ML19331B839
| ML19331B839 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/11/1980 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8008130404 | |
| Download: ML19331B839 (6) | |
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08/11/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS*JN BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of TEXAS UTILITIES GENERATING COMPANY,
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50-446 (Comanche Peak Steam Electric Station,
)
Units 1 and 2)
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NRC STAFF'S (1) MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO CFUR'S MOTIONS AND OBJECTIONS CONCERNING APPLICANTS' STATEMENT OF 03JECTIONS AND (2) ANSWER TO CFUR'S MOTION FOR AN EXTENSION OF TIME Pursuant to 10 CFR 992.711 and 2.730, the NRC Staff (" Staff") hereby moves for an extension of time of 13 days, until August 25, 1980, in which to file its Answer to the motions and objections concerning Applicants' Statement of Objections which were filed by Citizens for Fair Utility Regulation ("CFUR")
on July 23,1980.1/ In support hereof, the Staff states as follows:
1.
CFUR submitted its Partial Objections on July 23, 1980, in response l
l to Applicants' " Statement of Objections to Prehearing Conferenc,e Order and Mntion for Modification" (" Applicants' Statement of Objections"), dated July 1, 1980.
CFUR's Partial Objections were filed seven days later than II CFUR's (1) Objection to Applicants' Statement of Objections to Pre-hearing Conference Order for Lack of Timeliness (2) Motion Requesting Applicants' Compliance with Regulations Regarding Extensions of Time (3) Motion for Equal-Time Extension for Responding to Applicants' Statement of Objections and Motion and (4) CFUR's Partial Substantive Objections to Applicants' Statement of Objections and Motion for Modi-fication ("CFUR's Partial Objections"), dated July 23, 1980.
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the date on which they originally were due to be filed, pursuant to an
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.t extension of time granted by the Atomic Safety and Lic.ensing Board ("Licens-f ingBoard").E
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In its Partial Objections, CFUR combined the following objections and motions:
(a) an objection to Applicants' having filed their Statement of Objections later than originally scheduled, upon the authorization of the Licensing Board (Partial Objections, at 1-3);
(b) a motion to require Applicants to seek a waiver of the Commission's regulations concerning the time for filing (Partial Objections, at 3-5);
I (c) a motion seeking an additional extension of time for CFUR to respond to Applicants' Statement of Objections (Partial Objections, at 5-6); and i
(d) a partial response objecting to some of the j
matters discussed in Applicants' Statement of Objectio ns (Partial Objections, at 6-13).
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On August 1,1980, the Licensing Board granted CFUR's motion for an extension of time in which to respond to Applicants' Statement of Objections (Para. 2(c), supra), until August 4,1980.3/ In its Order, the Licensing 7
Board stated that it " expects other parties to respond" to CFUR's Partial
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Objections, and that "[f]ollowing receipt of these responses, an order will 7
j beissued"(Id.).
Pursuant to 10 CFR 99 2.730(c) and 2.710, the time in
.i which the Staff may file its Answer to CFUR's Partial Objections expires on August 12, 1980.
U " Order Relative te Additional Time for CFUR and CASE", dated July 10, 1980.
U rder entitled " Additional Time for CFUR", dated August 1,1980.
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On August 4,1980, CFUR filed its " Motion to Reconsider June 16, 1980 Order and Supplemental Response to the Applicant's [ sic] Objections"
("CFUR's Supplemental Objections and Motion"). There, CFUR further responded to Applicants' Statement of Objections, and also belatedly moved for reconsideration of the Licensing Board's order admitting contentions, dated June 16, 1980.
Pursuant to 10 CFR 96 2.730(c) ar.d 2.710, the time in which the Staff may file its Answer to CFUR's Supplemental Objections and Motion expires on August 25, 1980.
r 5.
In view of this unusual filing history, and in the interest of providing a single, unified response to 311 of CFUR's motions and objections, the Staff requests an extension of time of 13 days, until August 25, 1980, t
in which to file its Answer to CFUR's Partial Objections.
Such an extension of time will result in the Staff's being able to file a single Answer to
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both CFUR's Partial Objections and CFUR's Supplemental Objections and Motion.M The Staff believes that the requested extension of time will serve to reduce i
confusion and eliminate repetition.
Further, no delay to this proceeding will result from the granting of the instant motion inasmuch as the Staff, in any event, is not required to file its response to CFUR's Supplemental Objections and Motion until August 25, 1980.
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O s to CFUR's motion for an extensi)n of time (Para. 2(c), supra), which A
was provisionally granted by the Licensing Board in its Order of August 1, 1980, the Staff provides the following Answer: The Staff does not object to the granting of an extension of time until August 4,1980, as reqJested by CFUR.
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Counsel for the NRC Staff has been in contact with CFUR and Counsel for Applicants, and is authorized to state that neither of those parties objects to the granting of the requested extension of time.
WHEREFORE, pursuant to 10 CFR ll 2.730 and 2.711, the Staff hereby moves for an extension of time of 13 days, until August 25, 1980, in which to file its Answer to CFUR's Partial Objections.
Respectfully submitted, E0 I
Sherwin E. Turk Counsel for NRC Staff f
Dated at Bethesda, Maryland this lith day of August,1980
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY C0fMISSION BEFORE THE AT(MIC SAFETY AND LICENSING E0ARD i
In the Matter of j
TEXAS UTILITIES GENERATING COMPANY, ET AL.
Docket Nos. 50-445 50-446 (Comanche Peak Steam Electric Station.
)
Units 1 and 2)
)
i, CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S (1) MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO CFUR'S MOTIONS AND OBJECTIOfl3 CONCERNING APPLI-L CANTS' STATEMENT OF OBJECTIONS AND (2) ANSWER TO CFUR'S MOTION FOR AN EXTENSION OF TIME" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comis-sion's internal mail system, this lith day of August,1980:
Valentine B. Deale, Esq., Chaiman David J. Preister, Esq.
Atomic Safety and Licensing Board Assistant Attorney General 1001 Connecticut Avenue, N.W.
Environmental Protection Division Washington, DC 20036 P.O. Box 12548, Capitol Statien
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Austin, TX 78711 Dr. Forrest J. Remick, Member Atomic Safety and Licensing Board Mr. Richard Fouke
(
305 E. Hamilton Avenue 1668-B Carter Drive State College, PA 16801 Arlington, TX 76010 Dr. Richard Cole, Member
- Arch C. McColl, III Esq.
Atomic Safety and Licensing Board 701 comerce Street U.S. Nuclear Regulatory Comission Suite 302 Wa:Mngton, DC 20555 Dallas, TX 75202 Nicholas S. Reynolds. Esq.
Jeffery L. Hart Esq.
S Debevoise & Libeman 4021 Prescott Avenue 1200 17th Street, N.W.
Dallas, TX 75219 L
Washington, DC 20036 Atomic Safety and Licensing Mrs. Juanita Ellis Board Panel
- President, CASE U.S. Nuclear Regulatory Commission 1426 South Polk Street Washington, DC 20555 Dallas, TX 75224 Atomic Safety and Licensing Appeal' Mr. Geoffrey M. Gay Panel (5)*
West Texas Legal _ Services U.S. Nuclear Regulatory Comission 100 Main Stceet (Lawyers Bldg.)
Washington, DC 20555 Fort Worth, TX 76102 1
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Docketing and" Service Section (7)*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 7
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Sherwin E. Turk Counsel for NRC Staff i
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