ML20153G037

Responds to Addressed to Chairman Jackson,Which Encl Copy of from RA Backus,Requesting Chairman Consideration of Request for Hearing Filed by Backus on Behalf of Sapl.With Certificate of Svc.Served on 980925

ML20153G037
Person / Time
Site:	Seabrook
Issue date:	09/25/1998
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	Gregg J SENATE
References
CON-#398-19566 CLI-98-18, LA, NUDOCS 9809290328
Download: ML20153G037 (3)

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NUCLE AR REGULATORY COMMISSION 8

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September 25, 1998

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The Honorable Judd Gregg United States Senate Washington, D.C. 2051o

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Dear Senator Gregg:

l I am responding to your letter dated September 4,1998, addressed to Chairman Jackson.

Your letter, which encloses a copy of a letter dated August 5,1998 sent to you from Robert A.

Backus, an attorney representing the Seacoast Anti Pollution League (SAPL), requests the Chairman's consideration of a request for hearing filed by Mr. Backus on behalf of SAPL in connection with a proposed license amendment for the Seabrook Station, Unit 1 reactor. This matter is currently pending before an Atomic Safety and Ucensing Board (ASLB) at the Nuclear Regulatory Commission and, therefore, it would be inappropriate to com.ient further on the issues raised. However, I am enclosing a copy of CLI-9u-18, a Commission decision issued on

. September 17,1998. Pursuant to that Order, proceedings before the ASLB are halted pending Commission consideration of the " segmentation" issue.

Because the litigation is ongoing, your letter, Mr. Backus's letter, and this response wS be served on the parties to the proceeding as well as the Atomic Safety and Licensing Board.

Your correspondence is appreciated.

Sincerely,

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John C. Hoyl Secretary of the Commission Enclosure; As stated 9809290328 900925 P PdR ADOCK 05000443 0

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UNITED STATES OF AMERICA l'

NUCLEAR REGULATORY COMMISSION

% SEP 17 A9 :46 COMMISSIONERS:

Shirley Ann Jackson, Chairman

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Rc Nils J. Diaz ADJU r

Edward McGaffigan, Jr.

l SERVED SEP 171993 in the Matter of

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NORTH ATLANTIC ENERGY

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SERVICE CORPORATION

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Docket No. 50-443-LA

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(Seabrook Station Unit No.1)

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CLI-98-18 ORDER The Atomic Safety and Licensing Board recently ruled on two petitions to intervene in this proceeding on an application by North Atlantic Energy Service Corporation (NAES amend its operating license for the Seabrook Station, Unit 1 nuclear reactor. LBP-98-23,48 (Sept. 4,1998). The Board granted intervention to the Seacoast Anti-Pollution NRC League (SAPL) and denied intervention to the New England Coalition on Nuclear Pollu

- (NECNP). The Board's order also requested the parties to provide further information SAPL's argument against " segmentation," Le, that license applicants should not be p a

to effectuate a major operational change requiring severallicense amendments through separate amendments requests rather than through a single request. SAPL reasons

.without reviewing the change as a whole, the NRC may be unable to accurately assess actual safety implications of the overall change. BL, slip op. at 21.

The " segmentation" issue is novel and has broad implications for this and other proceedings. It is the type of issue that we discussed in our Statement of P in 6P vvh>9tr oy g..

_. _. _.. _. _. - ~ _. _. _ _. _ _ _ _

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2 Adjudicatory Proceedings that "could benefit from early Commission review." CLI-98-12,48 NRC

' CL123-12,48 NRC

. slip op. at 8 (July 28,1998). Therefore, we exercise our inherent supervisory authority over the conduct of proceedings to take sua sponte review of

" segmentation" issue. Sag Baltimore Gas & Electric (Calvert Cliffs Nuclear Power Plant, and 2), CLl-98-15,48 NRC

~ (Aug. 26,1998), slip op. at 4 5. Our decision to take review c

overtakes the Board's request in LBP 98-23 for the parties to provide it additional information We direct the Board to halt all on the segmentation issue. Sgg LBP-98-23, slip op. at 22-24.

proceedings before it pending further Commission order. ' Additionally, in the interest o

^

expedition and economy of effort, rather than await any appeal of the Board's rulings g and denying intervention pursuant to 10 C.F.R. 6 2.714a, the Commission also takes syg sponte review of the Board's intervention rulings. In sum, the parties are free to file briefs supporting or opposing any aspect of the Board's ruling in LBP-98-23, and to address, a deem necessary, any of the questions posed by the Board on pages 23-24 of its order.

In addition to any issue of concern to the parties, their briefs should address the

- following Board statements:

1. "Except perhaps for egregious pleading defects, it is not good policy to dismiss contentions merely for procedural reasons, especially where, as here, the challenged

. slip

- activities potentially could affect public health and safety." LBP-98-23,47 NRC op. at 16.

2. " Federal agencies should not allow an applicant to present licensing actions l

separately if such separate actions are part of a common action which has greater adverse consequences. LBP-98-23,47 NRC _

. slip op. at 21.

To expedite our review, we have decided to order simultaneous rather than seq briefs. All briefs filed before the Commission in accordance with this o manner to ensure receipt by midnight Eastern Time, on their due date. The Commission the following briefing schedule:

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1. All parties, including NECNP (if it desires), may file a brief no later than October 7,1998. The briefs shall not exceed 30 pages.

