ML19290B765

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Order Granting Extension Until 791213 for Ee Miller to File Supplemental Brief Re ASLB 791119 Order Treating Miller 790710 Petition as Request to Make Limited Appearance Statement,Rather than as Petition to Intervene
ML19290B765
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 12/03/1979
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
AFFILIATION NOT ASSIGNED
References
NUDOCS 7912140055
Download: ML19290B765 (2)


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P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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6 ATOMIC SAFETY AND LICENSING APPEAL BOARD ge E

o737' 4 h,W 7-Alan S. Rosenthal, Chairman

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Dr. John H. Buck Michael C. Farrar o js. b ~

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In the Matter of

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HOUSTON LIGHTING & POWER COMPANY

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Docket No. 50-466

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(Allens Creek Nuclear Generating

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Station, Unit 1)

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ORDER December 3, 1979 Eugene E. Mueller has filed a notice of appeal from so much of the Licensing Board's November 19, 1979 order as treated his July 10, 1979 submission as a request to make a limited appearance statement, rather than as a petition for leave to intervene in this construction permit proceeding.

The notice of appeal was accompanied by a two paragraph brief and a request that Mr. Mueller be given an extension of time within which to file "a more detailed brief if it's necessary".

That request is granted; Mr. Mueller may file a supple-mental brief on or before December 13, 1979.

The time for the filing of the responsive briefs of the applicant and.the NRC i574 283 CST 7912140 h

staff shall not commence to run until service upon them of the supplemental brief.

We have been informed by the Docketing and Service Branch of the Office of the Secretary of the Commission that a copy of the Licensing Board's August 6, 1979 order was served upon Mr. Muellar.

It is unclear from his remarks at the prehearing conference (particularly Tr. 761-62) and his cryptic brief now on file whether Mr. Mueller is con-tending that he did not receive that order and was therefore unaware of its content or, rather, that the Licensing Board lacked the authority to establish by that order a Septem-ber 14, 1979 deadline for the filing of contentions.

We will expect Mr. Mueller to address this matter in his sup-plemental brief.

It is so ORDERED.

FOR THE APPEAL BOARD b.b 34 C. J T

Secr %n Bishop etary to the Appeal Board 1574 284