ML17207A847
| ML17207A847 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie |
| Issue date: | 02/05/1980 |
| From: | Anderson T ANDERSON, T.J. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8002270035 | |
| Download: ML17207A847 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before 'the Atomic Licensing And Licensing Appeal Board Michael C. Farrar, Chairman and presiding officer In the Matter of
)
)
FLORIDA POWER 6 LIGHT COMPANY
)
(St. Lucie Nuclear Power Plant,)
Unit No.
2)
)
Docket No. 50-389 Motion for Leave to File Intervenors move that the Appeal Board grant leave to file the enclosed Intervenors'eply and in support of this motion intervenors state:
1.
On December 14, 1979, the Appeal Board granted FPL and the staff leave to respond to intervenors motion requesting consideration of class 9 accidents by January 18,
- 1980, and granted intervenors leave to file a reply within two weeks thereafter (Tr. pp. 877-79).
2.
The undersigned counsel received a copy of FPL's response on or about January 18, 1980, but did not receive a
copy of the staff's response until January 29 and co-counsel, Mr. Hodder, received it in the mail on January 24, 1980.
3.
Because of the delay in the mail and the confusion over'hether' copy had bee'n sent to the undersigned, Inter-venors'eply was not completed and,mailed until February 5,
19 80.
4.
Under Commission rules, because the responses were served by mail, intervenors would have two weeks plus five days or until February 6,
1980, to file their reply.
10 CFR 5 2.710.
Because confusion has arisen over whether the Appeal r
Board intended this rule to apply when it granted intervenors leave 'to reply, intervenors have submitted this motion.
Respectfully submitted, Terence J. Anderson University of Miami School
~ of Law-Coral Gables, Florida 33134 (305) 284-2253 or 2971
Ce'r't-ificate of Service certify that on Feb'ruary ',
- 1980, an envelope containing a copy of the foregoing Motion for Lea've to File and of Znter-venors'eply and bearing proper postage addressed to each of the persons named in the appended Service List was deposited in the United States'ail.
,/
"/
Terence J. >Anderson
,an attorney for intervenors February 5,
1979.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY
& LICENSING APPEAL BO'ARD In the Matter of:
)
)
FLORIDA POWER
& LIGHT COMPANY
)
)
(St. Lucie Nuclear Power Plant,
)
Unit 2)
Docket No. 50-389 SERVI'CE LIST Mr. Samuel J. Chilk Secretary, U.S. Nuclear Regulatory Commission Attn:
Mr. C.R.
Stephens Chief Docketing and Service Section Washington, DC 20555 Michael. C. Ferrar, Esquire Chairman Atomic Safety
& Licensing Appeal Board Nuclear Regulatory Commission Washington, DC 20555 Edward Luton, Esquire Chairman Atomic Safety
& Licensing Board Panel Nuclear Regulatory Commis-sion Washington, DC 20555 Michael Glaser, Esquire Alternate Chairman Atomic Safety
& Licensing Board 1150 17th Street, N.W.
Washington, DC 20036 Dr.
W. Reed Johnson Atomic Safety
& Licensing Appeal Board Nuclear Regulatory Commission Washington, DC 20555 Richard S.
- Salzman, Esquire Atomic Safety
& Licensing Appeal Board Nuclear Regulatory Commission Washington, DC 20555 Dr. Marvin M. Mann Technical Advisor Atomic Safety
& Licensing Board Nuclear Regulatory Commis-sion Washington, DC 20555 Dr. David L. Hetrick Professor of Nuclear;En-gineering University of Arizona
- Tucson, AZ 85721
~
~
Alan S. Rosenthal, Esquire Chairman Atomic Safety
& Licensing Appeal Panel Nuclear Regulatory Commission Washington, DC 20555 Dr. Frank F. Hooper Chairman Resource Ecology Program School of Natural Resources University of Michigan Ann Arbor, MI 48104 Harold F. Reis, Esquire Lowenstein, Newman, Reis, Azelrod
& Toll 1025 Connecticut Ave., N.W.
Washington, DC 20036 Norman A. Coll, Esquire
- Steel, Hector S Davis Southeast First National Bank Building Miami, FL 33131 William D.. Paton, Esquire Counsel for NRC Regulatory Staff Nuclear Regulatory Commis-sion
,Washington, DC 20555 William J.
- Olmstead, Esquire Nuclear Regulatory Commis-sion Washington, DC 20555