ML19224D694
| ML19224D694 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 05/21/1979 |
| From: | Gibbs M ISHAM, LINCOLN & BEALE |
| To: | |
| References | |
| NUDOCS 7907160120 | |
| Download: ML19224D694 (3) | |
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,v sw UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g/
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Before the Atomic Safety and Licensing Board In the Matter of the Application of
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Public Service Company of Oklahoma,
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Associated Electric Cooperative, Inc.) Docket Nos. STN 50-556 and
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STN 50-557 Western Farmers Electric Cocperative )
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(Black For Station, Units 1 and 2)
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MOTION FOR LEAVE TO FILE REPLY The NRC Staff filed a pleading entitled "NRC Staff Answer to State of Oklahoma's Motion for Inlefinite Stay on Issuance of an Initial Decision and Intervenors' Motion to Reopen the Record" on May 18, 1979.
While the NRC Staff's pleading is an answer to two motions, and the Nuclear Regu-latory Commission's Mules of Practice do not pro" J. ror replies to answers to motions, Public Service Company of Oklahoma, Associated Electric Cooperative, Inc., and Western Farmers Elect ric Cooperative
(" Applicants") believe that a reply is just: fied in this instance.
Therefore, Applicants move the \\tomic Safety and Licensing Board
(" Licensing Board") to grant Applicants leave to file a reply to the NRC Staff's pleading and establish Me" 31, 1979, as the date by which t.te reply must be filed.
This course of action is warranted because the relief requested by the NRC Staff is different from that requested by the Attorney General for the State of Oklahoma 7907160' '
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. (" Attorney General") and Citizens' Action for Safe Energy, Lawren_e Burrell and Ilene Younghein ("Intervenors") in their respective motions.
The Attorney General has asked that the issuance of the Partial Initial Decision be stayed pending the outcome of certain investigationo; Intervenors have requested an immediate reopening of the record.
The NRC Staff, although stating that certuin portions of those requests should be denied, has asked this Licensing Board tt defer its rulings on the Attorney General's and Intervenors' motions until the NRC Staff has evaluated the saiety ramifi-cations of the Three Mile Island accident and determined their applicability to Black Fox.
E"cause this is a differ-ent remedy from that sought by the Attorney General and Intervenors, Applicants' responses to those parties' plead-ings do not adequately address the instant issue.
In addi-tion, Applicants believe that toe NRC Staff has in its answer misstatec its duties under the doctrine set forth in Duke Power Company (William B.
McGuire Nuclear Station, Units 1 and 2), ALAB-143, 6 AEC 623 (1973).
Therefore, Applicants would Jike the opportunity to express their views an this subject in a reply to the NRC Staff's answer.
If the NRC Staff's pleading were treated as a mo-tion, the answer would be due on June 4,
1979.
Applicants have requested only until May 31, 1979, in which to file their pleading.
Counsel for all parties have stated that they hr.ve
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no objection to this Motion.
For good cause shown, Applicants' Motion should be granted.
Respectfully submitted, A
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Martha E. Gib C One of the Attorneys for Applicants ISIIAM LINCOLN & BEALE Onc First National Plaza - 4200 Chicago, Illinois 60603 312/558-7500 Ma, 21, 1979 I,
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