ML19210E137

Motion for Extension Until 791123 to File Brief in Support of Contentions Rejected at 790919 Prehearing Conference. Intervenor Atty Unable to Perform Duties Due to Illness & Another Commitment.W/Affiidavit & Certificate of Svc

ML19210E137
Person / Time
Site:	05000599, 05000600
Issue date:	11/06/1979
From:	Sekuler S ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911300163
Download: ML19210E137 (6)

Text

4 C PUBLIC DOCUMENT ROOM " (- KQ-UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION ') ,

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ATOMIC SAFETY AND LICENSING BOARD ' Y #

.o John F. Wolf, Chairman , [ 's t--

Dr. Robert L. Holton d . N C Glenn O. Bright ,,M ~ /

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<t IN the Matter of )

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COMMONWEALTH EDISON COMPANY, et al. ) Docket Nos. S50-599

) S50-600 (Carroll County Site) )

INTFRVENOR'S MOTION FOR EXTENSION OF TIME Intervenor, the PEOPLE OF THE STATE OF ILLINOIS (Illinois),

hereby requests an extension of time to file its brief in support of Contentions rejected by the Board. In support of its Motion Intervenor states:

1. Pursuant to the Board's Order of July 30, 1979, a Special Prehearing Conference was held on September 19, 1979 in the Nahman Diehl Auditorium, Intersection of U.S. 64 and Illinois Route 78, Mt.

Carroll, Illinois 60153.

2. On October 10, 1979 the Board issued a Piemorandum of Special Prehearing Conference and Order in which the Board set forth the contentions which were tentatively accepted for the adversary proceedings.

1438?63 g 7 9113 00 Ib

3. The parties were each given thirty (30) days in which to file briefs in support of contentions rejected by the Board.

4. Intervenor received the motion on October 15, 1979.

From that date 25 days remained to file a brief.

5. Attorney for intervenor has been unable to adequately research and draft a response in the 25 day period because a) Intervenor's Attorney has been ill and unable to work for several days, from October 23 - October 30, 1979.

b) From October 31 to November 5 Intervenor's Attorney was attending to business in New York which had been committed to prior to October 10, 1979.

6. It would be a considerable hardship to require Intervenor to draft and file a Brief in less than one week, particularly because said brief is subject to administrative review prior to filing, which i review normally requires several days.

'. As the Nuclear Regulatory Commission has indicated that its Draft Safety and Environmental Evaluations will not be available until June, 1980, a two week extension of time for filing Intervenor's brief will injure no party and will not unduly delay these proceedings.

WHEREFORE, the PEOPLE OF THE STATE OF IIIINOIS moves the Atomic Safety and Licensing Board to grant this Motion for Extension of Time and to allow Intervenor to file its Brief in Support of Contentions Rejected at the Pre-Hearing Conference on November 23, 1979.

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Intervenor is authorized to state that Commonwealth Edison and the NRC do not object to an extension of time so long as all parties are granted said extension.

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Respectfully submitted,[

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SUSAN N. GsKULER Assistant Attorney General Environmental Control Division 188 West Randolph, Suite 2315 Chicago, Illinois 60601 (312) 793-2491 DATED: November 6, 1979 i43(, ?65

UNITED STATES OF AMERICA NUCLEAR REGULATORY COlMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD AFFIDAVIT -

I, SUSAN N. SEKULER, an attorney, hereby certify the following in support of the foregoing INTERVENOR'S MOTION FOR EXTENSION OF TIME:

1. That I am an Assistant Attorney General with the Environmental Control Division of the Office of the . ':torney General of Illinois:

2. That I am of counsel for the State of Illinois in the matter of Commonwealth Edison Co., Carroll County Site; Docket Nos.

S50-599 and S50-600;

3. That all facts alleged in the MOTION FOR EXTENSION OF TIME attached hereto are true to the best of my knowledge and belief.

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SUSAN N. SEKI.ZER -

SUBSCRIBED AND SWORN TO BEFORE ME THIS 9 DAY OF NOVEMBER, 1979.

' .id-g NOTARY PUBLIC 143b 266

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

COMMONWEALTH EDISON COMPANY, et al. ) Docket Nos. S50-599

) S50-600 (Carroll County Site) )

CERTIFICATE OF SERVICE I hereby certify that copies of "Intervenor's Motion for Extension of Time" have been served upon the following by deposit in the United States Mail, first class, postage prepaid this 6th day of November, 1979 John F. Wolf, Esq. Chairman Thomas J. Miller 3409 Shepherd Street Attorney General of Iowa Chevy Chase, Maryland 20015 State Capital Complex Des Monies, Iowa 50319 Mr. Jim Dubert c/o Iowa Socialist Party Atomic Safety & Licensing Board 2801 1/2 West Street Panel Ames, Iowa 50010 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel Docketing & Service Section U.S. Nuclear Regulatory Conmission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Nashington, D.C. 20555 Mr. James Runyon 1316 Second Avenue Dr. Robert L. Holton P.O. Box 307 School of Oceanogrophy Rock Island, Illinois 61201 Oregon State University Corvallis, Oregon 97331 Mr. Glenn O. Bright Atomic Safety & Licensing Board Mr. James C. Schwab U.S. Nuclear Regulatory Commission State Coordinator Mashington, D.C. 20555 Iowa Public Interest Research Group, Inc.

Mr. John W. Cox, Jr. 36 Memoria Union, Iowa State Jo Daviess County Ad Hoc University, Ames, Iowa 50010 Committee on Nuclear Energy Information, 906 Campbell St.

Galena, Illinois 61036 14 jh! 167

2-Philip P. Steptoe, Esq. Mr. Edward Gogol Isham, Lincoln & Beale 6105 W. Winthrop One First National Plaza Chicago, Illinois 60660 Chicago, Illinois 60603

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, TM6 <- .. t %C SUSAN N. SEKULER 1434 268