ML19340D072
| ML19340D072 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 12/09/1980 |
| From: | Cowan B, Kenrick J, Marcucci D ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012290011 | |
| Download: ML19340D072 (5) | |
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NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of WESTINGHOUSE ELECTRIC CORPORATION Docket No. 70-2909 4
(Alabama Nuclear Fuel Fabrication Plant Special Nuclear Material License)
WESTINGHOUSE ELECTRIC CORPORATION'S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE RESPONSE TO DAVID L. ALLRED'S CONTENTIONS 1
Westinghouse Electric Corporation (" Westinghouse" or " Applicant") hereby moves the Atomic Safety and Licensing Board (the " Board") for an extensi ? of time within which to file a responsa to the contentions =.bmitted in this proceed-ing by David L. Allred ("Allred") until thirty days after the Board has ruled on the request by Allred to withdraw from this proceeding.
The withdrawal request by Allred was set forth in a " Joint Motion for Substitution of Named Intervenor" (the " Substitution Motion") dated November 10, 1980, filed by 3
Allred and Cathalynn Donelson ("Donelson").
If the Board de-M termines in ruling on the Substitution Motion that further ADD!
filings are required by Allred and/or Donelson, for purposes Tpw Cs)
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of identification of which, if any, of the Allred conten-i tions are intended to be pursued, Westinghouse further i
requests that the date for filing a response to the Allred contentions be established as thirty days af ter the pro-vision of such information by Allred.
The present motion for extension of time is filed l
under 10 C.F.R.
SS 2.711 and 2.730, and in support thereof Westinghouse states as follows:
i 1.
David L. Allred filed two sets of contentions I
in this proceeding on August 5, 1980
(" Proposed Valid Con-tentions of Intervenor David L. Allred"), and October 1, 1980
(" Additional Proposed Contentions of Intervenor David L. Allred").
2.
Efforts among representatives of the NRC Staff, Applicant and Allred to arrive at a stipulation concerning the proposed contentions were halted as a result of Allred's advising that he was withdrawing his Petition for Leave to Intervene.
3.
On November 10, 1980, Allred, in the Substitu-tion Motion, stated that he "must withdraw from participation in the instant proceeding."
Allred and Donelson asked the Board to allow the substitution of Donelson as a named inter-venor for Allred.
On November 10, 1980, Donelson independently filed an untimely Petition for Leave to Intervene.
4.
On November 24, 1980, Westinghouse filed an l
Answer to the Substitution Motion stating that it did not object to the withdrawal of Allred from all participation in the instant proceeding.
On the same date, Westinghouse filed an Answer to the Donelson Petition for Leave to Inter-vene and the attempt to substitute Donelson for Allred as a party to the proceeding.
In that Answer, Westinghouse op-posed the Intervention Petition and so much of the Substitu-tion Motion as seeks to allow such substitution.
i 5.
The status of Allred in this proceedi~ng is now in doubt.
Therefore, until the Board rules on the pending motions, Westinghouse believes it is appropriate to defer the filing of a response to the contentions which Allred proposes.
Accordingly, Westinghouse requests the Board for an extension of time in which to file its response to the conten-i tions filed by David L. Allred.
Respectfully submitted,
/s/ Barton Z. Cowan
/s/ John R. Kenrick/BZC Eckert, Seamans, Cherin & Mellott l
/s/ Donald R. Marcucci/BZC Law Department Westinghouse Electric Corporation Counsel for Westinghouse Electric Corporation Dated:
December 9, 1980..
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J UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of WESTINGHOUSE ELECTRIC CORPORATION Docket No. 70-2909 (Alabama Nuclear Fuel Fabrication Plant Special Nuclear Material License)
CERTIFICATE OF SERVICE I hereby certify that copies of " Westinghouse Electric Corporation's Motion for Extension of Time in Which to File Response to David L. Allred's Contentions" were served upon the persons listed on Attachment 1 to this Certificate of Service by deposit in the United States Mail (First Class), postage prepaid, this 9th day of December, 1980.
/s/ Barton Z. Cowan Barton Z. Cowan l
Counsel for Westinghouse Electric Corporation l
4 d
ATTACHMENT 1 John F. Wolf, Esquire, Chairman Ms. Cathalynn Donelson i
Atomic Safety and Licensirg Board 855 Park Avenue U. S. Nuclear Regulatory Commission Montgomery, Alabama 36106 3409 Shepherd Street Chnvy Chase, Maryland 20015 Dr. Ira L. Myers State Health Officer Dr. Harry Foreman, Member State of Alabama Atomic Safety and Licensing Board Department of Public Health Box 395, Mayo State Office Building University of Minnesota Montgomery, Alabama 36104 Minneapolis, Minnesota 55455 Atomic Safety and Licensing Board Panel Dr. Martin J. Steindler, Member U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D. C.
20555 Argonne National Laboratory 9700 South Cass Avenue Atomic Safety and Licensing Appeal Panel Argonne, Illinois 60439 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Barton Z. Cowan, Esquire Eckert, Seamans, Cherin & Mellott Docketing & Service Section r
i 42nd Floor, 600 Grant Street Office of the Secretary Pittsburgh, Pennsylvania 15219 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Donald R. Marcucci, Esquire Law Department Wastinghouse Electric Corporation P. O. Box 355 Pittsburgh, Pennsylvania 15230 Julian L. McPhillips, Jr., Esquire 4
P. O. Box 64 516 South Perry Street Montgomery Alabama 36101 Sherwin E. Turk, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C.
20555 David L. Allred, Esquire 231 Oak Forest Drive Montgomery, Alabama 36109 e
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