ML19331A377
| ML19331A377 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/09/1974 |
| From: | Olmstead W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8007160940 | |
| Download: ML19331A377 (3) | |
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UNITED STATES OF AMERICA r/n ATOMIC ENERGY COMMISSI0ft
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BEFORE THE ATOMIC SAFETY AtlD LICENSING APPEAL BOARl',
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CONSUMERS POWER COMPANY Construction Permit /
/q Nos. 81 and 82 g
(MidlandPlant, Units 1and2)
(ShowCause)
/ h) i s AEC REGULATORY STAFF'S OPPOSITION TO C'
MOTIOff BY SAGIllAll GROUP FOR EXTENSION OF TIME On September 30, 1974, the Saginaw Group filed a motion with the presiding Atomic Safety and Licensing Appeal Board requesting a time extension within which to file exceptions to the Initial Decision of.
the Atomic Safety and Licensing Board. The Staff believes Saginaw's motion fails to show good cause.
I The first reason set forth by Saginaw is that it was served with an incomplete copy of the Initial Decision. flo elaboration is furnished and no prejudice is shown. A letter dated September 28,1974 to the Secretary of the Commission from Saginaw's counsel states his copy of the opinion is " missing several pages". Counsel could be missing the service of process pages which would not affect his ability to file within the time provided.
In order to determine the significance of the missing material counsel should specify which pages he does not have othemise Staff must view this as another dilatory tactic with I
which this record is already replete.
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a The second reason advanced by Saginaw to justify its request is a classic example of circular reasoning.
Counsel suggests that a time extension for exceptions should be granted because he has filed a motion for reconsideration and/or to reopen the record.
If this
.e rationale were adopted no matter could ever be concluded if a party to a proceeding did not want the record closed. All that would be necessary would be a continuous flow of motions upon motions. A party could always justify an extension request on the grounds that another motion was still pending and had not been ruled upon. Since rulings must always be subsequent to some earlier action the record could never be closed.
For the foregoing reasons and because counsel is required to make a
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good cause showing under 10 CFR 12.711 and has failed to show any prejudice as a result of receiving an assertedly incomplete Initial I
i Decision, the Saginaw motion for an extension of time in which to file exceptions should be denied.
Respectfully submitted, i
d/,2 A
w William J. Olmstead Counsel for AEC Regulatory Staff I
l Dated at Bethesda, Maryland l
this 9th day of October,197.4.
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UNITED STATES OF AMERICA
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ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CONSUMERS POWER COMPANY Construction Permit
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Nos. 81 and 82 (Midland Plant, Units 1 and 2)
)
(Show Cause)
CERTIFICATE OF SERVICE I hereby certify that copies of "AEC Regulatory Staff's Opposition to Motion by Saginaw Group for Extension of Time", dated October 9, 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 9th day of October,1974:
Richard S. Sal: man, Esq., Chairman Docketing and Service Section Atomic Safety and Licensing Appeal Office of the Secretary Board U.S. Atomic Energy Commission U.S. Atomic Energy Commission Washington, D.C.
20545 Washington, D.C.
20545 John G. Gleeson, Esq.
Michael C. Farrar, Esq.
The Dow Chemical Co.
Atomic Safety and Licensing Appeal 2030 Dow Center Board Panel Midland, Michigan 48640 U.S. Atomic Energy Commission Washington, D.C.
20545 Michael I. Miller, Esq.
Isham, Lincoln & Beale Dr. Lawrence R. Quarles One First National Plaza Atomic Safety and Licensing Appeal Chicago, Illinois 60670 Board Panel U.S. Atomic Energy Commission Laurence M. Scoville, Jr.
Wast.19 ton, D.C.
20545 Clark, Klein, Winter, Parsons &
i Prewitt Michael Glaser, Esq., Chairman 1600 First Federal Building j
Atomic Safety and Licensing 1001 Woodward Avenue Board Detroit, Michigan 48226 1150 - 17th St., N.W.
Washington, D.C.
20036 Myron M. Cherry, Esq.
Suite 4501 Mr. Lester Kornblith, Jr.
One IBM Plaza
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Atomic Safety and Licensing Chicago, Illinois 60603 Board Panel
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U.S. Atomic Energy Commission
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20545 W-asuvt //. '
M William J. Olmstead Dr. Emmeth A. Leubek Counsel for AEC Regulatory Staff Atomic Safety and Licensing Board Panel U.S. Atomic Energy Commission Washington, D.C.
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