ML19345C872
| ML19345C872 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 12/01/1980 |
| From: | Bachmann R, Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19295E796 | List: |
| References | |
| NUDOCS 8012080522 | |
| Download: ML19345C872 (6) | |
Text
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O 12/01/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Tktter of
)
)
APPLICATION OF WESTINGHOUSE ELECTRIC
)
CORPORATION FOR A SPECIAL NUCLEAR
)
Docket No. 70-2909 fiATERIAL LICEtlSE FOR THE ALABAMA
)
NUCLEAR FUEL FABRICATION PLAtlT (ANFFP)
)
TO BE LOCATED NEAR PRATTVILLE, ALABAMA
)
NRC STAFF'S MOTION FOR EXTENSI0tl 0F TIfiE IN WHICH TO FILE ITS RESPONSE TO THE CONTENTIONS FILED BY DAVID L. ALLRED Pursuant to 10 CFR @ 2.711 and 2.730, the NRC Staff (" Staff") hereby noves for an extension of time in which to file its response to the contentions filed herein by petitioner David L. Allred, until thirty days after the Licensing Board has ruled upon the pending " Joint fiction for Substitution of f;aned Intervenor" (" Motion for Substitution").
In support hereof, the Staff states as follows:
1.
Pursuant to the Orders of the Atomic Safety and Licensing Board
(" Licensing Board") dated July 22 and September 11, 1980, petitioner David L. Allred timely filed two sets of contentions in this proceeding:
(a)
" Proposed Valid Contentions of Intervenor David L. Allred,"
dated August 5, 1980; and (b)
" Additional Proposed Contentions of Intervenor David L. Allred," dated October 1,1980.
In his contentions, petitioner Allred raised numerous complex issues pertain-ing to various aspects of this proceeding.
8012080 flh
. 2.
Pursuant to the Licensing Board's order of October 16, 1980, issued in the course of a telephone conference call held among the parties, petitioners and Licensing Board members, the time in which the Staff may file its response to petitioner Allred's contentions expires on December 15,1980.1/
3.
In the telephone conference call of October 16, 1980, the Licensing Board ap; roved the proposal of the Applicant, Staff and petitioners that they meet in Montgomery, Alabama on November 6-7, 1980 to continue their attempt to arrive at a stipulation of the proposed contentions.
Those stipulttions, along with a codified set of proposed contentions, were anticipcted to be filed on or before December 15, 1980.
4.
On Nove,ber 6,1980, representatives of the Staff and Applicant traveled to Montgomery, Alabama, to meet with Mr. Allred and representatives cf the Safe Energy Alliance of Central Alabama, Inc. ("SEACA"), to continue their efforts to arrive at a stipulation of contentions.
The meeting with SEACA commenced at 9:00 A.M. on the morning of November 6,1980; a meeting with Mr. Allred was scheduled to commence later that afternoon.
5.
During the course of our raeeting with SEACA, Mr. Allred telephoned to state that he was withdrawing his petition for leave to intervene and that the meeting with hin, scheduled to commence later that day, should be cancelled.
As a consequence, the Staff and Applicant did not meet with Mr.
Allred as scheduled, and cut short their stay in Montgomery.
Since then,
-1/
Letter to Julian L.. McPhillips, Jr., Esq., from Sherwin E. Turk, Counsel for NRC Staff, dated October 17, 1980, at 1.
I o
O the Staff has had no further connunications with Mr. Allred pertaining to his contentions or the possibility of arriving at a stipulation of those contentions.
6.
On November 10, 1980, the " Joint Motion for Substitution of Named Intervenor" was filed by petitioner Allred and Ms. Cathalynn Donelson.
In l
their motion, Mr. Allred stated that he "must withdraw from participation in I
the instant proceedings" (Motion, p.2, para. 6).
Ms. Donelson and Mr. Allred jointly asked tnat the Licensing Board " permit the substitution of Cathalynn Donelson as the named intervonor for David L. Allred with respect to all ple'adings and matters heretofore filed and addressed by David L. Allred"
.(id., p. 1). 2/
7.
As a result of the recent filing herein of the Motion for Substi-tution and of Ms. Dcnelson's Petition fer Leave to Intervene, it is unclear to the Staff (a) as to whether eithei P. Allred or Ms. Donelson should be considered to be petitioners herein, and (b) as to whether any or all of the contentions previously filed by Mr. Allred will continue to be advanced in this proceeding either by him or by petiv.oner Donelson.
