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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217M8771999-10-25025 October 1999 Requests That Industry Studies on long-term Spent Fuel Pool Cooling Be Provided to R Dudley at Listed Mail Stop ML20217M4331999-10-19019 October 1999 Submits Rept 17, Requal Tracking Rept from Operator Tracking Sys. Rept Was Used by NRC to Schedule Requalification Exams for Operators & Record Requal Pass Dates ML20217F5841999-10-13013 October 1999 Requests Revocation of License OP-11038-1 for GE Kingsley. Individual Has Been Reassigned to Position within Naesco ML20217F5811999-10-13013 October 1999 Forwards Insp Data & Naesco Evaluation of a EDG Exhaust Insp Conducted on 990407.Insp Ensured That Unacceptable Wall Thinning Will Not Occur During 40-year Design Lifetime of Sys ML20217C7321999-10-0808 October 1999 Forwards Copy of Seabrook Station Videotape Entitled, Completion of Seal Barrier Installation. Videotape Documents Process of Selecting,Designing & Installing Seal Deterrent Barrier to Preclude Entrapment of Seals ML20217B8621999-10-0505 October 1999 Forwards Rev 28,change 1 to EPIP Er 1.1, Classification & Emergencies, Per 10CFR50.54(q).Rev to Procedure Does Not Decrease Effectiveness of Seabrook Station Radiological Emergency Plan ML20217B7471999-10-0101 October 1999 Provides Notification of Change in PCT of More than 50 F,Per Requirements of 10CFR50.46(a)(3)(i),(ii).Tabulation of Large Break LOCA PCT Margin Utilization Applicable to Seabrook Station,Encl ML20212J8271999-09-30030 September 1999 Informs of Completion of mid-cycle PPR of Seabrook Station. Staff Conducted Reviews for All Operating NPPs to Integrate Performance Info & to Plan for Insp Activities at Facility Over Next Six Months.Plant Issues Matrix & Insp Plan Encl ML20216J2381999-09-30030 September 1999 Responds to Re Enforcement Discretion for Nuclear Plants During Y2K Transition.Nrc Expects All Licensees to Operate Nuclear Facilities Safety IAW NRC Regulations & Requirements ML20216J2421999-09-30030 September 1999 Responds to Card Received in Aug 1999,providing Comments on NRC Interim Enforcement Policy Re Enforcement Discretion for Nuclear Plants During Y2K Transition.Informs That Naesc Reported Seabrook as Y2K Ready Prior to 990701 ML20216J2471999-09-30030 September 1999 Responds to Which Provided Comments on NRC Interim Enforcement Policy Re Enforcement Discretion for Nuclear Plants During Y2K Transition.Informs That Naesc Reported Seabrook as Y2K Ready Prior to 990701 ML20212K7921999-09-30030 September 1999 Confirms 990922 Telcon with J D'Antonio & T Grew Re Arrangements Made for NRC to Inspect Licensed Operator Requalification Program at Seabrook Facility ML20212J0301999-09-24024 September 1999 Forwards Insp Rept 50-443/99-10 on 990726-30 & 0809-13.No Violations Noted.Insp Discussed ML20212G5071999-09-21021 September 1999 Submits Complaint to NRC Re NRC Failure to Cite Seabrook Station NPP Operators for Failing to Periodically Calibrate & Establish Adequate Measures to Insure That Relay Equipment Met All Required Calibration Settings Prior to Installation ML20212C1881999-09-20020 September 1999 Ack Receipt of Which Raised Concerns Re NRC Enforcement Actions at Plant & Issuance of NCVs ML20212D1401999-09-17017 September 1999 Forwards SE Accepting Request to Use Proposed Alternative to Certain Weld Repair Requirements in ASME Boiling & Pressure Vessel Code ML20212B9511999-09-17017 September 1999 Forwards NRC Form 396 for MG Sketchley,License SOP-10685, Along with Supporting Medical Exam Info.Nrc Form 396 Has Been Superceded by Revised Version Dtd 971222,which Was Previously Submitted to NRC on 990812.Encl Withheld ML20212C3621999-09-15015 September 1999 Forwards Rev 34 to Seabrook Station Radiological Emergency Plan & Rev 85 to Seabrook Station Emergency Response Manual, Per 10CFR50,App E & 10CFR50.4 ML20212B5021999-09-14014 September 1999 Forwards Licensee Responses to EPA Questions Re Plant Seal Deterrent Barrier.Util Completed Installation of Subject Barriers on All Three Station Offshore Intake Structures on 990818.Barriers Will Preclude Entrapment of Seals ML20211Q8521999-09-0808 September 1999 Informs That Rl Couture,License SOP-11027,terminated Employment at Naesco on 990907.Revocation of License Requested ML20211N8781999-09-0303 September 1999 Forwards Response to 990820 RFI Re NRC Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams ML20211J9291999-09-0303 September 1999 Forwards mark-ups & Retypes of Proposed Conforming License Changes Required in Connection with Transfers Being Sought in 990615 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests ML20211M3221999-09-0202 September 1999 Responds to NRC Re Violations Noted in Insp of License NPF-86 & Proposed Imposition of Civil Penalty. Corrective Actions:Conducted Prompt Review of Layoff Decision to Determine Relevant Facts DD-99-10, Informs That Time Provided by NRC Regulation within Which Commission May Act to Review Director'S Decision (DD-99-10) Expired.Commission Declined Review & Decision Became Final on 990830.With Certificate of Svc.Served on 9909021999-09-0202 September 1999 Informs That Time Provided by NRC Regulation within Which Commission May Act to Review Director'S Decision (DD-99-10) Expired.Commission Declined Review & Decision Became Final on 990830.With Certificate of Svc.Served on 990902 ML20211J8811999-09-0101 September 1999 Forwards Comments on Seabrook Station Review of Reactor Vessel Integrity Database (Rvid)(Version 2).Minor Discrepancies Were Noted.Proposed Changes Are Encl in Order to Correct Discrepancies ML20211J8411999-09-0101 September 1999 Forwards Updated NRC Form 396 for E Decosta,Nrc License OP-10655-1.Without Encl ML20211G9191999-08-27027 August 1999 Informs NRC That Name of New Company, Ref in Order Approving Application Re Corporate Merger Is Nstar Which Is Massachusetts Business Trust ML20211J0401999-08-26026 August 1999 Responds to 990819 Request,On Behalf of Gr Pageau & Williams Power