ML20151X155

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Forwards Joint Intervenor Motion for Directed Certification of Two Orders of ASLB in Proceeding.Intervenors Request That Board Grant Stay of Hearing Until Issue Raised by Motion Resolved
ML20151X155
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 04/22/1988
From: Weiss E
HAMPTON, NH, HARMON & WEISS, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE
To: Moore T, Rosenthal A, Wilber H
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20151X159 List:
References
CON-#288-6187 OL, NUDOCS 8805040067
Download: ML20151X155 (2)


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suite 4so '88 APR 28 A10'A0 WASHINOToN, D.C. eoooe ucs GALL McQRECVY HARMoN gg (; t { * [ t jg , TELEPHONE ELLvN R. weiss 00CKU6NG A SEhg ai sas.ssoo DIANE CURRAN g 4 g,y DE AN R. TOUSLEY ANDREA C. FER$7ER April 22, 1988 Alan S. Rosenthal, Chairman Howard A. Wilber Thomas S. Moore Atomic Safety and Licensing Appeal Board U. S. NRC Washington, DC 20555 Re: Docket No. 50-443/444-ol, Seabrook Off-Site Emercency Plannina

Dear Members of the Appeal Board,

Enclosed is a motion for directed certification of two orders of the-ASLB in the Seabrook proceeding. These orders cut-ting off discovery have a profound and pervasive effect on this proceeding. Hearings on the issues involved are scheduled to begin on May 2, 1988. Therefore, Intervenors also request that, should you determine directed certificat' ion to be warranted, the Appeal Board grant a stay of the hearings until the issues raised in this motion are resolved.

Please note that Intervenors have filed with the Licensing Board applications for subpoenas to question at the hearings the same FEMA officials covered by the Board's ruling, and several others. FEMA and NRC have been given until Thursday, April 28 to file written motions to quash and have indicated that they will do so, raising essentially the same grounds of relevance and privilege which the Board upheld in the rulings foreclosing dis-covery which are the subject of this directed certification motion. As Intervenors told the Board in a conference call of April 21, 1988, we believe it necessary to file subpoena applica-tions in order to protect our rights. Even in the event that subpoenas were to be granted, this would not moot the motion for directed certification, since the Intervenors assert a right to develop their case through timely-noticed discovery, 8805040067 000422 PDR ADOCK 05000443 G PDR: ~4 D) 3S

HARMON & WEISS There are currently two weeks of ASLB hearings scheduled, May 2-6_and May 16-20 and it is expected that, if necessary,.the subpoena applications will be argued sometime during the first. _

week.

Very Truly Yours, L J Ellyn R. Weiss Harmon & Weiss Counsel for NECNP 4

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