ML20050M584
| ML20050M584 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/06/1982 |
| From: | Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8204140313 | |
| Download: ML20050M584 (5) | |
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UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION
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before the i
ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL j
NEW HAMPSHIRE, et a1
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50-444-OL
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4 (Seabrook Station, Units 1 and 2)
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9 h'0 0
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fv'[go,,p gg APPLICANTS' REPLY TO NECNP REQUEST
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FOR CLARIFICATION OF SCHEDULE FOR FILING g7
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CONTENTIONS OR FOR AN EXTENSION OF TIME
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The notice of opportunity for hearing in the abo cp tioned matter was published in the Fe6ral Register 'on October 19, 1981.
46 Fed. Reg. 51330 e_t_.
seq.
That notice provided for the filing of petitions to intervene by Novem-ber 18, 1981.
- g. at 51331.
On November 18, 1981, the New England Coalition on Nuclear Pollution (NECNP) filed a petition for leave to intervene.
On November 25, 1981, the applicants filed an answer to that petition, admitting NECNP's interest but pointing out that New Hampshire still had to comply with the "one good contention" requirement, 10 CFR 2.714(b),
i before NECNP could be admitted as a party.
On December 3, l
l 1981, the Staff filed a response taking the same position.
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PDR ADOCK 05000443 C
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On March 12, 1982 this Board issued a Memorandum and Order Setting Special Prehearing Conference (hereinafter
" Order").
Inter alia, the order directed that any amended petition to intervene must be filed not later than 30 days prior to the contemplated Special Prehearing Conference.
This would make the filing due on April 6, 1982.
On April 2, 1982, NECNP filed the request at bar entitled "NECNP Request for Clarification of Schedule for Filing Contentions or For an Extension of Time" (hereinafter " Request").
The Request seeks apparently relief in the alternative of either a decla-ration that HECNP need not file any contentions prior to the contemplated Special Prehearing Conference or the granting of an extension to NECNP which would permit NECNP to file its contentions on or before April 21, 1982.
As grounds for the request NECNP argues that it inter-preted the Order not to require the filing of contentions.
ARGUMENT The NECNP argument rings hollow.
The Order quoted in haec verba 10 CFR S 2.751a.
That regulation specifically lists as the first stated purpose of Special Prehearing Conferences the identification of the key issues in the proceeding."
10 CFR S 2.751a(a)(1).
Since in NRC operating license proceed-ings issues arise only out of contentions, it-is difficult to see how the order could have been read as not calling for con-tentions to be filed.
Certainly New Hampshire did not so interpret it.
See New Hampshire's " Motion for Filing Supple-1/
ment to Petition to Intervene.
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NECHP's suggestion that the provision of 10 CFR $ 2.714(b) which allows contentions to be filed up to 15 days before the special prehearing conference supports its position is without merit.
The Board is authorized by the regulations to vary deadlines of this nature especially when the deadline is phrased as "not later than".
See 10 CFR SS 2.718(e) and (1)
CONCLUSION The request should be denied in all respects.
Respectfully submitted, s/ Thomas G.
Dignan, Jr.
s/ R. E. Gad III s/ Ropes & Gray Tnomas G.
Dignan, Jr.
R.
K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for the applicants April 6, 1982
-1/ "This Order requires the State and the Attorney General to file their contentions thirty (30) days prior to the May 6, 1982 hearing, which filing deadline is April 6, 1982.
This allows the State and Attorney General only twenty (20) days' notice of the time for filing contentions."
(emphases added)
CERTIFICATE OF SERVICE
'82 APR 12 PP 16 I, Thomas G. Dignan, Jr., one of the attorneys for the applicants herein, hereby certify that on April 6,::1982 I made service of the within document by mailing copieshthereof, postage prepaid, to:
Robert A. Backus, Esquire Mr. Arnie Wight, Chairman 116 Lowell Street House Science and Technology F.C. Box 516 Committee Manchester, NH 03105 House of Representatives Concord, NH 03301 Mr. Tomlin P.
Kendrick Executive Director E. Tupper Kinder, Esquire Coastal Chamber of Commerce Assistant Attorney General of New Hampshire Office of the Attorney General 822 Lafayette Road 208 State House Annex F.C. Box 596 Concord, NH 03301 Hamp;on, NH 03842 Mr. Robert F. Preston Paul A.
Fritzsche, Esquire 226 Winnacunnet Road General Counsel Hampton, NH 03842 Public Advocate State House Station 112 Wilfred L. Sanders, Jr., Esquire Augusta, ME 04333 Sanders and McDermott Professional Association Philip Ahrens, Esquire 408 Lafayette Road Assistant Attorney General Hampton, NH 03842 Department of the Attorney General Roy P.
Lessy, Jr., Esquire Augusta, ME 04333 Office of the Executive Legal Director Jo Ann Shotwell, Esquire U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D.C.
20555 Environmental Protuction Division Public Protection Bureau Atomic Safety and Licensi.ng Department of the Attorney General Board Panel One Ashburton Place, 19th Floor U.S. Nuclear Regulatory Commission Boston; MA 02108 Washington, D.C.
20555 William S. Jordan, III, Esquire Atomic Safety and Licensing Appeal Harmon & Weiss Board Panel 1725 I Street, N.W.
U.S. Nuclear Regulatory Commission Suite 506 Washington, D.C.
20555 Washington, D.C.
20006
Donald L. Herzberg, M.D.
Ms. Patti Jacobson George Margolis, M.D.
3 Orange Street Hitchcock Hospital Newburyport, MA 01950 Hanover, NH 03755 Edward J. McDermott, Esquire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03842 Robert L.
Chiesa, Esquire Wadleigh, Starr, Peters, Dunn & Kohls 95 Market Street Manchester, NH 03101 Rep. Nicholas J. Costello Whitehall Road Amesbury, MA 01913 Cooperative Members for Responsible investment Box 65 Plymouth, NH 03264 Helen Hoyt, Chairperson Atomic Safety and Licensing EcErd Panel U.S. Nuclear Regulatory Commissicn Washington, D.C.
20555 Dr. Emmeth A.
Luebke Atomic Safety and Licensing Ecard Panel U.S. Nuclear Regulttory Commitsion Washington, D.C.
20555 Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 s/ Thomas G.
Dignan_. Jr.
Tnomas G.
Dignan, Jr.
.....