Corp,For Addl Time in Which to Reply to Nov,Issued on 990803.Response Due to NRC by 991008 ML20211H0651999-08-25025 August 1999 Forwards Insp Rept 50-443/99-05 on 990621-0801.One Violation Re Failure to Include Multiple Components within Scope of ISI Test Program Was Identified & Being Treated as NCV, Consistent with App C of Enforcement Policy ML20211G7761999-08-24024 August 1999 Expresses Great Concern Re Lack of Enforcement Actions Against Seabrook Station Despite Citations NRC Has Issued for Violations of Seabrook Operating License ML20211J2171999-08-23023 August 1999 Expresses Disappointment with Lack of Enforcement Action Against Seabrook Station Despite Repeated Safety Violations ML20211J4971999-08-21021 August 1999 Submits Comments Re Violations Cited in Early Mar & 990509 Insps ML20211H8361999-08-19019 August 1999 Submits Concerns Re Violations at Seabrook Station ML20211F2681999-08-19019 August 1999 Discusses Former Chairman Jackson & 990602 Predecisional Enforcement Conference Re Findings of Ofc of Investigations Involving Allegations Raised by Contract Electrician.Determined That Allegations Not Supported ML20211J3241999-08-15015 August 1999 Expresses Disappointment in Apparent Failure of NRC to Cite Seabrook Station NPP for Recent Violations of Safety Regulations Uncovered During Recent Insps in Mar & May ML20211J1831999-08-15015 August 1999 Submits Concerns Over Serious Deficiencies at Seabrook Station That NRC Has Declined to Take Enforcement Actions Against ML20210T1601999-08-13013 August 1999 Informs That as Result of Staff Review of Licensee Responses to GL 92-01,rev,supp1 1, Reactor Vessel Structural Integrity, NRC Revised Info in Reactor Vessel Integrity Database & Is Releasing It as Rvid Version 2 ML20211J2071999-08-13013 August 1999 Expresses Concerns Re Violations Occurring Recently at Seabrook Nuclear Power Station.Requests Effort to See That Measures Taken to Stop Flagrant,Continuing Violations That Hold Danger to Workers & Community ML20210S9611999-08-13013 August 1999 Informs That NRC Received Encl Ltr from Pb Johnston Expressing Concern About Certain Impacts on Shareholders of New England Electric Sys with Respect to Nees Proposed Merger with Natl Grid Group ML20210S9511999-08-13013 August 1999 Responds to to Collins Expressing Concerns with Certain Terms of Proposed Merger Between New England Electric Sys & National Grid Group.Nrc Has No Authority to Interject Itself in Nees Merger with National Grid Group ML20210S2001999-08-12012 August 1999 Forwards NRC Forms 398 & 396 in Support of Applications for Renewal of Operator Licenses for Individuals Listed Below. Without Encls ML20210R8401999-08-11011 August 1999 Forwards Response to NRC Second RAI Re GL 95-07, Pressure Locking & Thermal Binding of SR Power-Operated Gate Valves ML20210S7331999-08-11011 August 1999 Submits Third Suppl to 980423 Application to Renew NPDES Permit NH0020338 for Seabrook Station.Suppl Provides Addl Info on Input Streams & Requests Increased Permit Limit for Chemical Used in Makeup Water Treatment Sys ML20210R9581999-08-11011 August 1999 Forwards ISI Exam Rept of Seabrook Station, for RFO 6, Period 3,for Insps Conducted Prior to & During Sixth Refueling Outage Concluded on 990510 ML20210Q7441999-08-11011 August 1999 Forwards Order Approving Indirect Transfer of Control of Canal Interest in Seabrook Station Unit 1 as Requested in Application & SER ML20210R7931999-08-10010 August 1999 Forwards Cycle 7 Startup Rept for Seabrook Station, IAW Requirements of TS 6.8.1.1 ML20210N9421999-08-0505 August 1999 Informs That North Atlantic Suggests Listed Revisions to 990730 Draft Revisions to Committee Rept & Order.Further Revs Consistent with What North Atlantic Proposed at 990608 Hearing ML20210N5721999-08-0303 August 1999 Discusses Investigations Rept 1-98-005 Conducted by OI at Naesco,Seabrook Station & Forwards NOV & Proposed Imposition of Civil Penalty - $55,000.Violation Re Failure to Promptly Correct Incorrectly Terminated Cables of Control Bldg Air ML20210P3361999-08-0303 August 1999 Discusses Investigation Rept 1-98-005 Conducted by Region I OI at Naesco,Seabrook Station & Forwards Nov.Violations Re Electrical Wiring in Control Panel for Control Bldg Air Conditioning Sys ML20210P3161999-08-0303 August 1999 Discusses Investigation Rept 1-98-005,conducted Between 980129 & 0527 at Seabrook Station & Forwards Nov.Violation Re Discrimination of Williams Power Corp,Contractor of Naesco,Against Electrician for Raising Safety Issues 1999-09-08
[Table view] Category:INTERNAL OR EXTERNAL MEMORANDUM
MONTHYEARML20217N4611999-10-22022 October 1999 Forwards Revised Pages 11,14 & 71 of Rept & Order Dtd 990608.Revs Are Textual Changes to Clarify & Confirm Action Taken by Nuclear Decommissioning Financing Committee ML20216F5061999-09-16016 September 1999 Forwards Monthly Rept on Status of 10CFR2.206 Petitions as of 990831.During August,Director'S Decision (DD-99-10) on Seabrook Issued & Petition Closed.Six Petitions Open,Five in NRR & One in Nmss.Attachment 2 Withheld ML20210K4141999-08-0404 August 1999 Forwards Signed Originals of DD Issued Under 10CFR2.206. Without Encl ML20210C1631999-07-19019 July 1999 Forwards Monthly Rept Which Gives Status of 10CFR2.206 Petitions as of 990630.Six Open NRR,1 OE & 2 NMSS Petitions Available.Attachment 2 Withheld ML20206U9631999-05-18018 May 1999 Notification of Significant Licensee Meeting 99-27 with Util on 990602 to Discuss Predecisional Enforcement Conference - NRC Investigation ML20206R1691999-05-0707 May 1999 Rev 1 to Notification of 990602 Significant Licensee Meeting with Listed Attendees in King of Prussia,Pa Re Predecisional Enforcement Conference Concerning NRC Investigation.Rev Sighted Date Change ML20207G5681999-03-0808 March 1999 Informs That Commission Memorandum & Order (CLI-99-06), Issued on 990305,appointed TS Moore as Presiding Officer for Seabrook License Transfer Proceeding.With Certificate of Svc.Served on 990309 ML20197H1211998-12-0808 December 1998 Forwards