-2/
Also on November 10, 1980, Ms. Donelson filed an untimely " Petition for Leave to Intervene," in which she recited as " good cause" in support of her petition that (1) she had previously relied upon Mr. Allred's participation in this proceeding to protect her interests, (2) that "to the best of her knowledge and be'ief David L. Allred is withdrawing his petition", and (3) that her interests will be left unprotected "if David L. Allred withdraws his petition for intervention and Petitioner is not permitted to intervene" (Donelson Petition, p.4, paras. 4-6).
_4-8.
Since it is unclear as to whether any further consideration need be given to ifr. Allred's contentions, in the interest of conserving Staff resources the Staff believes that the best possible course of action is to defer filing a response to those contentions for the present time until after it becomes clear whether a response to any or c.1 of those contentions is appropriate.
Rather, the Staff proposes to file a i ?sponse to Mr. Allred's contentions, after the Licensing Board has ruled upon the pending Motion for Substi tution.
9.
Counsel for the Staff has been in contact with Mr. Allred and Counsel for the Applicant, and is authorized to state that neither of those parties objects to the granting of the requested extension of tine.
WHEREFGkE, pursuant to 10 CFR QS 2.730 and 2.711, the Staff hereb/ moves for an extenFon of time in which to file its response to the contentions filed by petitioner David L. Allred, until thirty days af ter the Licensing Board has ruled upon.the pending fiction for Substitution.
Respectfully submitted, Richard G. Bachmann Counsel for f1RC Staff U.ud.d b A Sherwin E. Turk Counsel for NRC Staff Dated at Bethesda, flaryland this 1st day of December, 1980 1
o D P"D
%f UNITED STATES OF AMERICA eW difL 1 J\\
o NUCLEAR REGJLATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING E0ARD In the Matter of
)
)
APPLICATION OF WESTINGHOUSE ELECTRIC
)
CORPORATION FOR A SPECIAL NUCLEAR
)
MATERIAL LICENSE FOR THE ALABAMA
)
Docket "a. 70-2909 NUCLEAR FUEL FABRICATION PLANT (ANFFP)
)
TO BE LOCATED NEAR PRATTVILLE, ALABAMA
)
CERTIFICATE OF SERVICE, I hereby certify that copies of "NRC STAFF'S RESPONSE TO JOINT MOTION FOR SUBSTITUTION OF NAMED INTERVENOR"; "NRC STAFF'S ANSWER TO PETITION FOR LEAVE TO INTERVENE FILED BY CATHALYNN DONELSON" and "NRC STAFF'S MOTION FOR EXTEN-S10N OF TIME IN WHICH TO FILE ITS RESPONSE TO THE CONTEt;TIONS FILED BY DAVID L. ALLRED" in the above-captioned proceeding have been served on the f2110< ting by deposit in the United States mail, first class, or, as indi-c.'_ed by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 1st day of D, ember, 1980:
John F. Wolf, Esq.. Chairman Donald R. Marcucci, Esq.
Atomic Safety and Licensing Board Law Department 3409 " apherd Street Westinghouse Electric Corp.
Chevy Chase, MD 20015 P.O. Box 355 Pittsburgh, PA 152?0 Dr. Harry Foreman, Member Atomic S:'ety and Licensing Board Julian L. McPhillips Jr., Esq.
E'x 395, Mayo P.O. box 64
'aHversity " 'iinnesota 516 South Perry Street IO
- apol u, MN 55455 Montgomery, AL 36101 Dr. Martin Steindler, Member David L. Allred, Esq.
Atomic Safe y and Licensing Board 231 Oak Forest Drive Ar pone N.
Ional Laboratory Mont9 w y, AL 36109 9
. ti.
ns Avenue Argonne, IL 60439 Dr. Ira L. Myers, M.D.
State lealth Of.icer Barton Z. Cowan, Esq.
State of Alabama Eckert, Seamans, Cherin & Mellot Department of Public Health Fc
/-Second Floor State Office idirg 600 Grant Street Montgomery, AL 36104 Pittsburgh, PA 15219 sw.
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'iionii n h Q k,
- Ms. Cathalynn Donelson Atmic Safety and Licensing Appeal 855 Park Avenue Panel (5)*
Montgomery, AL 36106 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Panel
- Docketing and Service Section (7)*
U.S. Nuclear Regulatory Commission Office of the Secretary Washington, DC 20555 U.S. Nuclear Regulatory Commission Washingtor, DC 20555 Lb Sherwin E. Turk Counsel for NRC Staff
.