ML19289C446

Response by Licensee in Opposition to Intervenor Ecology Action'S Request for Extension of Time to Submit Memo Required by ALAB-509.Asserts Request Is Based on Erroneous Reading of the Decision.Certificate of Svc Encl

ML19289C446
Person / Time
Site:	Sterling
Issue date:	12/20/1978
From:	Larson L LEBOEUF, LAMB, LEIBY & MACRAE
To:
References
NUDOCS 7901120206
Download: ML19289C446 (4)

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UNITED STATES OF AMERICA jjf 4h /, -

S) N # -Q NUCLEAR TIGULATORY COMMISSION O h [*f

• 9 <$'gQf p BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL ,,

~t4h\\ j In the Matter of )

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ROCHESTER GAS AND ELECTRIC )

CORPORATION, et al. ) Docket No. STN 50-485 (Sterling Power Pr Uect )

Nuclear Unit No. 1) )

LICENSEES' RESPONSE IN OPPOSITION TO ECOLOGY ACTION'S REQUEST FOR EXTENSION OF TIME _

This morning we received a document entitled " Request for Time Extension", in which Ecology Action has requested an extension of time to February 19, 1979 to submit the written memoranda called for by ALAB-509. The sole reason given for the extension is the desire on the part of Ecology Action to submit a joint response with Northern Thunder, intervenors in the Tyrone proceeding.

The question of whether these two proceedings should be consolidated is still before the Appeal Board. Licensees have taken the position that Ecology Action has not made a case for either a hearing or consolidation. ALAB-509 deferred ruling on the hearing and consolidation requests pending sub-mittal of further information by intervenors Ecology Actica, Northern Thunder, and others. It is Licensees' viaw that ALAB-509 intended that there be individual submissions by the parties in the respective proceedings, in order to a ssist the 790112oco4 a

, Appeal Board to determine whether each individual intervenor had made a case for a hearing, and then if so, whether consoli-dation was appropriate.

Accordingly, Licensees do not regard Ecology Action's desire to make joint submissions with Northern Thunder as good cause for an extension of time, and are opposed to Ecology Action's request unless other reasons for an extension are forthcoming.

Respectfully submitted, LeBOEUF, LAMB, LEIPY & MacRAE 8

By Partner 1757 N Street, N.W.

Washington, D.C 20036 Attorney for Rochester Gas and Electric Corporation December 20, 1978 f

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

)

ROCHESTER GAS AND ELECTRIC )

CORPORATION, et al. ) Docket No. STN 50-485 (Sterling Power Pr Uect )

Nuclear Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that I have served the document entitled " Licensees' Response in Opposition to Ecology Action's Request for Extension of Time" dated December 20, 1978, by mailing first-class and postage prepaid copies thereof, cr by hand as indicated, to each of the following persons this twentieth day of December, 1978.

Alan S. Rosenthal, Esq. Richard S. Salzman, Esq.

Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 By Hand By Hand Dr. George C. Anderson Dr. John H. Buck Oceano7caphy Department Atomic Safety and Licensing WB-10 Appeal Board University of Washington U.S. Nuclear Regulatory Seattle, Washington 98195 Commission Washington, D.C. 20555 Edward Luton, Esq.

By Hand Chairman Atomic Safety and Licensing Ms. Sharon Morey Board Ecology Action U.S. Nuclear Regulatory P.O. Box 95 Commission Oswego, New York 13126 Washington, D.C. 20555

Stephen M. Schinki, Esq. Jeffrey L. Cohen, Esq.

Office of the Executive New York State Energy Office Legal Director Swan Street Building U.S. Nuclear Regulatory Core 1, Second Floor Commission Empire State Plaza Washington, D.C. 20555 Albany, New York 12223 Mr. Lester Kornblith, Jr.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lex K. Larson LeBoeuf, Lamb, Leiby & MacRae Attorney for Rochester Gas and Electric Corporation

.