Exam Rept with as Given Written Exam for Test Administered at Facility on 981019-23 ML20195C7641998-11-13013 November 1998 Forwards Pages That Were Faxed to J Peschel on 981113 in Preparation for Telcon That Will Be Scheduled Wk of 981116. Info in Attached Pages Based on Info Obtained from Licensee & Includes Specific Subjects to Be Discussed with Licensee ML20153E4211998-09-24024 September 1998 Informs That Ofc of Secretary Experienced Problems with Listed e-mail Address.Alternate Mailbox Has Been Created in Effort to Maintain Electronic Mailbox for Parties Filing by e-mail.With Certificate of Svc.Served on 980924 ML20153G0231998-09-24024 September 1998 Informs That Office of Secretary Experienced Problems with Dedicated e-mail Address.In Effort to Maintain Electronic Mailbox for Parties Filing by e-mail,alternate Mailbox Created.With Certificate of Svc.Served on 980924 ML20239A3361998-09-0404 September 1998 Forwards Request for Hearing & Submitted by RA Backus on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Pollution Re Proposed License Amend for Seabrook Unit 1 ML20249A6691998-06-15015 June 1998 Forwards Request for Hearing, & Submitted by RA Backus on Behalf of Seacoast Anti-Pollution League. Petition Was Filed in Response to Notice of Proposed Determination by Staff ML20217M7161998-04-0303 April 1998 Notification of 980219 Meeting W/North Atlantic Energy Svc Corp in Rockville,Md to Discuss Great Power Corp Response to RAI Re Decommissioning Funding Assurance ML20216G5891998-03-0606 March 1998 Notification of Significant Licensee Meeting 98-25 W/Util on 980324 Predecisional Enforcement Conference to Discuss Apparent Violation in Insp Rept 50-443/97-08 (EA-98-073) ML20198S4161998-02-26026 February 1998 Submits Impact of New Decommissioning Funding Rule on Great Bay.Staff Intends to Propose Some Addl Mechanisms That Appear to Offer Assurance Equivalent to What Existing Mechanisms Provide ML20203B9021998-02-0909 February 1998 Notification of 980219 Meeting W/North Atlantic Energy Service Corp in North Bethesda,Md to Discuss Proposed License Amends to Support Current Operating Cycle & Plans for Conversion to Improved Standard TSs ML20199E8881998-01-23023 January 1998 Notification of 980204 Mgt Meeting W/North Atlantic Energy Svc Corp in Rockville,Maryland to Discuss SALP for Period Covering 960505-971206 as Documented in SALP Rept 50-443/97-99 ML20198N0191998-01-0909 January 1998 Forwards Draft Rept, ,to Docket for Seabrook Station,Unit 1.Draft Rept Provides Licensee Preliminary Root Cause Analysis for Leaks in Piping of B Train of RHR System.Leakage Reported by Licensee on 971205 ML20203D2971997-12-0909 December 1997 Notification of 971216 Meeting W/Utils in Rockville,Md to Discuss Decommissioning Funding Assurance ML20211E7301997-09-23023 September 1997 Notification of 971028 Meeting W/North Atlantic Energy Service Corp in Rockville,Md to Discuss Approach for Extending Surveillances to 24-month Intervals ML20217B0471997-09-11011 September 1997 Notification of 970924 Meeting W/Eastern Utility Associates & North Atlantic Energy Service Corp in Rockville,Md to Discuss Proposed Electric Generating Asset Divestiture Plan ML20141D8191997-06-26026 June 1997 Forward 970624 Memo from P Milano to C Hehl Re Response to TIA Concerning Vantage 5H ZIRLO Fuel Problems at Plant,To Be Placed on Docket 50-443 & Made Publicly Available ML20141C9921997-06-24024 June 1997 Responds to 970605 TIA Re VANTAGE-5H ZIRLO Fuel Problems at Seabrook.Staff Has Not Identified Any Restart Concerns Re Reloading of VANTAGE-5H ZIRLO Fuel Used During Cycle 5 & W/Fresh VANTAGE-5H ZIRLO Fuel for Cycle 6 at Plant ML20136C1031997-03-0606 March 1997 Forwards Correspondence Transmitted Via Internet to J Zwolinski from P Blanch During 970102-31.Requests Correspondence Be Placed in PDR ML20134H7931996-11-0606 November 1996 Partially Deleted Memo Re 950502 Meeting W/Northeast Utilities Re Listed Topics ML20129K2561996-11-0505 November 1996 Notification of Significant Licensee Meeting 96-109 W/Listed Attendees on 961202-03 in Philadelphia,Pa to Provide Training,Resolve Interagency Exercise Scheduling Conflicts & Discuss Current Issues in Emergency Preparedness ML20134D7161996-10-24024 October 1996 Requests That Encl Internet Mail Received from PM Blanch,Dtd Through 960930,be Placed in Pdr.No Distribution Outside of PDR Necessary ML20129C0271996-10-11011 October 1996 Notification of 961030 Public Meeting of Nuclear Decommissioning Committee ML20129E2011996-09-25025 September 1996 Notification of 960930 Meeting W/Util in Rockville,Md to Discuss Status of Great Bay Power Corp as Electric Util ML20147J3281996-07-10010 July 1996 Discusses Staff Response to SRM M960612, Briefing on Part 100 Final Rule on Reactor Site Criteria. Staff Believes That Draft Final Rule Language May Be Misinterpreted as Implicity Overruling in Conflict W/Seabrook Decision ML20129D1831996-07-10010 July 1996 Informs of 960716 Visit W/B Patricelli,Cm Cleveland & Gw Davis of Northeast Utilities,Inc Re Introductions & Discussions of Millstone Point & Haddam Neck Issues ML20134B6681995-10-13013 October 1995 Forwards Briefing Package on Status of Listed Plant Units,As Background for Visit by Northeast Utils on 951018-19 ML20087B8531995-07-25025 July 1995 Forwards State of Nh Nuclear Decommissioning Finance Committee Third Supplemental Order Approving Revised Funding Schedule by North Atlantic Energy Svc Corp ML20134B5861995-06-0101 June 1995 Forwards Briefing Package on Status of Plants as Background for Util Visit on 950608 ML20134B5721995-04-26026 April 1995 Forwards Briefing Package on Status of Listed Plants,As Background for Visit by Util on 950502.Supporting Documentation Encl ML20078S9391994-12-23023 December 1994 Forwards State of Nh Nuclear Decommissioning Finance Committee (Ndfc) Ndfc 93-1, Brief of Nh Public Utilities Commission Staff NUREG-1299, Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl1994-06-29029 June 1994 Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl