ML20247A116

NRC Staff Motion to Find Town of Amesbury,Town of Salisbury & City of Newburyport in Default for Failure to File Proposed Findings of Fact in Accordance w/10CFR2.701,2.712 & 2.754.* W/Certificate of Svc

ML20247A116
Person / Time
Site:	Seabrook
Issue date:	09/05/1989
From:	Chan E NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#389-9142 OL, NUDOCS 8909120045
Download: ML20247A116 (6)

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qy September 5, 1989

,, _ $M;.f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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BEFORETHEATOMICSAFETYANDLICENSINGBOARbOC* ,

In the Matter of )

Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEWHAMPSHIRE,et,al. Off-site Emergency Planning (SeabrookStation,UnitsIand2) )

NRC STAFF'S MOTi m TO FIND THE TOWN OF AMESBURY, TOWN OF SALISBURY AND CITY OF NEWBURYPORT IN DEFAULT FOR FAILURE TO FILE PROPOSED FINDINGS OF FACT IN ACCORDANCE WITH 10'CFR %$ 2.701, 2.712 AND 2.754 The NRC Staff hereby moves that the Board 'hd the Town of Amesburj ,

the Town of Salisbury and the City of Newburyport to be in default for their failure to file proposed findings of fact in accordance with 10 CFR 65 2.701, 2.712 and 2.754 In support of this motion, the Staff states as follows:

1. On June 29, 1989, the Licensing Board directed that parties file proposed findings in accordance with the Commission regulation, 10 CFR i 2.754 or " suffer the inference that they [be) deemed in default" in accordance with 10 CFR 6 2.754(a) and (b). Tr. 28177-84. Interested governments and interveners were directed to file their findings of fact and conclusions of law on or before August 14, 1989.

2. .On August 31, 1989, the Staff received a copy of Applicants' reply findings, which had been filed the previous day. Therein, the Applicants responded to proposed findings of fact which they had apparently received from TOA, TOS and CON. Until that time, the Staff was unaware that these entities had filed proposed findings. The Staff has kDR DO 00 43 PDR

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.c r;kI not received service of any proposed findings from TOA, TOS or CON, nor

-has the Staff received a~ copy from the NRC Public Document Room. Docketing i

and Service, or any other, source.

.3. Upon inquiry, the Staff has ascertained.that the Town of W  : Amesbury (TOA).. Town of Salisbury (TOS) and City of Newburyport (CON) .

c . fail'. ' to file ' proposed findings either by delivery to the Public Document Roon or by mail or telegram to the Docketing and Service Section as required by 10 CFR 5_2.701(a).

S 4.' As a. result' of the failure'of these interested local governments a to serve their. proposed findings of fact pursuant to Commission regula-tions, the: Staff was unable to respond to those findings by August 31, 1989, as required by ti;e Board.

5. This motion is submitted in accordance with the Board's directive of September 5,1989, in lieu of a letter submitted to the Board by the undersigned attorney on September 1,1989.

' WHEREFORE, the NRC Staff hereby requests that TOA, TOS and CON be I found to be in default for failure to file and serve their proposed i findings of fact in accordance with the Board's Order and Comission regulations, and that these entities' proposed findings of fact be stricken 1/

Respectfully submitted, Elaine I. Chan Counsel for NRC Staff 1/ Nonetheless, the Staff is willing, if directed, to respond to the proposed findings of the interested local governments ten days after receipt of these findings. J

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3 Dated at Rockville, Maryland this 5th day of September, 1989 i

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'89 SEP -8 P2 :59 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION crg ;

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD N In the Matter of. )

Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, g al. Off-site Emergency Planning (Seabrook-Station, Units 1 and 2) )

1 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S MOTION TO FIND THE - TOWN OF AMESBURY, TOWN OF SALISBURY AND CITY OF NEWBURYPORT IN DEFAULT FOR FAILURE.TO FILE PROPOSED FINDINGS OF FACT IN ACCORDANCE WITH 10 CFR li 2.701, 2.712 AND 2.754" in the above captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 5th day of September 1989:  ;

Ivan W. Smith, Chairman (2)* Philip Ahrens, Esq.

Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission State House Station Washington, DC 20555 Augusta, ME 04333 Richard F. Cole

• John Traficonte. Esq.

Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Comission One Ashburton Place,19th Floor Washington, DC 20555 Boston, MA 02108 Kenneth A. McCollom Geoffrey Huntington, Esq.

Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74705 25 Capitol Street Concord, NH 03301 Thomas G. Dignan, Jr., Esq.

Robert K. Gad, III, Esq. Diane Curran, Esq.

Ropes 1 Gray Hannon, Curran & Tousley One International Place 2001 S Street, NW Boston, MA 02110-2624 Suite 430 Washington, DC 20009

- Robert A. Backus, Esq.

Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106

a 2-H. J. Flynn, Esq. Judith H. Mizner, Esq.

Assistant General Counsel 79 State Street Federal Emergency Management Agency Newburyport, MA 01950 500 C Street, S.W.

Washington, DC 20472 Robert Carrigg, Chairman Board of Selectmen Paul McEachern, Esq. Town Office-Shaines & McEachern Atlantic Avenue 25 Maplewood Avenue North Hampton, NH 03862 P.O. Box 360 Portsmouth, NH 03801 William S. Lord Board of Selectmen Charles P. Graham, Esq. Town Hall - Friend Street McKay, Murphy & Graham Amesbury, MA 01913 100 Main Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen Sandra Gavutis, Chairman 13-15 Newmarket Road Board of Selectmen Durham, NH 03824 RFD #1, Box 1154 Kensington, NH 03827 Kensington, NH 03827 Hon. Gordon J. Humphrey Calvin A. Canney United States Senate City Hall 531 Hart Senate Offic's Building 126 Daniel Street Washington, DC 20510 Portsmouth., NH 03801 Richard R. Donovan R. Scott Hil!-Whilton, Esq. Federal Emergency Management Lagoulis, Clark, Hill-Whilton Agency

& McGuire Federal Regional Center 79 State Street 130 228th Straet S.W.

Newburyport, MA 01950 Bothell, Washington 98C21-9796 Allen Lampert Peter J. Matthews, Mayor Civil Defense Director City Hall Town of Brentwood Newburyport, MA 01950 20 Franklin Exeter, NH 03833 Michael Santosuosso, Chairman Board of Selectmen William Armstrong South Hampton, NH 03827 Civil Defense Director Town of Exeter Ashod N. Amirian, Esq.

10 Front Street Town Counsel for Merrimac Exeter,-NH 03833 145 South Main Street P.O. Box 38 Gary W. holmes, Esq. Bradford, MA 01835 Holmes & Ellis 47 Winnacunnet Road Barbara J. Saint Andre, Esq.

Hampton, NH 03842 Kopelman and Paige, P.C.

77 Franklin Street Boston, MA 02110

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. 3-Ms. Suzanne Breiseth J. P. Nadeau Board of Selectmen Board of Selectnen Town of Hampton Falls 10 Central Street Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Atomic Safety and Licensing Robert R. Pierce, Esq.* Board Panel (1)*

Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Samuel J. Chilk*

Office of the Secretary Atomic-Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Panel (6)* Washington, DC 20555

- U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section*

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 a

Elaine I. Chan Counsel for NRC Staff l

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