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2. Each party, including NECNP, may file a single responsive brief addressing allissues l

in the other parties' briefs on which it wishes to be heard, no later than October 14, 1998. The responses may not exceed 20 pages.

I After receiving these responses, the Commission may schedule oral argument to 1

discuss these issues if it deems such argument necessary.

IT IS SO ORDERED.

For the Commission 4

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[/ John C. Hoyle' gdkigt

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D,% t (,y cf Secretary of the Commission g

4*+H Dated at Rockville, Maryland, this @ day of September,1998.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTH ATLANTIC ENERGY SERVICE Docket No.(s) 50-443-LA

.C0RPORATION (Seabrook Station, Unit No. 1)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER (CLI-98-18) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate

8. Paul cotter, Jr., Chairman Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T-3 F23 U.S. Nuclear. Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board Panel Linda W. Little Mail Stop - T-3 F23 ASL8P U.S. Nuclear Regulatory Commission 5000 Hermitage Drive Washington, DC 20555 Raleigh, NC 27612

• Robert A. Backus, Esq.

• • Steven R. Hom, Esq.

Backus, Meyer, Solomon, Rood & Branch Office of the General Counsel Mail Stop 15 818 P.O. Box 516 U.S. Nuclear Regulatory Commission Manchester, NH 03105 Washington, DC 20555

• Lillian M. Cuoco, Esq.

• David A. Repka, Esq.

Senior Nuclear Counsel Winston & Strawn Northeast Utilities Service Company 1400 L Street, N.W.

P.O. Box 270 Washington, DC 20005 Hartford, CT 06141 Faxed Hand Delivered

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Docket No.(s)S0-443-LA COMISSION ORDER (CLI-98-18)

Dated at Rockville, Md. this 4 /

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17 day of September 1998 (Antsi u 'l< Q t% tL44>sS -

Office of the Secretar$ of the C6mmission i

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omCES JUDD GREGG

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28 WEBSTER STREET COMMITTEES-MANCHESTER. NH 03104 WASHINGTON. Oc 20510-2904 BUDGET i603i622-7979 1202)224-3324 APPROPRIATIONS September 4,1()()8 oj[7J%

LABOR AND HUMAN RESOURCES i6031752-2604 99 PE ASE BOULEVARD PORTSMOUTH, NH C380 t 1603i431-2171 The Honorable Shirley A. Jackson, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Shirley:

Enclosed please find a copy of a letter from a constituent of mine, RoDert Backus, Esq., of Manchester, NH, who is representing the Seacoast Anti-Pollution League. On behalf of the Seacoast Anti-Pollution Ixague, he has filed four contentions with the Nuclear Regulatory Commission and is requesting a full hearing on this matter in the NH Seacoast area.

I would appreciate your consideration and attentiveness to this matter. Thank you in advance for your prompt reply.

Sincerely, Judd regg U.S. Senator JG/rmi Enclosure 3

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"' * " 8 O. J. W4A.NCH WeseCYC IdaF w i~ nocc,tve m F Alt 18036 ct.n e;7Wu August 5,1998 Honorable Judd Gregg United State Senate Washington, DC 20510 This is to advise you that, since my last correspondence, the client d

Seacoast Anti-Pollution League has joined with another citizen org Coah6en on Nuclem Pollution, and filed four contentions with the NR i

J kson exemption request. These concems are set forth in the June 5,1993 letter i

which was copied to you. The concems, briefly, are: first, the substant a di the of the steam generator tubes; second, the additional stress on the fue i

that operational run by 33% to two years; third, the increased use of on line nity to extending the operational run un!I require, and, equiprnent.

d Ar. this time, the NRC has appointed a three person Atomic Safet di f

which :s the equivalent of a ITial court for the ag i

August Thereafter, I expect the Bond was schedule a pre-hearing co admissibility of the contenuons.

h We believe these contentions present impottant safety issues a f

ing competition, exemption request is to improve the economics of the plant in the face o on but at the cost of seducing the present mugin of safety.

We would like your support for a full heanng into these contuntions, and know, the proceedings on these coutentions be held in the N i

thhis the area of coocern Thank you for your consideration of this maner. If you need 1

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pleaselet me know,

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Vay truly yours,

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Robert A.Backus,Esq.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTH ATLANTIC ENERGY SERVICE Docket No.(s) 50-443-LA CORPORATION (Seabrook Station, Unit No. 1)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing H0YLE LTR TO SENATOR GREGG have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate B. Paul Cotter, Jr., Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555

]

Administrative Judge Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board Panel Linda W. Little Mail Stop - T-3 F23 ASLBP U.S. Nuclear Regulatory Commission 5000 Hermitage Drive Washington, DC 20555 Raleigh, NC 27612 H

i Steven R. Hom, Esq.

Robert A. Backus, Esq.

Office of the General Counsel Backus, Meyer, Solomon, Rood & Branch Mail Stop 15 B18 P.O. Box 516

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U.S. Nuclear Regulatory Commission Manchester, NH 03105 Washington, DC 20555 Lillian M. Cuoco, Esq.

David A. Repka, Esq.

Senior Nuclear Counsel Winston & Strawn Northeast Utilities Service Company _

1400 L Street, N.W.

Hartford, CT 06141_

Washington, DC 20005 P.O. Box 270

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Docket No.(s)50-443-LA H0YLE LTR TO SENATOR GREGG l'

Dated at Rockville, Md. this 25 day of September 1998 l

Office of the Secretary oVthe Comm1Hion i

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