ML20134B4931994-02-16016 February 1994 Forwards Updated Briefing Package for Visit by Util Officials W/Nrc Chairman,Commission,Edo,Director OI & Director Oe.Requests Replacement of Encls 1 & 2 in 940215 Package,Retaining Supporting Attachment 1 Documentation ML20059J8371994-01-0606 January 1994 Notification of Significant Licensee Meeting 94-05 W/Util Emergency Preparedness Mgt Working Group on 940210 ML20058L9281993-12-15015 December 1993 Notification of 931221 Meeting W/North Atlantic Energy Svc Corp,Yaec & Intl Tech Svcs,Inc in Rockville,Md to Discuss Application of YAEC-1856P Methodology to Plant ML20058C9681993-11-19019 November 1993 Notification of Significant Licensee Meeting 93-147 W/Util on 931208 Re SALP Mgt Meeting for Period of 920301-930828 ML20059J2321993-11-0505 November 1993 Forwards Safety Evaluation Accepting LAR 92-14,submitted Via for TS Changes to Allow Independent Fixed Incore Detector Sys at Facility to Be Used for Periodic in-core Power Distribution TS SRs ML20128K8601993-02-0202 February 1993 Notification of Significant Licensee Meeting 93-13 W/Util on 930210 to Discuss General Engineering Programs ML20126K1461993-01-0505 January 1993 Notification of 930106 Meeting W/Util in Rockville,Md to Discuss Transfer of Control of Interest of Eua Power in Plant ML20126J6211992-12-24024 December 1992 Forwards LER 88-009-01 Issued on 921113,discussing Increased Thrust Bearing Loading for RHR Pumps When Pumps Run at Reduced Flows.Concern Raised That Inservice Testing May Not Detect Problem Soon Enough to Avoid Failure ML20125B4461992-11-30030 November 1992 Notification of 921203 Licensee Meeting in King of Prussia, PA to Discuss Auxiliary Operator re-licensing Plans ML20128C2131992-11-16016 November 1992 Notification of Postponement of 921124 Meeting W/Util in King of Prussia,Pa to Discuss Process for Reissuing Reactor Operator Licenses Terminated After Auxiliary Operator Performance Review ML20128C0271992-11-13013 November 1992 Notification of Significant Licensee Meeting 92-168 W/Util on 921124 to Discuss Process for Reissuing RO Licenses That Have Been Terminated After an AO Performance Review ML20097B5821992-05-27027 May 1992 Recommends That Methodology Specified in Order 20,475 Be Revised to Require Util to Include in Base Rates,Amounts Required by Nuclear Decommission Financing Committee 17th Supplemental Order 1999-09-16
[Table view] Category:MEMORANDUMS-CORRESPONDENCE
MONTHYEARML20217N4611999-10-22022 October 1999 Forwards Revised Pages 11,14 & 71 of Rept & Order Dtd 990608.Revs Are Textual Changes to Clarify & Confirm Action Taken by Nuclear Decommissioning Financing Committee ML20217J8951999-10-21021 October 1999 Staff Requirements Memo Re Affirmation Session on 991021, Rockville,Md (Open to Public Attendance) ML20216F5061999-09-16016 September 1999 Forwards Monthly Rept on Status of 10CFR2.206 Petitions as of 990831.During August,Director'S Decision (DD-99-10) on Seabrook Issued & Petition Closed.Six Petitions Open,Five in NRR & One in Nmss.Attachment 2 Withheld ML20210K4141999-08-0404 August 1999 Forwards Signed Originals of DD Issued Under 10CFR2.206. Without Encl ML20210C1631999-07-19019 July 1999 Forwards Monthly Rept Which Gives Status of 10CFR2.206 Petitions as of 990630.Six Open NRR,1 OE & 2 NMSS Petitions Available.Attachment 2 Withheld ML20206U9631999-05-18018 May 1999 Notification of Significant Licensee Meeting 99-27 with Util on 990602 to Discuss Predecisional Enforcement Conference - NRC Investigation ML20206R1691999-05-0707 May 1999 Rev 1 to Notification of 990602 Significant Licensee Meeting with Listed Attendees in King of Prussia,Pa Re Predecisional Enforcement Conference Concerning NRC Investigation.Rev Sighted Date Change ML20207G5681999-03-0808 March 1999 Informs That Commission Memorandum & Order (CLI-99-06), Issued on 990305,appointed TS Moore as Presiding Officer for Seabrook License Transfer Proceeding.With Certificate of Svc.Served on 990309 ML20207F5021999-03-0505 March 1999 Staff Requirements Memo Re 990305 Affirmation Session, Rockville,Md (Open to Public Attendance).Commission Approved Memo & Order Which Granted Util Intervention Petition & Request for Hearing ML20197H1211998-12-0808 December 1998 Forwards Exam Rept with as Given Written Exam for Test Administered at Facility on 981019-23 ML20195C7641998-11-13013 November 1998 Forwards Pages That Were Faxed to J Peschel on 981113 in Preparation for Telcon That Will Be Scheduled Wk of 981116. Info in Attached Pages Based on Info Obtained from Licensee & Includes Specific Subjects to Be Discussed with Licensee ML20153G0231998-09-24024 September 1998 Informs That Office of Secretary Experienced Problems with Dedicated e-mail Address.In Effort to Maintain Electronic Mailbox for Parties Filing by e-mail,alternate Mailbox Created.With Certificate of Svc.Served on 980924 ML20153E4211998-09-24024 September 1998 Informs That Ofc of Secretary Experienced Problems with Listed e-mail Address.Alternate Mailbox Has Been Created in Effort to Maintain Electronic Mailbox for Parties Filing by e-mail.With Certificate of Svc.Served on 980924 ML20239A3361998-09-0404 September 1998 Forwards Request for Hearing & Submitted by RA Backus on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Pollution Re Proposed License Amend for Seabrook Unit 1 ML20249A6691998-06-15015 June 1998 Forwards Request for Hearing, & Submitted by RA Backus on Behalf of Seacoast Anti-Pollution League. Petition Was Filed in Response to Notice of Proposed Determination by Staff ML20217M7161998-04-0303 April 1998 Notification of 980219 Meeting W/North Atlantic Energy Svc Corp in Rockville,Md to Discuss Great Power Corp Response to RAI Re Decommissioning Funding Assurance ML20216G5891998-03-0606 March 1998 Notification of Significant Licensee Meeting 98-25 W/Util on 980324 Predecisional Enforcement Conference to Discuss Apparent Violation in Insp Rept 50-443/97-08 (EA-98-073) ML20198S4161998-02-26026 February 1998 Submits Impact of New Decommissioning