ML19256A906
| ML19256A906 | |
| Person / Time | |
|---|---|
| Site: | Hartsville  |
| Issue date: | 12/21/1978 |
| From: | Ellis L ELLIS, L.J. |
| To: | |
| References | |
| NUDOCS 7901170024 | |
| Download: ML19256A906 (5) | |
Text
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NUCLEAR REGULATORY COMMISSION m
Before the Atomic Safety and Licensing Appeal Board up m+
In the Matter of
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TENNESSEE VALLEY AUTHORITY
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Dccket Nos.
STN 50-518
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STN 50-519 (Hartsville Nuclear Plants
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STN 50-520 Units lA, 2A, 1B, and 23)
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STN 50-521 MOTION CF INTERVENORS TO EXTEND TIME TO FILE BRIEF On Decer.ber 19, 1978 Intervenors filed and served by mail their brief addressed to the Atomic Safety and Licensing Appeal Board, said brief being headed BRIEF IN SUPPORT OF EXCEPTIONS OF INTERVENORS, 'VILLIAM N.
YOUNG, ET AL, TO THE DECISION ON MOTION FOR
SUMMARY
DISPOSITION CF THE ATOMIC SAFETY AND LICENSING BOARD DATED CCTOBER 31, 1978.
Intervenors had filed and served exceptions to the October 31, 1978 decision en November 15, 1978.
Intervenors file this motion pursuant to 10 CFR Section 2.711, to request an extension of three days in the time permitted by 10 CFR Section 2.762 for the filing of brief s in support of exceptions, and to have their December 13, 1978 brief accepted for filing and consideration en the merits.
The grounds for this motion are :
(1) The brief was filed late because counsel for the Intervenors miscalculated the filing deadline.
7 9 0117 0 0 Sli
(2)
The issues involved in the Intervenors' appeal from the October 31, 1978 decision of the Licensing Board are narrow in scope, but significant.
At issue is the co rrectnes s of the Licensing Board's granting of a motion filed by the applicant, Tennessee Valley Authority, for sunnary disposition on the acceptability of its proposed location of the discharge diffuser.
The thrust of the Intervenors' exceptions and br ie f is simply tha t a genuine issue exists as to the protection of an endangered species (under the Endangered Species Act of 1973) from operation of the plant with the dif fuser at the proposed location.
(3)
No prejudice to any party is evident from the three day delay in submission of the Intervenors' brief.
This Board affirmed the Licensing Board's authorization of construction permits for the plant on March 17, 1978, ALAB -4 6 3, 7NRC 341 (1978), reversing only as to the acceptability of the discharge diffuser location.
Construction permits, issued foll owing the Licensing Board's initial decision of April 28, 1977, remain in effect.
A supporting affidavit is attached.
Resp ct# lly,
- tted,
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L
!.ERO Y J.
PLsIS, III The Cha c ry Building 421 Char otte Avenue Nashville, Tennessee 37219 Attorney for Intervenors December 21, 1978
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
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TENNESSEE VALLEY AUTHORITY
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Dccket Nos.
STN 50-518
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STN 50-519 (Hartsville Nuclear Plants
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STN 50-520 Units lA, 2A, 18, and 28)
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STN 50-521 AFF I DAV IT LEROY J.
ELLIS, III, first being duly sworn, deposes and says:
I was unaware, until te ing telephoned today by a repre-sentative of the NRC, tha t the Intervenors' brief dated December 18, 19 78 was mailed late.
Obviously it was due on December 15.
I and my co-counsel, Robert B. Pyle had a due date of December 16 in mind, and that date falling on a Saturday, we scheduled the filing on Monday, December 18.
This was an inadvertant miscalculation, for which I personally have no excuse.
Mr. Pyle is in California and not available to make any explanation if
.e should have any.
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- 1. Am (LEROY J IST III STATE CF TENNESSEE COUNTY OF DAVIDSON Sworn to and subscribed before me this the day of December, 1979.
NOTARY PUBLIC My CO:"Jni s s io n Exniras-
UNITED STATE 3 CF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Saf ety and Licensing Appeal Board In the Matter of
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TENNESSEE VALLEY AUTHORITY
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Docket Nos.
STN 50-518
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50-519 (Hartsville Nuclear Plants
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50-520 Units lA, 2A, 1B, and 2B)
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50-521 CERTIFICATE OF SERVICE I hereby certify that I have served the original and twenty conformed copies of the following documents on the Nuclear Regulatory Commission by depositing them in the United States T. ail, postage prepaid and addressed to Secretary, U.S.
Nuclear Regulatory Commission, Washington, D.C.,
- 20555, Attention:
Chief, Docketing and Service Section:
MOTION OF INTERVENCRS TO EXTEND TIME TO FILE BRIEF and that I have served a copy of each of the above documents upon the persons listed below by depositing it in the United States mail, postage prepaid and addressed:
Alan S.
Rosenthal, Esc., Chairman Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Comm.
Washington, D.C.,
20555 Dr. John H.
Buck Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Comm.
Washington, D.C.,
20555 Mr. Jerome E.
Sharfman Atcmic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Comm.
dashinaton, D.C.,
20555 John F. Wolf, Esq., Chairman Atomic Safety and Licensing Bcard 3409 Shepherd Street Chevy Chase, Maryland, 20015 Dr.
J. V.
Leeds, Jr.
10807 Atwell Housron, Texas, 77096 Dr. Forrest J.
Remick 207 Old Main Building Pennsylvania State University University Park, Pa.,
16802 Alvin H. Gutterman, Esq.
Attorney for Applicant Division of Law Tennessee Valley Authority Knoxville, Tennessee, 37902 William Hubbard, Esq.
William M.
Barrick, Esq.
Assistant Attorneys General 450 James Robertson Pkwy.
Nashville, Tennessee, 37219 William D.
Paton, Esq.
Office of the Executive Legal Director U.S.
Nuclear Regulatory Comm.
Washington, D.C.,
20555 This, h[ day of 1978
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LERCY J P LIS, III Attorn f.or Intervenors, William N.
Young, et al
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