ML20206M886
| ML20206M886 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/22/1988 |
| From: | Strauss P MASSACHUSETTS, COMMONWEALTH OF, MHB TECHNICAL ASSOCIATES |
| To: | |
| Shared Package | |
| ML20206M842 | List: |
| References | |
| OL-1, NUDOCS 8812020051 | |
| Download: ML20206M886 (22) | |
Text
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EXHIBIT A ,
AFFIDAVIT OF PETER M. STRAUSS
- 1. My name is Peter M. Strauss. I am an Associate of MHB Technical -
Associates (MHB), a technical consulting firm specializing in nuclear power plant safety, >
licensing, and regulatory matters, located at 1723 Hamilton Avenue, Suite K, San Jose, ;
California 95125. My qualifications were previously provided in my Affidavit of November 1,1988. ;
Petersen, Peter B. Ericksen, and Lawrence I. Kopp before the Nuclear Regulatory Commission (NRC) in Docket Nos. 50-443 OL-01 and 50-444 OL 1. I have reviewed the
- above Affidavit and there are assertions with which I disagree.
, 3. The above cited Affidavit by NRC Staff addresses the financial capability of -
l Applicants to decommission Seabrook station should the operator receive a low power license but fail to receive a full power license, ne Staff asserts that the plan submitted by !
j the Applicants is adequate and demonstrates reasonable assurance that funds will be l available to cover all costs of decommissioning. The Staff makes the following key '
assumption in reaching its conclusions:
That foreign reprocessing of the spent fuel, as orocosed in the olan. does not have to be addressed beccuse it is more conservative than the likely option of 1 selling the fuel to another utility with a nuclear station of the same' design. !
- 4. As stated in my Affidavit of 1 November 1988, It:m: 6 and 7, the I foreign reprocessing option is unrealistic and would require substantial environmental !
resiew. .
- 5. He assertion that a more likely, feasible option is availabl- for ;
removing the irradiated fuel from the site (i.e., selling the fuel to another utility) is presented by Staff without documentation. l
- 6. His issue is important because the Applicants' Plan assumes that full decontamination of the site will occur within 52 months. If Applicants cannot remove the fuel from the site in a reasonable amount of time, they will not be able to implement the [
DECON option, as it is defined and as they propose. Instead, the site would probably i
ADO 3 1 p
require long-term care. It is difficult to speculate on how an obligation for long term care would affect various parties in the bankruptcy proceedings initiated by Public Service of New Hampshire and by other co applicants, particularly those who have defaulted on their <
obligations. However,it may have a significant effect on Applicants' ability to proside long term financial assurance, which the Staff has failed to consider.
- 7. If the spent fuel were going to be sold to another utility with compatible reactor, a number of factors would have to be taken into account in ors.r to establish its value. It is possible that the fuel could have significant negative e.aue.
De first issue that would have to be considered is who would pay the costs of disposing of the spent fuel, and how much of a liability Applicants would have. It is unclear whether DOE is under an obligation to dispose of Seabrook's fuel, should it become irradiated, but not produce electricity for commercial purposes. Thus,if the fuel becomes irradiated, it could take on a substantial negative value. We have estimated that if Applicants were going to ask DOE to dispose of the spent fuel, they would have to pay $13 million plus shipping and handling costs, nis is based on approximately S150,000 per ton times 90 tons of fuel. The cost is taken from a schedule for spent fuel that was discharged i prior to April 7,1983. It does not appear that DOE's current cost schedule, which is based on kilowatt hours generated would apply. (It is not clear to what extent DOE is obligated to take the spent fuel should the plant produce a small quantity of electricity during low power testing which is used for commere'al purposes.) Assuming thr.t the fuel was to be offered for sale, the prospective purchasers would take this liability into consideration. In any esent , DOE would not take the spent fuel before a repository was available.
- 8. Although the fuel mr.y hase some beneficial value to another utility, that value may oc offset by potential desatir.g of the recipient plant, or a shorter refueling cycle.
His is because initial fuel cores are not as enriched as subsequent cores. Therefore, the refueling dans may have to be advanced, requiring additional storage space and outage time for the purchasing utility. Additionally, the plant may not be capable of generating at Design Electrical Rating, thus leading to a derating.