Funding Rule on Great Bay.Staff Intends to Propose Some Addl Mechanisms That Appear to Offer Assurance Equivalent to What Existing Mechanisms Provide ML20203B9021998-02-0909 February 1998 Notification of 980219 Meeting W/North Atlantic Energy Service Corp in North Bethesda,Md to Discuss Proposed License Amends to Support Current Operating Cycle & Plans for Conversion to Improved Standard TSs ML20199E8881998-01-23023 January 1998 Notification of 980204 Mgt Meeting W/North Atlantic Energy Svc Corp in Rockville,Maryland to Discuss SALP for Period Covering 960505-971206 as Documented in SALP Rept 50-443/97-99 ML20198N0191998-01-0909 January 1998 Forwards Draft Rept, ,to Docket for Seabrook Station,Unit 1.Draft Rept Provides Licensee Preliminary Root Cause Analysis for Leaks in Piping of B Train of RHR System.Leakage Reported by Licensee on 971205 ML20203D2971997-12-0909 December 1997 Notification of 971216 Meeting W/Utils in Rockville,Md to Discuss Decommissioning Funding Assurance ML20211E7301997-09-23023 September 1997 Notification of 971028 Meeting W/North Atlantic Energy Service Corp in Rockville,Md to Discuss Approach for Extending Surveillances to 24-month Intervals ML20217B0471997-09-11011 September 1997 Notification of 970924 Meeting W/Eastern Utility Associates & North Atlantic Energy Service Corp in Rockville,Md to Discuss Proposed Electric Generating Asset Divestiture Plan ML20141D8191997-06-26026 June 1997 Forward 970624 Memo from P Milano to C Hehl Re Response to TIA Concerning Vantage 5H ZIRLO Fuel Problems at Plant,To Be Placed on Docket 50-443 & Made Publicly Available ML20141C9921997-06-24024 June 1997 Responds to 970605 TIA Re VANTAGE-5H ZIRLO Fuel Problems at Seabrook.Staff Has Not Identified Any Restart Concerns Re Reloading of VANTAGE-5H ZIRLO Fuel Used During Cycle 5 & W/Fresh VANTAGE-5H ZIRLO Fuel for Cycle 6 at Plant ML20136C1031997-03-0606 March 1997 Forwards Correspondence Transmitted Via Internet to J Zwolinski from P Blanch During 970102-31.Requests Correspondence Be Placed in PDR ML20134H7931996-11-0606 November 1996 Partially Deleted Memo Re 950502 Meeting W/Northeast Utilities Re Listed Topics ML20129K2561996-11-0505 November 1996 Notification of Significant Licensee Meeting 96-109 W/Listed Attendees on 961202-03 in Philadelphia,Pa to Provide Training,Resolve Interagency Exercise Scheduling Conflicts & Discuss Current Issues in Emergency Preparedness ML20134D7161996-10-24024 October 1996 Requests That Encl Internet Mail Received from PM Blanch,Dtd Through 960930,be Placed in Pdr.No Distribution Outside of PDR Necessary ML20129C0271996-10-11011 October 1996 Notification of 961030 Public Meeting of Nuclear Decommissioning Committee ML20129E2011996-09-25025 September 1996 Notification of 960930 Meeting W/Util in Rockville,Md to Discuss Status of Great Bay Power Corp as Electric Util ML20147J3281996-07-10010 July 1996 Discusses Staff Response to SRM M960612, Briefing on Part 100 Final Rule on Reactor Site Criteria. Staff Believes That Draft Final Rule Language May Be Misinterpreted as Implicity Overruling in Conflict W/Seabrook Decision ML20129D1831996-07-10010 July 1996 Informs of 960716 Visit W/B Patricelli,Cm Cleveland & Gw Davis of Northeast Utilities,Inc Re Introductions & Discussions of Millstone Point & Haddam Neck Issues ML20134B6681995-10-13013 October 1995 Forwards Briefing Package on Status of Listed Plant Units,As Background for Visit by Northeast Utils on 951018-19 ML20087B8531995-07-25025 July 1995 Forwards State of Nh Nuclear Decommissioning Finance Committee Third Supplemental Order Approving Revised Funding Schedule by North Atlantic Energy Svc Corp ML20134B5861995-06-0101 June 1995 Forwards Briefing Package on Status of Plants as Background for Util Visit on 950608 ML20134B5721995-04-26026 April 1995 Forwards Briefing Package on Status of Listed Plants,As Background for Visit by Util on 950502.Supporting Documentation Encl ML20078S9391994-12-23023 December 1994 Forwards State of Nh Nuclear Decommissioning Finance Committee (Ndfc) Ndfc 93-1, Brief of Nh Public Utilities Commission Staff NUREG-1299, Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl1994-06-29029 June 1994 Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl ML20134B4931994-02-16016 February 1994 Forwards Updated Briefing Package for Visit by Util Officials W/Nrc Chairman,Commission,Edo,Director OI & Director Oe.Requests Replacement of Encls 1 & 2 in 940215 Package,Retaining Supporting Attachment 1 Documentation ML20059J8371994-01-0606 January 1994 Notification of Significant Licensee Meeting 94-05 W/Util Emergency Preparedness Mgt Working Group on 940210 ML20058L9281993-12-15015 December 1993 Notification of 931221 Meeting W/North Atlantic Energy Svc Corp,Yaec & Intl Tech Svcs,Inc in Rockville,Md to Discuss Application of YAEC-1856P Methodology to Plant ML20058C9681993-11-19019 November 1993 Notification of Significant Licensee Meeting 93-147 W/Util on 931208 Re SALP Mgt Meeting for Period of 920301-930828 ML20059J2321993-11-0505 November 1993 Forwards Safety Evaluation Accepting LAR 92-14,submitted Via for TS Changes to Allow Independent Fixed Incore Detector Sys at Facility to Be Used for Periodic in-core Power Distribution TS SRs ML20128K8601993-02-0202 February 1993 Notification of Significant Licensee Meeting 93-13 W/Util on 930210 to Discuss General Engineering Programs ML20126K1461993-01-0505 January 1993 Notification of 930106 Meeting W/Util in Rockville,Md to Discuss Transfer of Control of Interest of Eua Power in Plant ML20126J6211992-12-24024 December 1992 Forwards LER 88-009-01 Issued on 921113,discussing Increased Thrust Bearing Loading for RHR Pumps When Pumps Run at Reduced Flows.Concern Raised That Inservice Testing May Not Detect Problem Soon Enough to Avoid Failure ML20125B4461992-11-30030 November 1992 Notification of 921203 Licensee Meeting in King of Prussia, PA to Discuss Auxiliary Operator re-licensing Plans ML20128C2131992-11-16016 November 1992 Notification of Postponement of 921124 Meeting W/Util in King of Prussia,Pa to Discuss Process for Reissuing Reactor Operator Licenses Terminated After Auxiliary Operator Performance Review 1999-09-16
