ML19345B300

Request for Extension Until 801231 to File Brief Supporting 801028 Exceptions Due to Heavy Case Load.Certificate of Svc Encl

ML19345B300
Person / Time
Site:	Perkins
Issue date:	11/24/1980
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8011280041
Download: ML19345B300 (4)

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UNITED STATES OF AMERICA 2

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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL D Jg.

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In the Matter of

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Docket Nos. STN 50-488 '

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50-489

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50-490 9

(Perkins Nuclear Station,

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APPLICANT'S MOTION FOR EXTENSION OF TIME h

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'k Intervenors filed a brief in support of exceptions on Octoter 28, 1980.

Applicant's brief is due on December 2, 1980.

Applicant respectfully requests an extension of the December 2, 1980 date to and including December 31, 1980.

The good cause grounds for such request are as follows:

Counsel most familiar with this case are involved in several other proceedings, one of which entails the filing of an extend-ed brief with the Appeal Board on December 10, 1980.

Accordingly, such counsel are unable to devote the necessary time to the instant brief within the time frame provided.

In addition, 102 exceptions have been taken by Intervenors.

While Applicant has had time to review these exceptions, inasmuch as such were filed on August 29, 1980, it was not until the submittal of Inter-venors brief that Applicant was in a position to properly prepare its brief.

Given the number of exceptions involved such pre-paration has been extremely time consuming.

Applicant has contacted counsel for the NRC Staff and is authorized to state that the Staff does not object to the 5)so5 SO f ny 128% ; o+

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. extension of time.

The NRC Staff has asked that if Applicant's time is extended, that its time be correspondingly extended to and including January 12, 1981.

Applicant does not object to the Staff's request.

Applicant endeavored to contact counsel for the Intervenors by telephone on Friday, November 21 and Monday, November 24, 1980, but he was unavailable.

Applicant will continue to attempt to contact counsel and will inform th9 Board promptly of the results of Intervenors' position on the matter.

However, given the time involved and the upcoming holiday, Applicant has considered it_ prudent to_ advise this Board of its need_for additional time prior to determining the views of all parties.

Accordingly, the instant motion.las been filed on this date.

Respectfully submitted,

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Michael McGarry, III DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washington, D.C.

20036 (202) 857-9800 Of Counsel:

William L.

Porter, Esq.

Associate General Counsel Duke Power Company November 24, 1980 i

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD in the Matter of

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Docket Nos. STN 50-488 DUKE POWER COMPANY

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50-489

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50-490 (Perkins Nuclear Station,

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Units 1, 2 and 3)

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CERTIFICATE OF SERVICE I here'y certify that copies of " Applicant's Motion for Extension of Time," dated November 24, 1980 in the above cap-tioned matter have been served upon the following by deposit in the United States mail this 24th day of November, 1980.

• Alan S.

Rosenthal, Esq.

Dr. Donald P. deSylva Chairman Associate Professor of Atomic Safety and Licensing Marine Science Appeal Board Rosenstiel School of Marine U.S. Nuclear Regulatory and Atmospheric Science Commission University of Miami Washington, D.C.

20555 Miami, Florida 33149

• Dr. John H.

Buck Dr. Walter H. Jordan Atomic Safety and 881 West Outer Drive Licensing Appeal Board Oak Ridge, Tennessee 37830 U.S. Nuclear Regulatory Commission William L.

Porter, Esq.

Washington, D.C.

20555 Associate General Counsel Duke Power Company

• Thomas S. Moore Post Office Box 33189 Atomic Safety and Licensing Charlotte, North Carolina 28242 Appeal Board U.S.

Nuclear Regulatory Charles A.

Barth, Esq.

Commission Counsel for NRC Regulatory Washington, D.C.

20555 Staff office of the Executive Elizabeth S.

Bowers Legal Director Chairman.

U.S.

Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.

20555 U.S. Nuclear Regulatory Commission William A.

Raney, Jr., Esq.

l Washington, D.C.

20555 Special Deputy Attorney General

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State of North Carolina Department of Justice Post Office Box 629 Raleigh, North Carolina 27602

• Denotes that service will be made by hand delivery on November 24, 1980.

, e 2-William G.

Pfefferkorn, Esq.

Chase R.

Stephens 2124 Wachovia Building Docketing and Service Section Winston-Salem, North Carolina 27101 Office of the Secretary U.S. Nuclear Regulatory Mary Apperson Davis Commission Route 4 Washington, D.C.

20555 Box 261 Mockeville, North Carolina 27028 Quentin Lawson, Esq.

Federal Energy Regulatory Chairman, Atomic Safety and commission Licensing Board Panel Room 8611 U.S. Nuclear Regulatory 825 N.

Capitol Street, N.E.

Commission Washington, D.C.

20426 Washington, D.C.

20555

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Michael McGarry, III

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