- 9. To the best of my knowledge, there has never been a sale and transfer of partially irradiated fuelin the U.S. In the one case that I am aware of where a utility (Consumer's Power) offered to sell a nonirradiated first core to another utility, it was 2
4 unsuccessful. (Eventually, the first core was bought by COGEMA, and the fuel rods were taken apart and ground up for recycling.)
- 10. On 3 September 1987, R. Harrison, then President of PSNH, sent a letter to NRC regarding the value of the fuel. Page 2 of the Attachment to that letter states that it would be 2 3 years before the fuel could be removed, and that in order to determine the value of the fuel, Applicants would have to conduct a market analysis and a study of special costs for shipping and handling. While he concludes that the costs of shipping the fuel r would offset salvage value, he acknowledges that Applicants have not performed a rigorous analysis. To the best of my knowledge, Applicants have still not conducted a rigorous analysis.
- 11. For the reasons stated above, it is my opinion that the option relied upon by f Staff to support its conclusion is unreasonably optimistic. To reach such a conclusion would require specific market studies and commitments from other utilities before it can be determined whether it is a "feasible" option.
l FETER M. STRAUSS Subscribed and sworn to before I
~
me thisday M_ofofVocsica.1988.
ShM!D. %
NOT4RY PUBLIC ,
My commission expires: 4 30-99 f t
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- E OFFICIAL SEAL HARVEY H DIESNER NOTW MC
- CaltrMNIA SANTA CUAA Ce a ff
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[ 6 K@lC O U Critics of Seabrook said NRC sitould mM evea con.
sider letu!g Seabrook run at SD power with no prospect of winning a (;ll power license-en argument made to no avail several years ago by opponenu of Long Island Lighung Co.'s Shoreham. "It makes no sense to let a plant nin and get contaminated unless there's a reasonable certainty that full power operadon will fol low," said Roben Pollard, a former NRC staffst now with the Union bEABROOK IDEA TO REPROCESS FUEL AT LA HAGUE BLASTED or concemed Scienusu, Diane Curtsn, counul for Seacrook intervenor New England Coalidon on Nuclear Seabrook's owner says it could reprocess irradiated fuelin France if the unit is allo *cd to operate at low Polludon, said,"NHY wanu psychological sausfaction out of this They want to be able to say,'Well, we've star.
power but barred from commercial operation. The strategy wu one opdon given in a aling with NRC outlining the ted the plant and we're on the road to commercial opera.
uon' even if there's no prospect of that."
Seabrook owner's 6nancial ability to support operaung Musachusetu Attomey General James Shartnon is cosu.
The idea w as immWiately termed poliucally foolish also expected to contest NHY's proposal. Last spnng, he Sled a bnef with NRC stadng that low power tsaung of and unworkable by Seabrook opponenu and one NRC Seabrook would cost its owners an additional $3.7 million staffer.
In an October 21 submission to NRC, New Hampshire and requits $2.m'llion in new irtsurance premiums. Run.
Yankee (NHY), the division of Public Service Co. of New ni9g the plant at low. power would also decrsase iu sal.
vage value by up to $100 million, he said, Hampshire that operates Seabrook, said that reprocessing bHY has said a tout! dismartding of Seabrook after irradiated fuel from the 1,150.MW PWR at Cogema's La low. power tesung could cost up to $390 million. Under Hague comples is one opuen if the plant is tested at up to NRC's new decommissioning rule, PWR owfiers must set 5% power but then does not receive a full.powei operat.
aside at le:Jt $105.million for decommissioning. A recent ing license. NHY prepared a senes of opuons in response to the NRC commissioners' Septemt.cr 22 order for 6 nan. repcrt by the Government Accounung Of6cs, however, cial data on Seabrook operauens and decommissioning. said NRC's esumates are too low.
--Marc Sperber, New York Under the terms of the order, Seatrcok's 11 owners must demonstrate "reasonable assurance" that they have the resources to decommission the plant after low power test.
ing (Inside NRC,26 Sept.,1).
Retirlog Seabroont after low power testing, a path of sedon bHY calls "an esitemely hypotheocal situauen "
coald cost $21.1.mil lion, cccording to the dc<ument.