[Table view] Category:NRC TO ASLAP
MONTHYEARML20056B1971990-08-0202 August 1990 Corrects Error in 900321 Brief Submitted Upon Review of LBP-89-32.Staff 900713 & 25 Filings Indicate That American Red Cross Not Relied Upon to Provide Staffing at School Host Facility ML20056A4111990-07-31031 July 1990 Advises of Error in 900321 Brief Submitted Upon Review of LBP-89-32.American Red Cross Not Relied Upon to Provide Staffing at Holy Cross College School Host Facility Under Spmc ML20055G7371990-07-20020 July 1990 ALAB-933.* Informs That Time Provided by NRC Regulation within Which Commission May Act to Review Appeal Board Decision Expired.Commission Declined Review.Decision Became Final on 900717.W/Certificate of Svc.Served on 900720 ML20055G9191990-07-12012 July 1990 ALAB-932.* Informs That Time Provided by NRC Regulation within Which Commission May Act to Review Appeal Board Decision Expired.Commission Declined Review.Certificate of Svc Encl.Served on 900712 ML20246E4721989-08-23023 August 1989 Advises That Time for Commission to Review Decision ALAB-918 Expired.Commission Declined Review.Decision Became Final Agency Action on 890818.W/Certificate of Svc.Served on 890823 ML20246B9881989-08-17017 August 1989 Requests That Curran,Counsel for Necnp,Further Arguments in Be Rejected as Unauthorized Extension of Remarks Made at 881230 Oral Argument on Reception Ctr Contentions ML20247Q6031989-07-21021 July 1989 Advises That NRC Ofc of General Counsel Has Never in Past or in Future,Advised Board,Appeal Board or Commission to Disregard Mandatory Procedural Rules as Matter of Convenience in Order to Conserve Resources ML20247E0751989-07-17017 July 1989 Advises That Author Will Present Argument on Behalf of NRC Re Intervenors Appeal from Board Partial Initial Decision LBP-88-32,per Aslab 890711 Order ML20245A4341989-06-13013 June 1989 Advises That Author Will Represent NRC at Oral Argument to Be Held on 890712 ML20244C2561989-04-12012 April 1989 Advises That Author Will Represent NRC at 890421 Oral Argument ML20244C2371989-04-12012 April 1989 Forwards NRC Insp Rept Confirming That Old RG-58 Cables Determinated,Capped & spared,RG-59 Cables Installed in Place of RG-58 Cables & RG-59 Cables Were Black W/Red Stripe to Indicate That Cables Not Safety Grade.W/O Encl ML20236D6971989-03-21021 March 1989 Forwards Corrected First Page to NRC Staff Motion for Leave to File Out of Time,Filed on 890317.Corrected Motion Should Reflect Filing in Offsite Docket ML20236D6571989-03-20020 March 1989 Forwards Corrected Cover Page & Page 1 of NRC Staff Response in Opposition to ED Weinhold Appeal of LBP-89-03 Filed on 890317.Brief Should Reflect Filing in Offsite Docket ML20205R4671988-11-0202 November 1988 Forwards Corrected Pages to NRC Response to 881025 Aslab Order.Certificate of Svc Encl ML20196G7551988-06-27027 June 1988 Forwards NRC Info Notice 88-037, Flow Blockage of Cooling Water to Safety Sys Components. Document Re Matter Pending Before Appeal Board.W/O Encl ML20148C9971988-01-15015 January 1988 Requests That Encl Corrected Page 7 Be Substituted in Place of Present Page 7 of 880114 NRC Response to Contention of Atty General Jm Shannon & Motion to Admit late-filed Contention & Reopen Record ML20148C9901988-01-0101 January 1988 Requests Encl Corrected Page Be Substituted for Page 7 of NRC Staff Response to Joint Intervenors Motion to Enlarge Record on Appeal, Filed 880119 ML20236P8681987-11-16016 November 1987 Advises That Undersigned Will Represent NRC at Oral Argument Scheduled for 871208 Re Onsite Emergency Planning & Safety Issues ML20235H6171987-09-23023 September 1987 Informs That Parties Met in Boston,Ma on 870921 to Discuss Matters Raised in 870917 Telcon Re Offsite Emergency Planning.Designation of Lead Intervenor Will Be Provided No Later than 871005 ML20238F1751987-09-11011 September 1987 Advises of Results of Negotiations for Test of Plant Notification Sirens,Per .Util & Seacoast Anti- Pollution League Agreed That Test Under Alert Notification for Plant Emergency in Siren Procedures Proper Test ML20237L7061987-08-31031 August 1987 Informs That Staff Will Further Rept to Board within 2 Wks If Agreement Reached to Conduct Another Test of Emergency Alert Notifications W/East Kingston Sirens ML20235M1311987-07-11011 July 1987 Advises That Author Will Present Argument on Behalf of NRC in Matter Re Onsite Emergency Planning & Safety Issues,On 870724.Related Correspondence ML20235J0531987-07-10010 July 1987 Informs That Author Will Present Argument on Behalf of NRC Re Onsite Emergency Planning & Safety Issues on 870724. Related Correspondence ML20212D1291987-02-20020 February 1987 Advises That NRC Continues to Believe That Parties Will Have Opportunity to Respond Fully to Applicant Waiver Petition. ASLB 870203 Order Does Not Affect NRC Position in 870205 Pleading Before Appeal Board ML20147C5051978-12-0101 December 1978 Forwards Advance Photocopies of NRC Staff'S Direct Testimony in the Seabrook Alternate Site Analysis Remand Proc & Prof Qual of Experts Who Participated in Preparation of the Testimony.W/O Encl ML20150D2501978-11-0909 November 1978 Forwards Recent NRC Memos Re Problems Associated W/Pipe Support Base Plate Design Which Apply to Subj Facil.W/Encl ANO:7811020332,7811020343 & 7811020336 ML20147D4261978-10-0606 October 1978 Earlier Anticipated Date of 781020 for Filing Final Direct Testimony Is Delayed 3 Weeks,Due to Unavailability of Consultants' Analyses 1990-08-02
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July 21, 1989 1 Alan S. Rosenthal, Chairman Thomas S. Moore Administrative Judge - Administrative Judge Atomic Safety and Licensing Appeal Atomic Safety and Licensing A ppeal Board Board-U.S. Nuclear Regulatory Commission U.S. N uclear Reg ulatory Commission Washington, D C 20555 Washington, D C 20555 Howard A. Wilber.
