ML19343B382

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Order Granting Applicant Motion for Extension Until 801231 to File Brief.Time for NRC to File Brief Is Extended Until 810112
ML19343B382
Person / Time
Site: Perkins  
Issue date: 11/25/1980
From: Bishop C
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
DUKE POWER CO.
References
NUDOCS 8012230329
Download: ML19343B382 (2)


Text

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j ;, :-C, UNITED STATES OF AMERICA i.

NUCLEAR REGULATORY COMMISSION ll ATOMIC SAFETY AND LICENSING APPEAL BOARD Alan S. Rosenthal, Chairman Dr. John H. Buck

__,,f Thomas S. Moore 3

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In the Matter of

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DUKE POWER COMPANY

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Docket Nos. 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 November 25, 1980 The applicant has moved for an extension from December 2 to December 31, 1980 of the time within which to file its brief.

The motion is based principally upon the pressure of other busi-ness.

It represents that counsel for the NRC staff has no ob-jection to the extension but that applicant's counsel had been unable to reach intervenors' counsel to ascertain his position.

In this regard, an inquiry made of applicant's counsel by the Secretary to this Board disclosed that a number of telephone calls had been placed by him to intervenors' counsel on Novem-ber 21, 24 and 25.

None of those calls had been returned.

Normally, we would be disinclined to grant an extension of this magnitude without first obtaining the position of counsel 1

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8012280329

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. for all other parties to the proceeding.

In this instance, however, we are granting the motion for good cause shown with-out waiting to obtain the views of intervenors' counsel.

This action appears justified in view of (1) the repeated endeavors of applicant's counsel to contact the intervenors' counsel; and (2) the fact that the intervenors themselves had earlier re-quested and obtained a 30 day extension of the time within which to file their brief.

l The time for the filing of the applicant's brief is hereby extended to and including December 31, 1980.

The time for the filing of the brief of the NRC staff is correspondingly extended to and including January 12, 1981.

It is so ORDERED.

FOR THE APPEAL BOARD Chs Ad C. J(pn BisT1op

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Secretary to the Appeal Board Mr. Moore did not participate in the consideration or dis-position of this motion.

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