ML19331B141
| ML19331B141 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 08/10/1973 |
| From: | Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ALAB-132, NUDOCS 8007250833 | |
| Download: ML19331B141 (5) | |
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August 10, 1973 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING APPEAL BOARD N
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In the Matter of
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D O C I E T E ll CONSUMERS POWER COMPANY Docket Nos.
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50-330 (Midland Plant, Units 1 and 2)
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trasth INTERVENORS' MOTION TO EXTEND TIME TO FILE MEMORANDUM REGARDING JULY 20, 1974 SUBMISSION OF REGUIATORY STAFF RE AIAB-132 The Saginaw Intervenors, et al., hereby move the Appeal Board for the entry of an orcer permitting them to file comments on the July 20, 1973 submission of the regulatory staff re ALAB-132 from the prcsont due date of August 10, 1973 (see order of the Appeal Daard dated July 26, 1973) up to and including Monday, August 20, 1973.
In cupport of this request Intervenors stato as follows:
1.
Under date of July 20, 1973, the regulatory staff made its filing required by ALAB-132.
Under date of July 24 the regu-latory staff made an additional filing of certain inspection reports requested to be filed by Dr. Buck.
Both of these filings chewed service upon Intervenors' counsol at that time:
2.
Intervonors did not receive thoso filings within a normal 8007250
mailing period and on July 31, 1973, telephoned the regulatory nl.a rf t o re picut additional copies.
Mr. William Massar mailed copien of these documents to Intervonors, which were received the I
wcckend of August 4.
Thereafter the original filings were also received; 3.
Subsequent to ALAB-132 and in or' der to facilitate comments of Intervenors with respect to QA-QC,Intervenors on July 3, 1973, requested certain information of the regulatory staff in connection with its then to be filed comments.
A copy of this
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letter was mailed to the Appeal Board.
Almost 30 days later Intervenors telephoned regulatory staff counsel to inquire of the whercabouts of this information, particularly in light of the July 26, 1973, order of the Appeal Board permitting the filing of comments.
Mr. Kartalia, counsel in this matter, was not in and a conversation was had with Mr. William Massar.
Upon investigation of the reasons for the delay in supplying information requested by l
the July 3 letter, Mr. Massar stated that there had in fact been a delay in gathering the information, but he would see that we received information as soon as possible; subsequently, on August 2,
- 1973, I roccived a telephone call from Mr. Massar stating that he was placing in the mail certain information responsive to the July 3 i
1ctLor.
On Monday, August 6, I had not received the information and traveled to Washington, D.C.
on business actters.
on Wednesday, August 8, I telephoncd Mr. Kartalia to determine if Mr. Massar's 2-
communication had in fact been sent and whether Mr. Kartalia had any addi t:.i on.i.1 information to send.
Mr. Kartalia responcied in the
.i t I.i rmative t.o both matters.
I told Mr. Kartalia that so long as I had roccived the information from Mr. Massar I would review that on Thursday, August 9, and be in a position to make the filing on August 10, 1973.
Mr. Kartalia agreed to read to me over the telephone the further communication he was mailing to me on August 9; 4.
When I returned to my office on August 9 I learned that I had not as yet received the information from Mr. Massar.
I tele-phoned Mr. Kartalia and he agreed to send to me by mail on August 9
..the Massar communication as well as the additional letter and information which he was preparing.
It is obvious that in the absence of having this information and the late receipt of other information, the August 10 deadlino cannot be met; 5.
On August 9, 1973, I telephoned the Appeal Board to inform it of these facts and also to explain that a written motion for extoncion of timo could not possibly be filed and received by the Appeal Board on August 9 or August 10.
I was told by the Secretary of the Appeal Doard to file this motion as soon as possibic and note my telephonic communication to the Appeal Board; 6.
This motion is not interposed for delay and no prejudice to any other party will result in the granting of this motion.
In addition, the granting of this motion will enabic Intervenors l
l l
to prepare a submission and tender views to the Appeal Board in connection with the QA-QC matter; 7.
This motion for extension of time is being made on the nasumption that the papers mailed by Mr. Kartalia on Thursday, August 9, will reach Intervenors' counsel no later than Monday, August 13, 1973.
WilEREFORE, Intervonors request an order permitting them to file the comments permitted to be filed by the Appeal Board's order of July 26, 1973, on or before August 20, 1973.
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Attbfr e fo'r $aginaw'In'tcrvonor Myron M. Cherry One IBM Plaza Chicago, Illinois 60611 222-9350
Mr&
4 CERTIFICATION I certify that a copy of the foregoing motion was mailed, postago prepaid, and properly addressed, airmail, on August 10, 1973, to members of the Appeal Board, to appeal counsel for Other parties and to the Secretary of the Atomic Energy Commission.
4 Jan n
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y yron n. Cherry 4
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