About one.6fth of me amount would t< allosated to removal and shipment of reactor vessel intemals. Moving the irradiated fuel to the La Hague facility, located on the Nomisndy coast,could be donc in 32 s'iipments by sea.
i The reprowned fuel could then be so'd to a U.S. er foreign 'aulity, said an bHY srckesman. He noteJ that tha progosal--<he orst ever by a U.S. uulity ta send fuel ateend for reprocessing-would give NHY dexibility in martcung the fuel. He added "We'd like to sell the fuel u is to a U.S. platit with the saw technology se ours, but mat's not something we can count on, so we made a con.
servauve assumpuon that reprocessing gives us the most tautude."The cosu of reprocessing and obtaining an ca.
port license from the govertiment have not been cal.
culated, he said.
An NRC staff menber who has reviewed the proposal ctlled it "nonsense" and said it would run afoul of politi.
cal and regulatory cono kranons. "I'm putaled why NHY '
even stuck it in there," he said. "I think they waM a quick wey to wuh their hands of the fuel and get it out of Lne country." He added, "It will never happen. There's no way poliucally or regulatory.*isc they can do it. The (reprocessing) waste would have to come back to the U.S., and mere are so many proelems it toggles me mind."
J
%CCl.EONICS w EFX uemen s.196a
E X HIBIT C
- MEMORAMDUM OF UNDERATANDING THIS MEMCRANDUM CF UNDERSTANDING ("Memorandum" into this 4th day of November, 1988 to memorialize an agree =ent '
between the Massachusetts Municipal Wholesale Electric cc=pany j
("MMWZca) and Public Service company of New Ha:pshire ("Public Service").
This Memorandum is based on the folioving:
A.
Public Service and MMWEC each own interests in the Seabrcok Nuclear Generating station ("seabrook") and as such art parties to the Agressest of Joint ovnership, cunstruction and '
operation og New Haspsaire Nuclear Units, dated May 1, 1973, as amanded, a=eng the Joint 06?.ars of seabrook (the "Joint cvners Agree:ent"), which agreement governs the relations among the Joint ownsra of seabrook and providas for, amerig ether things. funding of the costs and expanses of Seabrook.
3.
On June 1, 1948, KMWEC announced its intention to drav down certain profunded payments for seabrook held by Yankee Atomic Electric company ("Yankee") pursuant to the Agreement For seabrook Project Disbursing Agent (the "Disbursing Agent Agreement") and since June 1.
1944 has not made any payments under the Disbursing Agent Agreement.
Since about July 24, 1988, MNWEc has not made any payments under the Joint ownerc Agreement. Connecticut Light
& Pos . nas furnished funds to the seabrook project in lieu of payments due from KNWEC commencing as of July 24, 1938 and has
s announced its intention to continue to do se through November 30, 1988.
c.
Public service gave notice to MMWIc on June 10, 1984, asserting, under secticn 25. , of the Joint ovners Agreement, that MMWIC defaulted under the Joint ownership Agree =ent by reason of i l
MMWIC's drav down of profunded costs and its failure to r.ake additional payments. MMW" !
denies that it is in default under the Joint Owners Agreement for any reason.
D.
MMWIC asserts clai=s against Public service, among others, alleging actionable conduct on the part of Public service and others in connection with MMWIC's acquisition of a portion of its evnership share in Seabrook and in connection with the management and construction of the seabrook project. Public ser/ ice denies any liability on any such claims, and neither
,Nblic Service nor XMWZC is aware of any entity that has con 6ded !
liability on any of the claims that MMWEC asserts.
j E.
MMWEC and Public Service are parties to an agreement providing, among other things, for an option in MMWIC to sell to l i Public service certain electric power from sentrook, over a ten-year geriod if and when seabrook commences commercial operation (the "Suy-back Agreemant") . MMWIC has given notice to Public Service under the Buy-back Agreerent that it intends to exercise !
the option to soil at loest through october 1993.
j T,
Public service is the debtor and dabter in possession in case no. 47-00043 under chapter 11 of the sankruptcy Code, pending !
in the '.*nited statee Bankruptcy court for the District of New ;
Ha:pshire (the "Bankruptcy court"),
l l
Based en the foregoing, MMWIC and Public Service agree to enter into one or more agree ents that will provide, among other things, as follevat
- 1. a.
