ML19259B307
| ML19259B307 | |
| Person / Time | |
|---|---|
| Site: | Hartsville  |
| Issue date: | 12/21/1978 |
| From: | Ellis L AFFILIATION NOT ASSIGNED |
| To: | |
| References | |
| NUDOCS 7901260041 | |
| Download: ML19259B307 (2) | |
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UNITED STATES 'OF N4ERIC.
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NUCLEAR REGULATORY COMMIS?W ' rety t th.3 Appeal Soard c'h
- BefdI, the Atomic Safety and Licensing Appeal Board
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In the Matter of
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TENNESSEE VALLEY AUTHORITY
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Docket 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 2B)
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STN 50-521 MOTION OF INTERVENORS 'IO EXTEND TIME TO FILE BRIEF On December 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, WILLIAM N.
YOUNG, ET AL, TO THE DECISION ON MOTION FOR
SUMMARY
DISPOSITION OF TH"..rOMIC SAFETY AND LICENSING BOARD DATED OCTOBER 31, 1978.
Intervenors had filed and served exceptions to the October 31, 1978 decision on 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 briefs in support 'of exceptions, and to have their December 18, 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 le adline.
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(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 summary disposition on the acceptability of its proposed location of the discharge diffuser.
The thrust of the Intervenors' exceptions and brief is simply that 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 diffuser 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-463, 7NRC 341 (1978), reversing only as to the acceptability of the discharge diffuser location.
Construction permits, issued following the Licensing Board's initial decision of April 28, 1977, remain in effect.
A supporting affidavit is attached.
Resp ct llf, ub-4tted, M
EEROY J.
'IS, III The Cha ry Building 421 Char otte Avenue Nashville, Tenne ssee 37219 Attorney for Intervenors Dec amber 21, 1978
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