ML20151Y033

Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917

ML20151Y033
Person / Time
Site:	Seabrook
Issue date:	09/17/1998
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NORTH ATLANTIC ENERGY SERVICE CORP. (NAESCO), NRC OFFICE OF THE GENERAL COUNSEL (OGC), SEACOAST ANTI-POLLUTION LEAGUE
References
CON-#398-19524 CLI-98-18, LA, LBP-98-23, NUDOCS 9809180065
Download: ML20151Y033 (5)

Text

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UNITED STATES OF AMERICA USNRC' NUCLEAR REGULATORY COMMISSION l

- COMMISSIONERS: W SEP 17 A9 :46 Shirley Ann' Jackson, Chairman OFA  ;' W

• Nils J. Diaz- R& . - , .'. -!

Edward McGaffigan, Jr. ADJUD - A,TF l

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. In the Matter of ) SERVED SEP 17 Ma l

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' NORTH ATLANTIC ENERGY )

SERVICE CORPORATION ' ) Docket No. 50-443-LA j:

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(Seabrook Station Unit No.1) )

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CLl-98-18 [

ORDER .

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The Atomic Safety and Licensing Board recently ruled on two petitions to intervene in this proceeding on an application by North Atlantic Energy Service Corporation (NAESCO) to amend its operating license for the Seabrook Station, Unit 1 nuclear reactor. LBP-98-23,48 NRC (Sept. 4,- 1998). The Boarti granted intervention to the Seacoast Anti-Pollution -

League (SAPL) and denied intervention to the New England Coalition on Nuclear Pollution I

(NECNP). The Board's order also requested the parties to provide further information on -

SAPL's argument against " segmentation," M, that license applicants should not be permitted L

to effectuate a major operational change requiring several license amendments through i I

. separate amendments requests rather than through a single request. SAPL reasons that j I

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without reviewing the change as a whole, the NRC may be unable to accurately assess the l i

' actual safety implications of the overall change.. Ji, slip op. at 21. )

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. The ." segmentation" issue is novel and has broad implications for this and other j

' proceedings. It is the type of issue that we discussed in our Statement of Policy on Conduct of j

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2 Adjudicatory Proceedings that "could benefit from early Commission review." CLl-98-12,48 NRC CLl-98-12,48 NRC . slip op. at 8 (July 28,1998). Therefore, we exercise our inherent supervisory authority over the conduct of proceedings to take sua soonte review of the

" segmentation" issue. See Baltimore Gas & Electric (Calvert Cliffs Nuclear Power Plant, Units 1 and 2), CLl-98-15,48 NRC (Aug. 26,1998), slip op, at 4-5. Our decision to take review overtakes the Board's request in LBP-98-23 for the parties to provide it additional information on the segmentation issue. See LBP-98-23, slip op. at 22-24. We direct the Board to halt all proceedings before it pending further Commission order. Additionally, in the interest of expedition and economy of effort, rather than await any appeal of the Board's rulings granting and denying intervention pursuant to 10 C.F.R. @ 2.714a, the Commission also takes Eu.La sponte review of the Board's intervention rulings. In sum, the parties are free to file briefs supporting or opposing any aspect of the Board's ruling in LBP-98-23, and to address, as they deem necessary, any of the questions posed by the Board on pages 23-24 of its order.

In addition to any issue of concern to the parties, their briefs should address the following Board statements:

1. "Except perhaps for egregious pleading defects, it is not good policy to dismiss contentions merely for procedural reasons, especially where, as here, the challenged activities potentially could affect public health and safety." LBP-98-23,47 NRC . slip op. at 16.

2. " Federal agencies should not allow an applicant to present licensing actions separately if such separate actions are part of a common action which has grenter adverse consequences." LBP-98-23,47 NRC . slip op. at 21.

l To expedite our review, we have decided to order simultaneous rather than sequential briefs. All briefs filed before the Commission in accordance with this order shall be served in a manner to ensure receipt by midnight Eastern Time, on their due date. The Commission sets the following briefing schedule:

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1. All parties, including NECNP (if it desires), may file a brief no later than October 7,1998. The briefs shall not exceed 30 pages.

2. Each party, including NECNP, may file a single responsive brief addressing allissues in the other parties' briefs on which it wishes to be heard, no later than October 14, 1998. The responses may not exceed 20 pages.

After receiving these responses, the Commission.may schedule oral argument to discuss these issues if it deems such argument necessary.

IT IS SO ORDERED.

For the Commission Sp

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y 7 D 't / John C. Hoyle'

[.khfhl}4 g 8 Secr[etary of the Commission

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Dated at Rockville, Maryland, this /7f day of September,1998.

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e l 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 COMMISSION ORDER (CLI-98-18) I have been served upon the following persons by U.S. mail, first class, except l as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712. l Administrative Jddgb Office of Commission Appellate B. Paul cotter, Jr., Chairman l Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Charles k. 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 l

• • Steven R. Hom, Esq.

• Robert A. hckus, Esq. 1 Office of the General Counsel Backus, Meyar, Solomon, Rood & Branch Mail Stop 15 B18 P.O. Box 516 U.S. Nuclear Regulatory Comission Manchester, NH 03105 Washington, DC 20555

• Lillian M. Cuoco, Esq.

• David A. Repka, Esq.

Senior Nuclear Counsel Winston & Strawn Northeast Utilities Service Company 1400 L Street, N.W.

P.O. Box 270 Washington, DC 20005 Hartford, CT 06141

• Faxed

• • Hand Delivered

9 Docket No.(s)50-443-LA COMMISSION ORDER (CLI-98-18)

Dated at Rockville, Md. this 17 day of September 1998 Office of the Secretart of the C6mmission l

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Docket No.(s)50-443-LA ,

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- C0lWIISSION ORDER (CLI-98-18) l Dated at Rockville, Md. this 17 day of September 1998 .

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