Public Service shall advance to the Seabrook project all of the funds necessary to pay MMWIc's share of project ecsts and expenses (such pay = ente are not advanced under paragraph 33.1 of the Joint evners Agreement), MMWXc's share of property taxes on seabrook, and MMWTC's share of payuants due under the t related Transmission support Agreement dated May 1, 1973, as :
amended (thw "Transmission support Agreement") .
Public service's obligation to advance funds under this paragraph shall commence, as to the project costs and expenses, at such time as the payments of Connecticut Light & Power in lieu of MMWXc's payments cease, l
and as to property taxes and paymenta under the Transmission Support Agreement, for payments becoming due en or after cctcher 1, 1988.
Public Servica's obligation to advance funds under this paragraph shall cease on NEP00L Dispatch of Saabrook Unit No.1 or i upcn cancellation, whichever occurs first. Public service's obligation under this paragraph to advance funds for project costs l
4 and expenses, for property taxes, and for paysants under the Transa salon support Agreement shall be limited to $30 million in i
the aggregate.
MMWTC shall not be obligated at any tias to repay
{
Public Service for any advances made under this paragraph 1.a. '
b.
Notwithstanding any other provision of this Mezerandum, i MMWIc . hall remain liable for its share of seabrook project costs ;
and expenses, for payments under the Transmission support Agreement, and for property taxes, to tha extent of, and only to I
4 the extent of, the billing dispatch savings of any electric power actually taken by MMwtc frem seabrook Unit No.1 before FIPoot oispatch.
To the extent and only to the extent that MKwtc does not actually take eleccric ppver from seabrook Unit No. 1 before VIPCOL Dispatch, Public Service shall be entitled to receive that electric pover, and to that same extent, MMWrc shall not be liable as otherwise provided in this paragraph 1.b.
- c. "NRPOOL Dispatch" has the same meening as a com=ercial operation" does under the Buy-back Agreement. "cancellationd
=eans the time at which a decision, if any, by the Joint Cvners under the Joint owners Agreement to cancel, abandon, or cease activities leading to the full power operation of seabroek Ur.it NO.
- as a nuclear unit is put into effect.
J.
Fublic 3ervice shall affirm and extend the existing transaission agreement between MMwtc and PV.blic service known as the Point Lepreau transmission agreement, through October 31, !
1995, en the existing terms and conditions, effective on the Effective Data. If, despite the good faith and diligent efforts of Public Service and MMwtc, the af firmation and extension of the Point Lepreau transmission agreement on the existing terms and conditions cannot be effected at all or cannot be effected without collateral adverse affect en Public Service, then Public Service and MMwtc shall no;otiate in good faith so that MMwtc receives comparable value (in cash, to any extent that NKWIC's cash pay 2. : "5
. to Public service related to such transmission agreement are affected) in lieu of the value that auch extension and 4
affirsation would othertise provide, in exchange for the consideration exchanged under this Memorandum.
3.
Public Service shall pay $1.5 million in cash to MMWE0 on the Effective Date.
4.
On the Effective Cato, Public larvice shall rescind all notices of MMWEC def a' tit under paragraya 25.J of the Joint Cwners Agree:ent, and Public Service and MMWEc shall use their best efforts to have all other notices of default under paragraph 25.2 or any cther paragraph by any other joint owner rescinded.
5.
If seabroek Unit No. 1 obtains NEPOCL D#.1 patch, then cornoncing en the last day of the month in which seabrook Unit No.
1 obtains NEPc0L Dispatch and continuing each month thereafter for 95 nore sonths, Public Service shall pay MMWEC $166,646.67 in cauh vn ths laa'c day of aach conth, for a total payment of $1,000,000 '
per year or 116,000,000 over the eight-year period falleving NEPOCL Dispatch, i
6.
If Cancellation occurs before NEPOCL Dispatch, then I MMWIO shall ha liable to pay all of its share under the Joint Ovners Agreement of the n-----issioning costs (as defined in ,
paragraph 13A.3 of the Joint owners Agreement) and the costs et i cancellation (an defined in paragraph 23.3(f) of the Joint ovners i Agreement (' Cancellation costr.") of seabrooX Unit No. 1 and common incurred after cancellation (including property taxes and payments
{
under the Transmission Support Agreement) in an aggregate amount not exceeding $10 million, and Public service shall pay all of the balance of MMWEC's share of such Decommissioning costs and cancellatten costs, including property taxes and pay =ents under i
e the Transmission Support Agree =ent.
