ML20206M837

Motion of Commonwealth of Ma Atty General Jm Shannon for Leave to File Document Not Authorized by Commission Rules of Practice.* Requests to File Response to Joint Applicant & NRC Response to Atty General 881102 Motions

ML20206M837
Person / Time
Site:	Seabrook
Issue date:	11/25/1988
From:	Jonas S MASSACHUSETTS, COMMONWEALTH OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20206M842	List: ML20206M837 ML20206M867 ML20206M886
References
CON-#488-7576 OL-1, NUDOCS 8812020025
Download: ML20206M837 (3)

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( *i :f r-UtlITED STATES OF AMERICA flUCLEAR REGULATORY COtV1ISSI% e 28 P2 :06 BEFORE THE COMMISSIOli i.y'1 I

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In the Matter of ) Docket !!os. 50-443-OL-1

) 50-421-OL-1 PUBLIC SERVICI COMPA!1Y OF )

NFW HAMPSHIRE, ET hL. ) (Onsite Emergency planning

) and Safety Issues)

(Seabrook Station, Units 1 and 2 )

_ . . ) November 25, 1988 MOTIOti OF MASSACHUSETTS ATTURilEY GEllERAL JAMES M. SHAtl!10N FOR LEAVE TO FILE A DOCUMENT t10T AUTHORIZED BY THE COMMISSIO!i'S RULES OF PRACTICE Massachusetts Attorney General James M. Shannon ("Mass AG")

hereby moves for leave to file a document not authorized by the Commission's rules of practice. Specifically, the Mass AG moves for leav1 to file the accompanying RESPOtlSE OF MASSACHUSETTS ATTORf3EY GEllERAL JAMES M. SHAN!40!1 TO THE FILI!!GS OF THE STAFF A!10 THE JOItiT APPLICAtiTS !!1 RESPOllSE TO HIS i

t10VEMBER 2, 1989 MOTIOtiS UNDER 10 C.F.R. $ 2.734 TO REOPEft THE RECORD.1# In support of this motion. ** s . dss AG states:

1/ While the Applicants have purported t, respond to both motions otought by the Mass AG, the Staff inexplicsSly,has chosen to ignore completely the Mass AG's motion and contention  ;

on the Applicants' financial qualifications.

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1. On November 2, 1988, in response to the Commission's Order in CLI-88-07, the Mass AG filed two motions to reopen the record and to adr..it ' ate filed contentions -- one with respect to the Applicants' Decommissioning plan and one with respect te the Applicants' financial qualifications generally.

2. On November 14 and 16, 1988, respectively, the Applicants and the NRC Staff filed responses to the motions to reopen. The Staff chose to accompany its brief with a 29 page joint affidavit of three members of the Office of Nuclear Reactor Regulation. The brief misstata= the Commission's own regulations governing decommissioning ar d reflects a misunderstanding of the standards for judging motions to reopen and to admit late-filed contentions. In particular, the Staff apparently believes that by filing affidavits which only highlicht the factual disputes among the parties it can persuade the Commission to dismiss sommarily these significant safety-related contentions. The accompanying roply ot the Mass AG addresses these misstatements and includes an additional Affidavit of peter M. Strauss which brings the factual disputes raised by the Staff into sharper focus.

3. Due process, the public interest in a fully informed decision by the Commission on the pending motions to reopen, consideratione of fairness, and the interest in conserving administrative resources require that the Mass AG be afforded an opportunity to present the accompanying reply to the Commission prior to its decision on the pending motions.

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WHEREFORE, the Massachusetts Attorney General moves that the Commission grant him leave to file and consider the accompanying REPLY OF MASSACHUSETTS ATTORtJEY GEt1ERAL JAMES M.

SHAtil10!1 TO THE FILIrlGS OF THE STAFF AtlD THE JOI!1T APPLICAt1TS Ill RESPO!1SE TO HIS 110VEMBER 2, 1988 MOTIOllS Ut3DEx 10 C.F.R.

S 2.734 TO REOPEli THE RECORD.

Respectfully submitted, JAMES M. SHAtil10t1 ATTORtJEY GEt1ERAL COMMO!1 WEALTH OF MASSACHUSETTS

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By: , - . db/ ;.

Stephdn A</Jonas Deputy Attotney General George B. Dean Assistant Attorney General One Ashburton Pla:e Boston, MA 02108 (617) 727-2200 DATED: tiovember 25, 1988