ML19256E301
| ML19256E301 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 09/20/1979 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Potthoff F AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 7911020068 | |
| Download: ML19256E301 (2) | |
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g NRC PUBLIC DOCUMENT ROOM gT 3
UNITED STATES OF AMERICA
.SEP 201SM > P NUCLEAR REGULATORY COMMISSION THE ATOMIC SAFETY AND LICENSING BOARD Of a
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In the Matter of
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HOUSTON LIGHTING AND POWER Occket No. 50-466 CP COMPANY (Allens Creek Nuclear Generating Station, Unit 1)
ORDER (September 20,1979)
In a Memorandum And Order, ALAB-564, issued on September 19, 1979, the Appeal Board stated that it had received an undated paper from Mr. F. H.
Potthoff III, a petitioner for leave to intervene herein.
The substance of Mr. Potthoff's paper was that our Order of August 27, 1979, in establishing September 14, 1979 as the due date for the filing of amendments to his conten-tions, conflicted with 10 C.F.R. 5 2.714(a)(3), which provides that a petition may be amended without prior approval of the Licensing Board at any time up to fifteen days prior to the holding of the i 2.751a Special Prehearing Conference.
In other words, the petitioner objected that since the special prehearing con-ference had been scheduled to begin on October 15, 1979, he should have until October 1st within which to amend his contentions.
The Appeal Board dismissed petitioner's complaint because of the general prohibition against interlocutory appeals and observed that 10 C.F.R. 2.711(a) allows a Board, for good cause, to alter time periods otherwise established by the Rules.
We note, as did the Appeal Board, that Mr. Potthoff represents that he did not receive our Order of August 27,1979 (served on August 28th) until September 6, 1979.
Petitioner should have timely filed a motion for an extension of time.
Upon its own motion, upon good cause shown, the Board 1258 159 79nozo o 6 7 "6
.. grants Mr. Potthoff an extension of time to October 5, 19/9, within which he may file amendments to his contentions. Applicant and Staff may respond to such unendments on or before October 15, 1979.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. WUlfe, Esquire Chairman Dated at Bethesda, Maryland this 20th day of September, 1979.
1/ In passing, we note that, subsequent to our Order of April ll,1979, Mr.
Potthoff filed four new contentions on May 25, 1979.
On June 1,1979, he filed new Contentions 5 and 6.
Thereafter, in an undated submission docketed on August 2nd, he amended Contentions 1 and 2; on August 20th, he amended Contention 3; and, in an undated submission docketed on August 29th, he amended Contention 4.
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