If cancellation occurs after NEPooL Dispatch, then XMWIC and Public Service shall each to liable for and shall each pay their evn shares of the Decen=1ssioning costs and cancellation costs, as provided in the Joint OVners Agreement.
7 The Buy-back Agrearent and all notices given under the Buy-back Agreement shall be terminated on the Effective Date.
8.
Upen the Ef fective Dete, MMw!C and Public Service shall covenant not to sue one another as to any and all clains (whether arising pre- or poet-petition) that they nave against each other on account of seabrook arising up to the Effective Date. MMwtc
- covenants no to file a proof af clain in Public service's chapte-11 case en account of seabrock, except as provided in l'engraph 12 et this Me=orandum.
These and other covenants contained in er conta= plated by this Manorandum (including the covenants centemplated under paragraph 9 of this Memorandua) shall not be construed and are not intended as waiving or releasing any clains i
against any other antities or the officers, directors, employees, agents, parants, subsidiaries, or affiliates of any other entities.
MMWIC reserves the right to file a proof of claim in the Public service chapter 11 case relating to any retroactive
[
adjustzsnt where Public service ovos MMw3c any money not account of or related to the claims intended to be released under this Maserandum.
- 5. ;
The obligations of the parties under this Mezerandum shall be subject to the satisfaction t* sach of the following conditions on or before November 16, '984 6
e a.
the approval of the agreements contemplated by this Memorandus by the boards of directors of MMW3C and of Public Services b.
the amendment of the Disbursing Agent Agreement to provide expressly thett (1) MMwtc shall have no liability for payment er repayzant to Yankee under the Diebursing Agent Agreement of any amounts applied by Yankee frca funds held under that Agreement on MMw1C's account since June 1, 1988 (including repaysant or rafttading any of the profunded amounts drawn down by MMWTC from June 1, 1988 through July 23, 1988);
(2) MMWIC shall have no liability for any interest or penalties owing with respect to such application or with respect to the nonpayment by MMWEC of funds under the Disbursing Agent Agreement, ind, if and wh rn assessed, any further
=enstary liability of any nature with respecc.
thereto, to the extent contesplated by paragraph 1 of this Memorandual and (3) Public service shall not has- ,
liability under the Disbursing Agent Agreasent e n account of the obligations undertaken under paragraphs 1 and 6 of this Memorandum except to the extent provided under paragraphs 1 and 6 of this Agressent:
I
c.
the amendment of the Joint Ovners Agreement and the '
Transmission support Agreement to provide expressly upon the Effective cases
- (1) that whether or not Public service pays the amounts contemplated under paragraphs 1 and 6 of this Memorandum, (a) MMWEC's liability shall be limited as contemplated under paragraphs 1 and 6 of this P
Memorandum, (b) MMWEC shall not be in default undar the 4
Joint Cvners Agreement and MMWEC's ownership share of the soebrook pro $act shall not de diminished under the Joint owners Agreement on account of the nenpayment by MXWIC of the costs and expenses (includin; p-armety i taxes and payudnts under the Trataelasion Support Ag:esaunt) covered by paragraphs 1 and 6 of this i
Agreement (as to which KNWIC is not to be liable for payaant), and (c) MKRIc shall not be liable for payment of any such costs and expenses before NEPooL 31spatch or ,
! t
! Cancellation (even if the full $30 million of psymants i
provided for in paragraph.1 of thia Memorandum are i exhausted), whieb2Ver occurs first (except to tha a v* an t. . . . .
