ML20211F914

Notice Re Participation by Commonwealth of Ma in Role as 2.715(c) Interested State.Atty General of Commonwealth of Ma Must Clearly Define Bounds of Intended Participation. Response Required by 860620

ML20211F914
Person / Time
Site:	Seabrook
Issue date:	06/16/1986
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:	MASSACHUSETTS, COMMONWEALTH OF, PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#286-614 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8606190159
Download: ML20211F914 (2)

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S Chg UNITED STATES OF AMERICA ~ r .g NUCLEAR REGULATORY COMMISSION j -

ATOMIC SAFETY AND LICENSING BOARD //

Before Administrative Judges: p/

Helen F. Hoyt, Chairperson N

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Emeth A. Luebke Jerry Harbour SERVED JUN r71ggs In the Matter of ) Docket Nos. 50-443-OL 50-444-OL PUBLIC SERVICE COMPANY (ASLBP No. 82-471-02-OL) 0F NEW HAMPSHIRE, et al. (Offsite Emergency Planning)

(Seabrook Station, Units 1 and 2) June 16, 1986 NOTICE TO PARTIES (Re Participation by Comonwealth of Massachusetts in Role as % 2.715(c) Interested State)

The Board has before it Applicants' Motion to Compel Answers to Interrogatories Addressed to the Attorney General of the Commonwealth of Massachusetts dated June 2, 1986; Attorney General Francis X. B llotti's Response to Applicants' Off-Site Emergency Planning Interrogatories and Request for the Production of Documents (Set No.1) and Motion for Protective Order dated May 22, 1986; and NRC Staff Response to Applicants' Motion to Compel Answers to Interrogatories Addressed to the Attorney General of Massachusetts dated June 9,1986. We have also considered that the Atomic Safety and Licensing Appeal Board has before it matters concerning 10 CFR Q 2.715(c) as applicable to Francis X

Bellotti, Attorney General of Commonwealth of Massachusetts.

! The Licensing Board has established its schedule which requires that we proceed with each event on the schedule in order to meet the a606190159 860616 PDR ADOCK 05000443 O PDR 00b

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2 August 4, 19861 commencement date for the evidentiary hearings.

Accordingly, in the interest of an orderly proceeding, it appears to this Board that we must inquire of Francis X. Bellotti, Attorney General, Commonwealth of Massachusetts, as to how the Comonwealth of Massachusetts wishes to proceed during litigation of this proceeding before ruling on the Applicants' Motion to Compel and the objections of the Attorney General. We are in effect adopting the position of the NRC Staff as articulated in its response of June 9,1986 at page 5. If the Commonwealth intends to participate as an interested state under 9 2.715(c), it must clearly and fully define the bounds of its intended participation. We believe that in the interest of a fair hearing for all parties the Attorney General of the Commonwealth must notify all concerned of the state's particular interests sufficiently that the parties are put on notice of what the Commonwealth will litigate.

The response to this inquiry by the Board requires in hand delivery to this Board by close of business on June 20, 1986.

FOR THE ATOMIC SAFETY AND LICEN ING BOARD ul l 3. < ,n '

l Helen F. Hoyt, ChairpgMon Administrative Judge i

1 Established by our Order of April 29, 1985.

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