Administrative Judge i Atomic Safety and Licensing Appeal Board U.S.. Nuclear Regulatory . Commission Washington, D C 20555 In the Matter of '
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, ET AL.
(Seabrook Station, Units I and 2)
Docket Nos. 50-443, 50-444 Off-Site Emergency Planning - O b
Dear Administrative Judges:
During the oral argument held on July 12, 1989 in the proceeding captioned above you requested that "a letter or memorandum under the signature of the senior official of the so-called Separated Staff" be submitted to you addressing "the question of the Staff's responsibility to Worce the Rules of Practice of this Comission." Tr. at 99 (July 12, 3 S39); see also Tr. at 19. As Deputy General Counsel for Hearings, Enforcement and Administration, I am the senior legal advisor to the NRC Staff with respect to adjudicatory matters.
At the outset I state unequivocally that the legal staff fully recognizes, and at all time attempts to discharge to the best of its ability, its responsibility to assure that the Comission's procedural as well. as substantive rules and the Comission's case law precedent are properly brought to the attention of the presiding adjudicatory body --
Licensing Boards, Appeal Boards or the Commission, as may be the case. To assure that staff legal positions comport with Comission rules and case
' law, all pleadings are subject to management review and there is careful coordination concerning specific as well as overall legal approach among trial counsel and senior legal management. That is not to say that 8908070207 890721 PDR ADDCK 05000443 G PDR y[
m i
, 'O i,
hindsight '-- or the insights provided by review .of our positions by the presiding: adjudicatory body -- does not sometimes leave us with a
' recognition that we could have better articulated our position. This seems
.to be the. case in this instance. Although our letter of July 7, 1989 (Mr.
~
Berry signed the letter but it was approved by senior legal management) is a reasonable, although very brief, summary of our position, it does not
. fully explicate the legal rationale which underlies the change in position. linfortunately, the way in which the matter arose in the July 12, 1989 oral argument. and the misperception. of our motives, left ~the transcript of the oral argument with a limited explanation of our position.
I am glad to have the opportunity .to more fully explain. !
l The Appeal Board requested that I address three' sentences in our July 1 7,1989 letter. (Tr.99-100)
The First' Sentence-(Relating to Not Retreating from Our Prior legal Arguments) and the Third Sentence (Relating to the Public Interest to be .
Served by a Decision on the Merits)
The arguments set forth in our Motion to Strike are (1) that the Interveners' appeal does not satisfy the standards of the Commission's regulations relating to appeal as a matter of right; (2) that Interveners' appeal does not satisfy the case law precedent for appellate review as a matter of discretion. Our July 7, 1989 letter and our argument do not modify our position that the appeal does not satisfy 10 CFR 2.714(a) or 10 CFR 2.762 and that LBP-89-10 is not appealable as a matter of right. The
' position reflected in our letter and our argument do not " retreat from",
-but does substanticily expand on the-second point that Interveners' appeal does not satisfy the standards for discretionary review. Our April 17, 1989 Motion to Striko deals only with the usual standards applied in determining whether to grant discretionary review --
(1) threatens immediate and irreparable harm, or (2) affects the basic structure of the
- proceeding in a pervasive and unusual manner. We do not retreat from our assertion that Intervenor's appeal does not meet these standards. However, our letter of July 7, 1989 did not explicate our rationale -- that the Appeal Board's discretion does not appear to be limited by these two standards as a hard and fast mandatory limitation on the Appeal Board's utbority.
l In Public Service Company of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-405, 5 NRC 1190,1191-92 (1977), the leading case on the Appeal Boards exercise of its discretionary authority to review
.non-final orders, the Appeal Roard, in the context of a Licensing Board referral, succinctly set out why it would not ordinarily exercise that authority and instances where it would exercise that authority. It stated:
We have now decided to decline the referral, as we have done in !
other cases. The reasons why we must do so are easy to understand. Our present workload permits us to take only the most pressing questions for the interlocutory review. For this reason, we have of late often denied requests from the parties i
w that we direct certification of questions they believed important. We likewise cannot accept referral from the Licensing Board without ourselves evaluating the need for prompt appellate review.
Almost without exception in recent times, we have undertaken discretionary interlocutory review only where the ruling below either (1) threatened the party adversely affected by it with immediate and serious irreparable impact which, as a practical matter, could not be alleviated by a later . appeal or (2) affected the basic structure of the proceeding in a pervasive or unusual manner. [ Footnotes omittedj Thus, while the Appeal Board indicated that it has jurisdiction to consider interlocutory matters under its certification authority, it also indicated that authority would be sparingly exercised because of the Appeal Board's limited resources. Further, in stating that "Almost without exception in recent times" Appeal Boards had limited their review to two classes of cases, the Staff understands the Appeal Board to have left open the possibility that there could be other instances where it might exercise its discretion and consider other interlocutory orders. See also Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1),
ALAB-791, 20 NRC 1579,1583 (1984) (inoicating that important interlocutory issues requiring prompt resolution may be considered by way of cirected certification); Duke Pos.er Co. (Catawba Nuclear Station, Units 1 and 2),
ALAB-687, 16 NRC 460, 464-66T1982), modified on other grounds, CLI-83-19, 17 NRC 1041 (1983) (acceptir,g certification of significant generic questions requiring prompt resolution under the Commission's Statement of Policy on Conduct of Licensing Proceedings, CLI-81-8, 13 NRC 452, 456 (1981), which do not meet the strict standard for the review of a interlocutory orders in the Marble Hill case); Consumers Power Co. (Midland Power Co., Units 1 and 2), ALAB-634, 13 NRC 96, 99 (1981), (Appeal Board review of an interlocutory Licensing Board order by way of " certification" or referral " turns on whether a failure to address the issue would seriously harm the public interest, result in unusual delay or expense, or effect the basic structure of the proceeding in some persuasive or unusual l way.") l l'
There is nothing in the Commission's Rules of Practice, 10 CFR Part 2 that appears to limit the Appeal Board's authority to consider interlocutory review of a Licensing Board's order by way of certification i under 10 CFR 2.718(i) to specified standards. Thus, neither Commission i regulations nor case law precedent appear to prohibit the Appeal Board from I l
considering an interlocutory matter under 10 CFR 2.718(1) in an appropriate I l case, or restrict such review only to matters (1) involving the threat of i
immediate and irreparable harm, or (2) affecting the basic structure of the l proceeding in a pervasive and unusual manner. But, precedent makes it 1 clear that unless the situation satisfies' one of those tests, such review will not ordinarily be granted.