of the value of electrio power actually taken, as L
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{ provided in paragraph 1.b of this Mesarandua) :
i L 4
1 (2) that Public service, upon the funding and payment of the full $30 million provided under paragraph l
i
^
1 of this Memorandum, shall not be liable for any '
t
! further payments on account of MMWEC's share of project
' costs and expenses, property taxes, or Transmise; ion e
1 i
support Agreement payments (except as to the paysents upon cancellation contemplated under paragraph 4 of this Memorandua), shall not be in default for failure to make ,
any such further payments, and shall not be subject under the Joint Cvners Agreement to diminution of its ,
evnership share in Seabrook on account of fatlure to make any such further payments; and (3) that MMWIC and Public Servica shall remain liable and obligated under the Joint Owners Agreement, except to the extent of this Manorandum, and specifically that MMw3C shall recain liable for the costs and expenses after cancellation to the extent '
provided under paragraph 4 of this Memorandum and for the costs and expenses of the project (including property taxes and Transmission support Agreement paysents) after HEPooL Dispatch to the extent of its ownership share as provided under the Joint Ot.;rs :
Agreament and that Public Service shall remain liable for the costs and expenser associated with its ownership shara of seabrook as provided under the Joint owners Agreements d.
a cdvenant not to sus as to any and all past or future clains on account of or related to seabrock, except claims arising after the !!fective Data from nonpayment of costs or expenses contemplated under this Kenorandum to be paid, among Yankee and all pTesent and former owners of seabrook (including Public Service and including KMWEC as to l
. )
1 claims for the payment of project costs and expenses, !
property taxes on Seabrook, or payments due under the '
Transmission Support Agreement until NEP00L Dispatch, as well as to all other clains)r upon terms reasonably acceptable to Public Service, which may include a requirement that the covenant not to sue provide protection for Public Service (to ,
the extent not otherwise protected) against clal=s by an l entity that is not a preaant or former joint owner, en account of or arising from the assertion by a present or former jcint evner of a clain against that entityt
- e. the agreement by connecticut Light & Povert l i
(1) on the Effective Date, to covenant not to sue i
as to any and all claims against MNWIC on account of payments by Connecticut Light & Power during 1984 for KNWIC's shart of Sethrock costs and expenses t and
! (2) ne'; to pursue any suet claiam before the i
i Effective Date, or for 30 days after the earlier of (a) the termination of this Mamorandum under paragraph 11 of this Memorandum or (b) the date of the disapproval of this Manorandus by a final order of the Bankruptcy court as to which the time for appeal or petition for certiorari has expired or as to which all appeals have i
been resolved and the time for any further appeal or i
petition for certiorari has expired (a "Final order") if this Hazorandum is so terminated or such a Final crder I of disapproval is entered
=
l
. l t
i l
f.
the obtaining by Public 8ervice of finar.cing on I terms and conditions reasonably acceptable to Public Service 1 to fund the payments contemplated by paragraph 1 of thia Memorandum ,
g.
the execution of the agreements contemplated by this Memorandum, including the definitive agreements between MMWIC and Public service and the agreements among entities that are not party to this Memorandum (such as the covenants contemplated under this paragraph 9); and
- h. the joint owners of seabrook, as set forth in the stipulation And Agreement For Extension of Time To rile claims And other Related Matters dated october 19, 1988, i
agree to axtend the expiration of the paragraph 25.2 notice period to conform to paragraph 13 of this Mesorandua.
- 10. MMWEC and Public service shall use diligent efforts to complete any documentation required by this Memorandum and to obtain the amendments of the Joint owners Agreement, the Disbursing Agant Agressent, and the Transmission support Agreement contemplated under paragraph 9 of this Memorandum.
11.
If all of the conditions to tais Memorandum set forth in paragraph 9 are not not by the close of business on November 16, 1988, then at any time after November 16, 1988 and before all of those conditions are not, either MMW3C or Public service may deliver written notice to the President and chief Executive officer or the General Manager of the other, as the case may be, of termination of this Memorandca, and upon the delivery of such a notice, this Meacrandum sha21 terminate, and neither MMW3C nce
V
, l i
Public Servica shall be bound by any of its torus. However, this Memorandum shall remain in full force and effect after November 16, 1988, 64tt if the conditions set forth in paragraph 9 are not met by tha4 t;Me, unti'L n11very of the termination notice provided unt.U " ,e M ract'ph.
12.
The eC }gvvikts c,j' Public Service under this Memorandum are subject tt
- W ip;. .
