ML19330A289
| ML19330A289 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/03/1974 |
| From: | Jenny Murray US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007160855 | |
| Download: ML19330A289 (3) | |
Text
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9/3/74 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY MD LICENSIflG BOARD 3h go In the Matter of
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CONSUMERS POUER COMPNtY Construction Permit Nos. 81 and 82 g,gco 1.
3 (Midland Plant, Units 1
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[ szp 4WW AEC REGULATORY STAFF'S OPPOSITION TO st e:4-1 C','
THIS DOCUMENT CONTAINS MOTION BY SAGINAM GROUP FOR 30 DAYS
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P0OR QUALITY P' AGES EXTEllSION OF TIME FOR FILING FIMDINGS Q7 N,/
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OF FACT AND CONCLUSIO"S OF LA'.!
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s, On August 26,1974,.the Saginaw Group filed a motion with the pre-siding Atomic Safety and Licensing Board (Board) requesting a thirty-day time extension within which to file prcposed findings of fact E
and conclusions of law. The Daard denied an earlier Saginaw motion fo'r a time extension because Saginaw failed to show good cause for the requested extension. Although Saginaw's motion is not timely in light of the Board's denial of the August 12th motion, a new justification has been alleged which' the AEC regulatory staff (Staff) believes is without merit.
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Saginaw contend's additional ' time is necessary because its counsel has been "on trial all last week, will be moving to another office l
beginning September 1, 1974 and has limited permanent secretarial service." No showing is made that thesa facts were unknown or i
y Saginaw motion of August 12, 1974.
9 8007160'(f e
before August 12.
The Com-unanticipated by Saginaw counsel on o: -
mission's Rules o'f Practice at 10 CFR S 2.711 require a good cause showing to sus'tain a time ext'ension request.
Saginaw's counsel s'urely anticipated such events as a move to new offices and a formal appearance in a legal proceeding. Saginaw's request is entirely devoid of any good cause showing that the extension could not have been requested prior to August 12 in accordance with the requirements of tihe Appeal Board. 2_/
The Board has been more than generous with Saginaw's counsel.
In his August 12 motion counsel requested a two week extension. The Bc.rd did not rule on his request until August 29, three days after the tice counsel requested had elapsed only to find another motion for 30 days extension wending its way through the mail once again dated the very day a formal pleading would be due if Saginaw's original motion had been granted.
For the reasons stated above and for the reasons stated in Staff's Answer to Motion by Saginaw Group dated August 20 in this proceeding, toe Sagina^w Group's motion for an extension of time within which to file proposed findings of fact and conclusions of law should be denied.
Respeetfully submitted, James P. Murray
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Counsel for AEC Regulatory Staff Dated at Bethesda, Maryland
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this 3rd day of September,1974.
.' 2] In the Matter of Louisiana Power & Licht Co. (Waterford Steam Electric Station, Unit 3) Order, April 20, 1973 (ALAS-ll7) RAI-73-4, p. 261.
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UflITED STATES OF AMERICA ATOMIC EtiERGY C0:@11SSIO1 BEFORE THE ATOMIC SAFETY A:.3 LICEftSIllG BOARD In the Matter of i
Construction Permit C0flSUMERS P0'4ER COMPAtlY
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Nos. 81 and 82 1
(MidlandPlant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "AEC Regulatory Staff's 0pposition to Motion by Saginaw Group for 30 Days Extension of Time for Filing Findings of Fact and Conclusions o'f L w", dated September 3,1974 in the captioned matter have been served on the following by hand delivery or by deposit in the United States mail, first class or air. mail, this 3rd day of September,1974:
Michael Glaser, Esq., Chairnan Michael I. iiiller, Esq.
Atomic Safety & Licensing Board Isham, Lincoln & Beale 1150 - 17th St.,ii.W.
One First Itationab Piaza Washington, D.C.
20036 Chicago, Illinois GCG70 Mr. Lester Kornblith, Jr.
Laurence Lt. Scoville, Jr.
Atomic Safety and Licensing Clark, Klein, Winter, Parsons &
Board Panel Prewite U.S. Atomic Energy Commission 1600 First Federal' Building Washington, D.C.
20545 1001 Woodward Avenue Detroit, Michigan 48226 Dr. Emmeth A. Luebke
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. Atomic Safety and Licensing Myron M. Cherry, Esq.
Board Panel Jenner and Block U.S. Atomic Energy Commission One IBM Plaza l
Washington, D.C.
20545 Chicago, Illinois 60603
. Atomic Safety and Licensing Docketing and, Serv. ice Section
' Appeal Board Office of the Secretary U.S. Atomic Energy Comnission U. S. Atomic Energy Commission Washington, D.C.
20545 Washington, D. C.
20545 i
j John G. Gleeson, Esq.
l The Dow Chemical Co.
2030 Dow Center i
' Midland, Michigan 48640
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ameli P. !furray, Jr.
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Counsel for AEC Regulatory Staff
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