ML19029A760

Applicant'S Request for an Extension of Time to Respond to Intervenors' Motion to Reopen Coleman'S Contentions Two & Six for Receipt of Newly Discovered Evidence & Motion for Reconsideration of Dismissal of Coleman'S Contention No. 13.

ML19029A760
Person / Time
Site:	Salem
Issue date:	08/10/1979
From:	Rader R Conner, Moore & Corber, Public Service Electric & Gas Co
To:	Office of Nuclear Reactor Regulation
References
Download: ML19029A760 (5)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PUBLIC SERVICE ELECTRIC AND GAS Docket No. 50-272 COMPANY, et al. (Proposed Issuance of Amendment to Facility (Salem Nuclear Generating Operating License Station, Unit 1) No. DPR-70)

APPLICANT'S REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO INTERVENORS ' "MOTION TO REOPEN COLEMAN'S CONTENTIONS TWO .AJ.'1D SIX FOR RECEIPT OF NEWLY DISCOVERED EVIDENCE" AND "MOTION FOR RECONSIDERATION OF DISMISSAL OF COLEM.:z\N'S CONTENTION NUMBER THIRTEEN" Intervenors Alfred C. Coleman, Jr. and Eleanor G. Coleman

("Interveno_rs") have moved the Atomic Safety and Licensing Board ("Board") herein to reopen consideration of Contentions two and six, and to reconsider the Board's earlier dismissal of Contention thirteen. Public Service Electric and Gas Company

("Applicant") requests an extension of time until August 31, 1979, within which to respond to Intervenors' motion. The additional time is required because Mr. Wetterhahn, counsel for the Applicant, is presently in Cincinnati engaged in licensing proceedings before a different Atomic Safety and Licensing Board and will also be out of town next week. Mr. Wetterhahn is the only attorney in his law firm who has responsibility for the representation of the Applicant in the instant proceed-ing. Upon his return, it will be necessary for Mr. Wetterhahn to review Intervenors' motion, do legal research and possibly obtain an affidavit in opposition to the motion.

Further, Mr. Fryling, house counsel for the Applicant, has been ill for some time and has not yet returned to work.

His assistance will also be required. The brief extension

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requested will not unduly delay this proceeding.- Mr. Smith of the NRC Staff and Mr. Onsdorff, representing the Coleman Intervenors, do not object to this request for an extension.

Respectfully submitted, CONNER, MOORE & CORBER Robert M. Rader Counsel for the Applicant

~/ It is noted that this Board, by Order dated August 2, 1979, recently granted a similar extension of time to the NRC Staff to respond to Board Question No. 4.

UNITED STATES OF A.i.'1ERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE ELECTRIC AND GAS Docket No. 50-272 C0~1PANY, et al. (Proposed Issuance of Amendment to Facility (Salem Nuclear Generating Operating License Station, Unit 1) No. DPR-70)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Applicant in the captioned matter. In accordance with §2.713, 10 C.F.R. Part 2, the following information is provided:

Name Robert M.. Rader Address Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.

Suite 1050 Washington, D. C. 20006 Telephone Number Area Code 202/833-3500 Admission United States Court of Appeals District of Columbia Circuit Name of Party Public Service Electric and Gas Company Robert M. Rader Dated at Washington, District of Columbia, this day of August, 1979.

UNITED STATES OF AflERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

PUBLIC SERVICE ELECTRIC AND GAS ) Docket No. 50-272 COMPANY, et al. ) (Proposed Issuance of

) Amendment to Facility (Salem Nuclear Generating ) Operating License Station, Unit 1) ) No. DPR-70)

CERTIFICATE OF SERVICE I hereby certify that copies of "Applicant's Request for an Extension of Time to Respond to Intervenors' 'Motion to Reopen Coleman's Contentions Two and Six for Receipt of Newly Discovered Evidence' and 'Motion for Reconsideration of Dismissal of Coleman's Contention Number Thirteen' 11 and "Notice of Appearance,"

both dated August 10, 1979, in the captioned matter, have been served upon the following by deposit in the United States mail, this 10th day of August, 1979:

Gary L. Milhollin, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety Licensing Board Panel and Licensing Board U.S. Nuclear Regulatory 1815 Jefferson Street Commission Madison, Wisconsin 53711 Washington, D.C. 20555 Mr. Frederick J. Shon Barry Smith, Esq.

Member, Atomic Safety and Office of the Executive Licensing Board Panel Legal Director U. S-.* Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. James C. Lamb, III Richard Hluchan, Esq.

Member, Atomic Safety and Deputy Attorney General Licensing Board Panel Department of Law and 313 Woodhaven Road Public Safety Chapel Hill, N.C. 27514 Environmental Protection Section Chairman, Atomic Safety and 36 West State Street Licensing Appeal Board Panel Trenton, N.J. 08625 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Richard Fryling, Jr., Esq. Carl Valore, Jr., Esq.

Assistant General Solicitor Valore, McAllister, Aron Public Service Electric & Westmoreland

& Gas Company Mainland Professional Plaza 80 Park Place P. 0. Box 175 Newark, N. J. 07101 Northfield, N. J. 08225 Keith Onsdorff, Esq. Office of the Secretary Assistant Deputy Public Advocate Docketing and Service Section Department of the Public Advocate U.S. Nuclear Regulatory Division of Public Interest Conunission Advocacy Washington, D. C. 20555 Post Off ice Box 141 Trenton, N. J. 08601 June D. MacArtor, Esq.

Deputy Attorney General Sandra T. Ayres, Esq. Tatnall Building, P. O. Box 1401 Department of the Public Advocate Dover, Delaware 19901 520 East State Street Trenton, N. J. 08625 Mr. Alfred C. Coleman, Jr.

Mrs. Eleanor G. Coleman 35 "K" Drive Pennsville, New Jersey 08070 Robert M. Rader