~t of the lenkruptcy court by a Final order. Upon sa 1.)Activ 'l all of the conditions set forth in paragraph 9 of this tem aandum, Public service shall uso diligent afterts to obtain such approval. If such approva; is not obtained on or before recember 5, 1988, then Public service shall use diligent efforts to obtain, for all claims igninmit Public service ;
that are contemplated to be released in connection with this i L
Memorandum, an extension of the claims bkr date fixed by the '
Bankruptcy Court to a date 7 calnndar days after ths disapprova!,
of this Memorandus by a Final order.
If such an extension of the .
cle, ins..b43. @ , 4 y es;before December 7, 1988, l
then logr50
.- may epwfMe a prest .of. elaim in the lenkruptey court, notwitM.r, andlag paragraph a of this Noacrendum, but only af ter consultation (but not necessarily agreemeht) with Public service i
as to tan manner or content of the filing so as not to interfere with the goals of this Maaorandum.
13.
Upon the satisfaction of the conditions set forth in Paragraph 9 of this Maserandus, Publio service shall extend the five-month period contemplated under the notice under section 25.2 of the Joint Ovners Agreement to 10 calendar days after the latant of the current expiration date (as extended under an agreement
_. . ._ . _- -. __- ~
signed by MMWEC on October 27, 1980), the Effective Date, or the date of the disapproval of this Memorandum by a Final order. If the approval or disapprove 1 of this Memorandum by Finc1 Order le not obtained by Deceaker $, 1988, then tha running of the five=
month period contaaplated under the section 25.2 notice shall be tolled day for day until the obtaining of the Final Crder.
- 14. The "Effective Date a shall be the first business day 5 calendar days after the satisfaction of all of the conditions set forth in this Memorandum, including tha approval of the Bankruptcy Court by a Final order contesplated by paragraph 12 of this Memorandum.
The documents proposed to be executed under paragraph 9 of this Manorandum shall beccue effective on the Effective D 15.
In order to permit the parties to this Memorandum to engage in open discussion and yet be protected from unauthorized disclosure of confidential information that a party may otharvice vish to keep secret, each party agrees that it will ressive N[
confidential"informe41&n'f p bi$a iEt con e and, i
ualase zalenessy the othat party, will not use or disclose to others the confidential information. However, this obligation of nonuss and nondisclosure does not apply to any informations a.
that is or becomes known publicly through no fault 1
i of the recipient of the information, b.
that is learned from a third party who, to its
! knowledge, is not under an obligation not to disclose it, or
( c.
that is already known my the party before receipt from one of the other parties (as abown by the recipient's l
prior records).
l l
l i
i The provielens of this paragraph shall not cuateobligation any on the part of any party to 41sclose confidential information
- 14. .
mortC agrees not to assist any entity in the developm er prosecution of any claims of the kinds contempla ed to be released under this Memorandum,or the conditions impose i
paragraph 9 of this Memorandum and agrees to dirset orneys, agents, its att and employees to de likewise.
17.
All of the promises and commitments of Public rvice Se j and MMWrc under this Memorandua are intendede as an integ !
package of consideration, and neither Public Service C nor MM intend that any particular promise or commitment is e to b construed as in exchange for any particular other promise or i commitment from the ou er,
- 18. !
This Memorandum is intended to be a legally binding ;
obligation between the parties.
- 19. i This Memorandum shall be governed by and construed n i !
accordance with the laws of the state of New Hamp2 hire .
to.
I This Manorandum may be easeuted in counterparts , each of which shall be considered an original for all purposes . I i l i
MASSACNUSRMS MUNICIPAL WMcLE-C COMPANY
\
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SALE
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PUBLIC stRVICE COMPANY OF NEW MAMPSHIRE i.
A By:_
JMn C. Duffett, Prisfdent Yb(r1-
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t and chief Executive officer 14 1
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UllITED STATES OF AMERICA ,4 n' t10 CLEAR REGULATORY COMMISSIOli
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) L' In the Matter of )
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PUBLIC SERVICE COMPAt1Y ) Docket tio.(s)
OF tlEW HAMPSHIRE, ET AL. ) 50-443/444-OL-1
) (On-Site EP)
(Seabrook Station, Units 1 and 2 )
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CERTIEICATE_0f_SERYLCE I, Stephen A. Jonas, hereby certify that on llovember 25, 1988, I made service of the within MOTIOtt OF MASSACHUSETTS ATTORt1EY GEllERAL JAMES M. SHAlltlOll FOR LEAVE TO FILE A DOCUME!1T 110T AUTHORIZED BY THE COMMISSiOll'S RULES OF PRACTICE and REPLY OF MASSACHUSETTS ATTOR!iEY GEllERAL JAMES M. SHAtitlO!/ TO THE FILItJGS OF THE STAFF AtJD THE JOf flT APPLICA!JTS Ill RESPOllSE TO HIS NOVEMBER 2, 1988 MOTIO!1S Ut1 DER 10 C.F.R.
