ML19253C641

Motion to Strike Applicant Answer to Metropolitian Area Planning Agency Request for Hearing.Alleges That Util Failed to Comply w/10CFR2.705.Questions Leboeuf,Lamb,Lieby & Macrae Authoritiy to Resist Hearing.Certificate of Svc Encl

ML19253C641
Person / Time
Site:	Fort Calhoun
Issue date:	10/30/1979
From:	Kirshen A KIRSHEN, A.H., METROPOLITAN AREA PLANNING AGENCY, OMAHA, NE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7912060612
Download: ML19253C641 (3)

Text

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Before TP.: I . AO y 4 9 C g NUCLEAR REGULATORY COMMISSION W A [N (5 Atomic Safety and Licensing Board Panel 5 In re  :

Application of  :

Docket No* 50-285 SP OMAHA PUBLIC POWER DISTRICT  :

(Fort Calhoun Station, Unit No. 1)  :

For Amendment to  :

Facility Operating License No. DPR-40  :

MOTION TO STRIKE ANSWER COMES NOW the Natural Resources Committee of the Citizens Advisory Board of the Metropolitan Area Planning Agency, by its Chairman and Attorney in fact Alan H. Kirshen, and comes now Alan H. Kirshen, individually (hereinafter " requestors")

and moves to strike the Answer of applicant omaha Public Power Commission, for reason that same does not comply with the requirements of Section 2.705, Title 10, Code of Federal Regulation in that same fails to state any matters required by Section 2.705 but instead is a substantive brief and argument against Requestor's Request for a Hearing in this cause, and for further reason that it is by no means clear what authority LeBoeuf, Lamb, Leiby and MacRae, Margaret R.A. Paradis and Harvey H. Voigt have in this matter, that these attorneys may be resisting a hearing in this matter 1506 125 youo so (o/ 4 p

without the knowledge and/or approval of the Omaha Public Power District, and accordingly should be required to produce written authorization from OPPO before the resistance to hearing is considered further.

WHEREFORE Requestors pray that the Consolidated Answer filed herein be stricken as failing to comply with Section 2.705 and for failure to demonstrate that same was done with the knowledge and approval of the Omaha Public Power District..

NATURAL RESOURCE COMMITTEE CITIZEN 5 ADVISORY BOARD METROP FIT AREA PLANNING AGENCY By Chai n d kt .n fact

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.'b fy c/o Cre% igntonjLAN H. KIRSHEN University School of Law l 2133 California Omaha, NE 68178

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October 30, 1979 1506 126

CERTIFICATE OF SERVICE I, Alan H. Kirshen, hereby certify that I served the foregoing Motion to Strike Answer on th3 1st day of November 1979, by mailing true copies thereof, postage prepaid, to all parties of record in the above-entitled proceeding, to counsel, to the members of the Atomic Safety and Licensing r7. /

Board Panel, and to the staff of the Commission as r' , aired by if '

Section 2.701, Title 10, Code of Federa R gulation.

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% ;1sGlan H. Kirshen

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1506 127