ML19343A254
| ML19343A254 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 09/15/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-CP, NUDOCS 8009170116 | |
| Download: ML19343A254 (2) | |
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UNITED STATES OF AMERICA ff g,o,. g F
-.4 NUCLEAR REGULATORY COMMISSION ge 1 G,
-6 ATOMIC SAFETY AND LICENSING APPEAL BOARD 064 Alan S. Rosenthal, Chairman Ny, 4
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08,0 In the Matter of
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1 DUKE POWER COMPANY
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Docket Not. STN 50-488
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50-489 (Perkins Nuclear Station, Units 1,
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50-490 2 and 3)
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ORDER September 15, 1980 On September 2, 1980, David Springer filed an appeal from so much of the Licensing Board's August 14, 1980 order as denied his untimely petition for leave to intervene in this construction permit proceeding.
The appellate papers having been served by mail on the other parties to the proceeding, responsive briefs are currently due on September 17, 1980.
See 10 CFR 2.714a and 2.710.
The NRC staff has now moved without objection for an exten-sion until September 30, 1980, of the time within which to file its b.rief.
The sought extension is said to be necessary because
"[t]he legal work required for other licensing actions and the shortness of the time period to reply.:o appeals on intervention petitions (10 days) prevents Staff counsel from treating Mr.
Springer's appeal with the care and consideration it requires".
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Beyond doubt, motions for extensions of time are aided if g
unopposed.
Nonetheless, even in such circumstances, we must be
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satisfied that sufficient cause has been assigned for the re-lief requested.
In this instance, the staff's explanation appears inadequate to justify an extension of the magnitude sought.
This is particularly so given (1) the very limited scope of the issue presented by Mr. Springer's appeal; 1/ and (2) the lack of any particularization respect'.ng the other pressing obligations of staff counsel of record.
Accordingly, the staff's motion is being granted only in part:
the time for the filing of its brief is extended to and including September 24, 1980.
It is so ORDERED.
FOR THE APPEAL BOARD Qb _ g T_._h -3 C. Jdpn Bishop T
Secre:ary to the Appeal Board 1
4 This action was taken by the Appeal Board Chairman under 2.787 (b) (1).
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That issue is whether the Licensing Board erred in con-cluding that Mr. Springer's intervention petition should be denied by reason of its extreme tardiness.
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