ML19340D943
| ML19340D943 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 12/31/1980 |
| From: | Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Leithauser J, Oneill J AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-OLA, NUDOCS 8101050613 | |
| Download: ML19340D943 (3) | |
Text
_
'N UNITED STATES OF AMERICA
.s NUCLEAR REGULATORY COMMISSION "b
ATOMIC SAFETY AND LICENSING APPEAL BOA
[
Administrative Judges:
219g7 I
I Thomas S. Moore, Chairman Dr. John H. Buck 8'ch
'/ /
Christine N. Kohl N
7,,,.
' u...
)
In the Matter of
)
y jg, CONSUMERS POWER COMPANY
)
Docket No. 50-155"OLA
)
(Spent Fuel Pool Expansion)
(Big Rock Point Nuclear Plant)
)
~
)
ORDER N
5 w
December 31, 1980-A ra o
Intervenor John Leithauser has moved to postpone oral argument in this case until January 21, 1981.
Applicant Consumers Power Company opposes the motion.
Intervenor John O'Neill II has filed a pleading entitled "Various responses, corrections, and sundry motions."
In Part I of this pleading,Mr. O'Neill indicates that he will try to attend the oral argument and moves for Mr. Leithauser's admission to the proceeding as well as additional separate argument time for him.
Part II of Mr. O'Neill's pleading constitutes a " reply brief."
In Part III of his pleading, Mr. O'Neill makes some minor corrections to his brief filed December 6, 1980, including the addition of a table of citations.
Because pSol
.1
/ O
" 1010 5 0 (f/3 g
i 2-of the imminence of oral argument and in light of the nature of the intervenors' various requests, we do not find it necessary or desirable to await further replies and thus i
dispose of these matters now.
Mr. Leithauser has failed to establish good cause to postpone the oral argument scheduled in this case for January 9, 4
1981.
His motion is denied.
Insofar as Part I of Mr. O'Neill's pleading moves for additional and/or separate oral argument time for himself 1/
or any other intervenor, these motions are denied.-- To clarify what may be a misunderstanding by some parties of our-i last two orders of December 12 and 19, 1980, only one counsel may argue on behalf of all intervenors jointly (O'Neill, Leithauser, and Christa-Maria, et al.).
He or she is allotted
)
30 minutes for this purpose and should vonfer with counsel for CEQ (who is allotted 15 minutes) so as to avoid repetitious argument on points they share in common.
Any other party, of course, may attend the argument but will not be permitted to participate.--2/
--1/
We direct Mr. O'Neill's attention to our order of December 19, 1980, with respect to the intervenor status i
of Mr. Leithauser and the delayed receipt of his brief.
_2/
See 10 C.F.R. 52.763.
l i
l myg.
v.--
---+,,,,-,,,-,7_~
---.-w4-.--,,-
9
.,.....--.---y 3
w
-. - - - +
~
. Part II of Mr. O'Neill's pleading -- i.e.,
his " reply brief" -- is stricken as an unauthorized filing.
The right of reply extends only to those who file opening briefs as
" appellants" -- in this case, the NRC staff and applicant Consumers Power.
This is in accordance with traditional 3/
appellate briefing practice-and our order of September 12, 1980, notwithstanding Mr. O'Neill's strained interpretation of the latter.
Moreover, if we were to accept Mr. O'Neill's reply brief, we would be obliged out of fairness to offer a final right of rebuttal to the staff and Consumers Powers.
We see no value, however, in encouraging the filing of further 4/
briefs at this point.
Finally, we note that most, if not all, of Mr. O'Neill's purported reply brief is cumulative and reiterates arguments already made by him or other intervenors.
Part III of Mr. O'Neill's pleading is essentially an errata sheet for his December 6 brief and shall be filed.
It is so ORDERED.
FOR THE APPEAL BOARD b : j
. Tompkins [
M.
4'_- A -'_ j A
n Barbara A Secretary to the Appeal Board
_3/
See Rule 28(c), Federal Rules of Appellate Procedure.
_4/
The Board reserves the right to ask the parties to respond, either by memorandum or at oral argument, to specific questions it may pose in the future.