ML19331A887

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Order Denying 30-day Extension for Saginaw Intervenors to File Proposed Findings of Fact & Conclusions of Law.Motion Untimely & Fails to Show Good Cause
ML19331A887
Person / Time
Site: Midland
Issue date: 09/03/1974
From: Glaser M
Atomic Safety and Licensing Board Panel
To:
Saginaw Intervenor
References
ISSUANCES-CP, NUDOCS 8007230918
Download: ML19331A887 (2)


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UNITED STATES OF AMERICA SED 4 jgd> (

ATOMIC ENERGY COMMISSION 3.,, m. :,,,

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In the Matter of

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CONSUMERS POWER COMPANY

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Construction Permit

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Nos. 81 and 82 Jfo t

ORDER Under date of August 26, 1974, the Saginaw Group (Sag-inaw) filed a " Motion" seeking an additional 30 days within which to file Proposed Findings of Fact and Conclusions of Law.

The deadline for such filing was August 12, 1974.

As grounds for its Motion, Saginaw states its counsel has been engaged in a trial all last week, and would be moving to another office commencing September 1, 1974, and would have limited secretarial service.

Saginaw also states that there would be no prejudice to the other parties to this proceeding as a result of a grant of its Motion.

Th'e Board has considered Saginaw's Motion, and has con-cluded that it must be denied for at least two reasons. First, the Motion is untimely, since Proposed Findings of Fact and Conclusions of IIw have already been filed on August 12, 1974~

by the other parties to this proceeding. Reply findings were due August 26, 1974.

No party to this proceeding filed reply findings, and the Board is currently considering its decision in this proceeding.

To grant Saginaw's riotion would unneces-sarily delay this proceeding.

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. lC Secondly, Saginaw has failed to show good cause for a grant of its Motion.

The facts that Saginaw's counsel has been engaged in a trial *"all last week" and'is moving his office,

effective September 1, 1974 and will have limited secretarial service as a result offer no justification for failure to file Froposed Findings of Fact and Conclusions of Law on August 12, 1974, or for the additional time sought within which to do so.

The Board set the deadline for such filing on July 18, 1974, and the record herein wi11 reflect that Saginaw had notice of such deadifne.

In view of the foregoing, Saginaw's Motion is denied.

IT IS SO ORDERED.

ATOMIC SAFETY AND LICENSING BOARD i

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<tL Michael L. Glaser Chairman t

Washington, D.C.

September 3, 1974 i

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