S 2.734 TO REOPEft THE RECORD, by first class mail, or by Federal Express as indicated by (*) to:
Alan S. Rosenthal, Chairman Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel 7 U.S. tiuclear Regulatory U.S. tiuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Thomas 3. Moore
- Docketing and Service At unic Sa f ety and Licensing U.S. Iluclear Regulatory '
Appeal Panel Connission U.S. 4uclear Regulatory Washington, DC 20555 ;
Comm{ission East West Towers Building 4350 last West Highway Bethesda, Mr 20814
e Administrative Judg3 Robert Carigg, Chairman Sheldon Wolfe, Chairman Board of Selectmen Atomic Safety and Licensing Town Office Board Panel Atlantic Avenue U.S. Nuclear Regulatory North Hampton, NH 03862 Commission East West Towers Building 4350 East West Wighway Bethesda, MD 20814 Administrative Judge Diano Curran, Esquire Emmeth A. Luabke Andrea C. Ferster, Esquire 4515 Willard Avenue Hatmon & Weiss Chevy Chase. MD 20815 2001 S Street, NW / Suite 430 Washington, DC 20009 Dr. Jerry Harbour Stephen E. Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisoee, Esquire U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 Adjudicatory File Atomic Safety and Licensing *Sherwin E. Turk, Esquire Board Panel Docket Office of General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th Fl.
4350 East West Highway 11555 Rockville Pike Bethesda, MD 20814 Rock"Alle, MD 20852 Atomic Safety and Licensing Robert A. Backus Appeal Board Panel Backus, Meyer & Soloman U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire
- Thomas G. Dignan Matthew T. Brock, Esquire Ropes & Gray Shaines & McEachern 225 Franklin Street 25 Waplewood Avmnue Besten, MA 02110 P.O. Box 360 Portsmouth, NH 03801 e
'b Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, Hili-Washington, DC 20510 Whilton & McGuire (Attu: Tom Burack) 79 State Street Newburyport, MA 01950 Senator Gordon J. Humphrey Mr. Edward Molin One Eagle Square, Suite 507 Mayor !
Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S. Lord i Town Manager Board of Selectmen ;'
Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 a Exeter, NH 03833 i H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency !!anagement Brentwood, NH 03833 .
! Agency l 500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street [
4 Hampton, NH 03841 Concord, NH 03301 :
Judith H. Mizner, Esquire Charles P. Graham, Esquire 79 State Street, 2nd Floor Murphy and Graham [
Newburyport, MA 01950 33 Low Street ;
Newburyport, MA 01950 i *Lando W. Zech, Jr., C5 airman
- Thomas M. Roberts, Commissioner '
U.S. Nuclear Regulatory U.S. Nuclear Regulatory ;
Commission Commission :
One White Flint North one White Flint North L 11555 Rockville Pike 11555 Rockville Pike Roc kv i l l e., MD 20852 Rockville, MD 20852
- Kenneth M. Carr,
- James R. Curtiss,
, Commissioner Commissioner i U.S. Nuclear Regulatory U.S. Nuclear Regulatoly Commission Commission One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852 s
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- Kenneth C. Rogers, William C. Parler, Esquire Commissioner General Counsel U.S. Nuclear Regulatory Office of the General Counfol Commission One White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD- 20852 Marjorie Nordlinger, Esquite Emile Julian Deputy Genetal Counsel Chief, Public Documents Room Office of the General Counsel U.S. Nuclear Regulatory Commission One White Flint North Washington, DC 20555 11555 Rockville Pike Rockville, MD 20852
- Stephen A. Jonas Deputy Attorney General Public Protection Bureau One Ashburton Place Boston, MA 02108 (617) 727-2200 DATED: November 25, 1988 i
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