ML041550196

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Petitioners' Motion for Extension of Time to Reply to FENOC and Staff Responses to Objections
ML041550196
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 04/29/2004
From: Lodge T
- No Known Affiliation
To: Bollwerk G, Kelber C, Lam P
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
+adjud/rulemjr200506, 50-346-CO, ASLBP 04-825-01-CO, RAS 7862
Download: ML041550196 (4)


Text

KRAS 78 62 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION April 29, 2004 (4:37PM)

ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY Before Administrative Judges: RULEMAKINGS AND G. Paul Bollwerk, III, Chairman ADJUDICATIONS STAFF Dr. Charles N. Kelber Dr. Peter S. Lam In the Matter of ) Docket No. 50-346-CO FirstEnergy Nuclear Operating Co. ) ASLB No. 04-825-01-CO Davis-Besse Nuclear Power Station, Unit 1 ) April 29, 2004 PETITIONERS' MOTION FOR EXTENSION OF TIME TO REPLY TO FENOC AND STAFF RESPONSES TO OBJECTIONS Now come Michael Keegan, Donna Lueke, Joanne DiRando, and Nuclear Information and Resource Service (by Paul Gunter), Petitioners herein, and move the Board for leave to file on or before May 13, 2004 their replies to the responses filed by FirstEnergy Corp. and the NRC staff to the March 29, 2004 "Objections to Confirmatory Order Modifying License."

Presently, Petitioners' reply is due May 3, 2004.

FENOC and the NRC have, between them, filed approximately 30 total pages of factual and legal argument in opposition to the "Objections." A ruling favorable to them would be potentially dispositive of the issues raised by Petitioners. Each respondent took some 24 days to prepare and file its response. Fairness suggests that Petitioners ought to have at least 20 days to prepare theirs.

Counsel for both FENOC and the NRC have signified via electronic message that neither respondent has an objection to the grant of this request.

While counsel for Petitioners acknowledges that he has not tendered this Motion within the three business days prior to the Tezrplate= SEc y- -Il sEc -6_

current May 3, 2004 deadline as contemplated by the Board,' it is being submitted two (2) days in advance, and hopefully the Board will agree that this noncontroversial request should be granted in the interests of justice.

WHEREFORE, Petitioners pray the Board grant them until May 13, 2004 to file their replies. AV411 /

Terry J. Lo ge Counsel for Individual Petitioners See April 15, 2004 "Memorandum and Order" in this proceeding, p. 5.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

G. Paul Bollwerk, III, Chairman Dr. Charles N. Kelber Dr. Peter S. Lam In the Matter of )

FirstEnergy Nuclear Operating Co. ) Docket No. 50-346-CO Davis-Besse Nuclear Power Station, Unit 1 ) April 29, 2004 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing PETITIONERS' MOTION FOR EXTENSION OF TIME TO REPLY TO FENOC AND STAFF RESPONSES TO OBJECTIONS have been served upon the following persons via deposit of paper copies in the U.S. first-class mail as indicated by an asterisk

(*), and via electronic mail as indicated by a double asterisk (**):

Office of Commission Appellate Adjudication* **

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge G. Paul Bollwerk, III, Chair* **

Atomic Safety and Licensing Board Panel Mail Stoip - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: gpb@nrc.gov Administrative Judge Charles N.. Kelber* **

Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: cnk@nrc.gov Administrative Judge Peter S. Lam* **

Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington; DC 20555-0001 E-mail: psl@nrc.gov

Lew W. Myers*

Chief Operating Officer FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760 E-mail: lwmyers@firstenergycorp.com Steven P. Frantz, Esq.**

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W.

Washington, DC 20004 E-mail: sfrantz@morganlewis.com Lisa Clark, Esq.**

Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop 0 15-D21 Washington, D.C. 20555 lbc@nrc.gov 7.110T Counsel for Individual Petitioners