ML19332D581

Applicant Request for Commission Consideration of Applicant Answer to Intervenors Motion for Extension of Time to File Application for Stay of LBP-89-28.* Intervenors Motion Should Be Denied Due to Untimeliness.W/Certificate of Svc

ML19332D581
Person / Time
Site:	Seabrook
Issue date:	11/20/1989
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	NRC COMMISSION (OCM)
Shared Package
ML19332D582	List: ML19332D581 ML19332D586
References
CON-#489-9473 LBP-89-28, OL, NUDOCS 8912040172
Download: ML19332D581 (2)

Text

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i f I November 20, 1989 1 UNITED STATES OF AMERICA W g g before the g(> 4 DOCTITED NUCLEAR REGULATORY COMMISSION _

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In the Matter of 4> [ LONC ,

y, n PUBLIC SERVICE COMPANY Docket Nos. 5 0-4 4 3'd ' ,

OF NEW HAMPSHIRE,'gi al. 50-444-0 ,

(Seabrook Station, Units 1 (Offsite Emergency and 2) Planning and Safety Issues)

APPLICANTS' REQUEST FOR COMMISSION CONSIDERATION OF APPLICANTS' ANSWER TO INTERVENORS' NOTION FOR EXTENSION OF TIME TO FILE AN APPLICATION FOR A STAY OF LBP-89-28 .

TO THE COMMISSION:

Applicants respectfully represent as follows:

1. Under date of November 17, 1989, The Attorney General of The Commonwealth of Massachusetts (MAG) on behalf of himself and New England Coalition on Nuclear Pollution (NECNP) and Seacoast Anti-Pollution League (SAPL) , filed and se'ved r by telefax a " Motion for Extension of Time to File an Application for Stay of LBP-89-28" ("the Motion").

2. Later on that same day in the afternoon, Applicants filed and served by Federal Express an answer to the Motion, a copy of which answer is attached hereto and marked "A."

EX28 CORE.SB 9912040172 891120 PDR ADOCK 05000443 o eDR yo3

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3. After 5:00pm on that same day, Applicants' received an order from the Appeal Board referring the Motion to the Commission. This Order obviously was issued prior to the time the Appeal Board had received Applicants' Answer.

4. Applicants' Answer demonstrates that the Motion should be denied as a matter of law because it is filed well out of time.

WHEREFORE, Applicants respectfully request that the Commission consider the Answer attached hereto and marked "A" in its consideration of the Motion referred by the Appeal Board.

Respectfully submitted, n

Thomas G. Dignan', ~J r.

George H. Lewald Jeffrey P. Trout Jay Bradford Smith Geoffrey C. Cook William L. Parker Ropes & Gray One International Place Boston, MA 02110-2624 (617) 951-7000 counsel for Applicants i