ML19345H037
| ML19345H037 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1981 |
| From: | NRC OFFICE OF MANAGEMENT AND PROGRAM ANALYSIS (MPA) |
| To: | |
| References | |
| NUREG-0030, NUREG-0030-V04, NUREG-30, NUREG-30-V4, NUDOCS 8104300130 | |
| Download: ML19345H037 (149) | |
Text
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04/29/81 MR 3 0,1981 > ~
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UNITED STATES OF AftERICA ff N's/
NUCLEAR REGULATORY C0ftf11SSION 4
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Itatter of GENERAL ELECTRIC C0t1PANY
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Docket Nos. 70-1308 & 72-1
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(Renewal of SNtt-1265)
(GE fiorris Operation Spent Fuel
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Storage Facility)
)
NRC STAFF MOTION TO STRIKE GENERAL ELECTRIC'S LETTER OF APRIL 24, 1981 In a letter to the Atonic Safety and Licensing Board (hereafter "the Board"), dated April 24, 1981, General Electric provides its " comment on the schedule proposed on April 17, 1981, for resumption of this proceeding by the NRC Staff". Although this letter is not designated as such, it is in essence a reply by General Electric, as the moving party, to "NRC Staff Answer to General Ele.ctric's Proposed Schedule for Resumption of Proceeding and Request for Ruling on All Outstanding flotions", dated April 17, 1981 (hereaf ter " Staff's Answer").
The NRC Rules of Practice, at 10 CFR 6 2.730(c), do not allow for the filing of a reply by the moving party to another party's answer in circum-stances where, as here, the moving party has not received pemission to do so.
Specifically,10 CFR 6 2.730(c) states (in pertinent part):
l "The moving party shall have no right to reply, except as pemitted by the presiding officer or the Secretary or the Assistant Secretary."
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In as much as General Electric has not sought leave from the Board-pursuant to 10 CFR 6 2.730(c) to file a reply to the Staff's Answer, supra, the Board should strike General Electric's letter replying to the Staff's Answer, supra, or in the alternative, should disregard that letter.
Respectfully submitted, b
b b-bN4 M Marjorie Ulman Rothschild Counsel for NRC Staff Dated at Bethesda, Maryland this 29th day of April,1981 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE AT0!ilC SAFETY AliD LICENSING BOARD In the Matter of
)
)
GEHERAL ELECTRIC C0itPANY
)
Docket No. 70-1308 r, 72-1
)
(Renewal of SNM-1265)
(GE !! orris Operation Spent Fuel
)
Storage Facility
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION TO STRIKE GENERAL ELECTRIC'S LETTER OF APRIL 24, 1981" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as Indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 29th day of April, 1981:
Andrew C. Goodhope, Esq., Chairman
!!s. Bridget Little Rorem Administrative Judge 117 North Linden Street Atomic Safety and Licensing Board Essex IL 60935 3320 Estelle Terrace Wheaton, MD 20906 Edward Firestone, Esq.
Legal Operation Dr. Linda W. Little General Electric Company Administrative Judge 175 Curtner Avenue 5000 Hermitage Drive Mail Code 822 Raleigh, NC 27612 San Jose, CA 95125 Dr. Forrest J. Remick Mr. Everett Jay Quigley Administrative Judge R.R. 1 Box 378 305 East iiomilton Avenue Kankakee, IL 60901 State College, PA 16801 Atomic Safety and Licensing Board John Van Vranken, Esq.
Panel
- Office of the Attorney General U.S. Nuclear Regulatory Commission 188 West Randloph Street Washington, DC 20555 Suite 2315 Chicago, IL 60601 Atomic Safety and Licensing Appeal Panel (5)*
Ronald Szwajkowski, Esq.
U.S. Nuclear Regulatory Commission Matthew A. Rooney, Esq.
Washington, DC 20555 Dennis A. Mcitahon, Esq.
Mayer, Brown & Platt Docketing and Service Section (7)*
231 South LaSalle Street Office of the Secretary Chicago, IL 60604 U.S. Nuclear Regulatory Commission Washington, DC 20555 l
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Marjorde Ulman Rothschild Counsel for NRC Staff