1 I
Initially. we saw :no circumstances warranting - the application of a different ' standard. - However, in preparing' for oral argument the legal
' staff ' perceived public' interest factors that may well warrant the extraordinary procedure' of discretionary review -in this case despite the ;
fact that' the appeal does' not satisfy the two traditional tests for h discretionary review. These factots were:
- Fi rst, from a public interest perspective the issue of. whether 1 the financial qualification regulations should be waived to allow I
. litigation of those issues would best be decided now when ,
possible further hearings would have less of an impact on this long protracted proceeding, than waiting until all other issues are decided by the Licensing Board and addressing them again, ;
most likely in an expedited fashion in . connection with stay >
motions.
Second W the ' time of oral argument, the parties would not only. l have briefed the issue concerning, waiver of the financial l
. qualification rules, but the Appeal Board and the parties would 3 have expended resources in fully preparing for oral acgument, and 1 the travelling parties (the Appellants and Intervecors) would have expended travel funds, so that there would be very little, if any, resource savings for anyone.
- Third, possible waiver of the financial qualifications issue is more allied to the safety issues which have already concluded and other financial qualification issues which have already been decided by the Commission, than to the still pending emergency planning issues.
Fourth, these separate issues involving a waiver of the financial qualification issues were essentially legal in nature and could be decided on the existing record.
Taken in the aggregate, these factors led the Staff to conclude that the public interest in the efficient conduct of licensing proceedings would be ' served by withdrawing its objection that the Appeal Board consider the
..,m W 69-10, as a matter of its discretionary authority to review interlocutory matters. I recognize that the same or similar arguments could have been made earlier.
The Staff then determined that as c matter of professional responsibility, it should apprise the Appeal Board as well as the Applicants and Interveners of the decision reached that day by the Staff not to object to the Appeal Board's review of the Licensing Board's decision on the merits, and the July 7,1989 letter was immediately sent to the Appeal Board, with copies sent by facsimile to counsel for interveners and the Massachusetts Attcrney General. See Letter to Appeal Board from Gregory Alan Berry, Esq. (July 7, 1989). This letter was reviewed and approved by the Assistant General Counsel for Hearings and Enforcement before it was sent.
In hindsight, it appears that tne Appeal Board's misunderstanding of the Staff's motives would not exist had the Staff taken the time to draft a more comprehensive statement that would have left no doubt of the Staff's motivation and intentions. At the time, however, the Staff was of the view that the paramount consideration was to communicate its decision to the ;
Appeal Board and the parties so that th.y would have the maximum possible i time to take that information into account ir. their preparations for the oral argument.
The Second Sentence (Relating The Resources the Staff Sought to Conserve) i The transcript reflects a strong question of staff motive in connection with the timing of its April 17, 1989 Motion to Strike. Let me assure you that the legal staff does not view Comission proceedings as "a game," and does not have seek to cause the interveners to expend unnecessary resources while conserving the resources of -the Staff.
Tr.18-19. As set out at p.5 (and the footnote) of the April 28, 1989, "NRC Staff Memorandum In Response to Appeal Board Order of April 24, 1989," the timing of the Staff's motion to dismiss the appeal was not motivated by any desire to gain en unfair advantage, but was caused by other work involving both the Seabrook proceeding which included responses to five appellate filings, preparation for two sets of hearings and review of the financial qualification information submitted pursuant to CLI-88-10, and other tasks in the office.
The July 7,1989 letter indicates that the Motion to Strike was filed in an effort to conserve resources for all parties, but the Appeal Board j pointed out that the Motion was not filed in time to save substantial i appeal resources for Interveners, had the motion succeeded. On receipt of i the Notice of Appeal Mr. Berry very promptly began work on the Motion to i Strike -in a desire to save resources for all parties. However, as J discussed above, we have a process for management review and discussion of l all pleadings. As a result o' this process, due in the main to my lack of j familiarity with the specific background of the decision involved and due I to problems associated with my availability, Mr. Reis' schedule and Mr. .
Berry's schedule, it was some time before Mr. Berry could fully acquaint me I with the background for the proposed motion. Nonetheless, even on April 17, 1989 it was believed that filing such a notion could be a benefit not i only to the staff but also to other parties, if the staff had successfully i convinced the Appeal Board and it had ruled early on the staff's motion.
The potential resource savings included staff response to Intervenor's I appeal and preparation for oral argument; similar resource savings and i travel expense savings for Applicants; preparation for oral argument and l travel expense savings for Interveners; and preparation by the Appeal Board I for argument on the full range of issue on the merits. Although a delay i had occurred in completing the Motion to Strike, there was a discussion l among staff counsel including senior legal management and we concluded that the Appeal Board and the other parties would be better served by filing the motion instead of waiting another six weeks and ircluding the argument in the staff reply. While staff counsel's concern was primarily for NRC
m-. z.. -- --- - - - _ . . .
.x, y ]
- resources, . the ' Motion was not filed with any intent to gain an unfair
.' advantage over. Interveners. .{
In ' closing, I would like to . reiterate that this office has not in the
- past, or' in this case, and will- not in .the future, advise a licensing board. or the Appeal Board, or- the Comission to disregard mandatory ;
. procedural rules as a matter ' of convenience to the Staff in order to '
conserve -Staff resources. I know that I speak 'for all the members of my t staff when I say that this office is firmly committed to preserving the ;
integrity .of all .Comission regulations, including the Rule,s of Practice.
i' ncerely, W
Jo h F. Scinto Dp 'y General Counsel For Hearings, Enforcement ,
4Wd Administration cc: Parties to the Appeal l
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