham. Esq.

i 111 Lowell Street McKay, Murphy and Graham l Manchester,NH 03105 100 Main Street l

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