ML19352B267
| ML19352B267 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 06/22/1981 |
| From: | Thornton P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8107010378 | |
| Download: ML19352B267 (5) | |
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UNITED STATES OF AMERICA Tuf o
NUCLEAR REGULATORY COMMISSION N' /. / / 1,4;\\ \\
n-N BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket No. 50-155-OLA CONSUMERS POWER COMPANY
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Spent Fuel Pool
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(Big Rock Point Nuclear
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APPLICANT'S MOTION FOR AN EXTENSION 0 g\\P -
OF TIME TO RESPOND TO INTERVENOR C
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CHRISTA-MARIA'S " REQUEST FOR
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PREPARATION OF ENVIRONMENTAL g
IMPACT STATEMENT" s
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(" Applicant") has received l
a pleading entitled "Reque,.st for Preparation of Environmental Impact Statement" from Intervenor Christa-Maria.
Although-contrary to the Commissioner's Rules of Practice, the copies served on Applicant are unsigned, undated, and lack a certi-ficate of service, the envelope bears a U.S. postmark dated June 15, 1981.
Therefore, pursuant to 10 CFR 552.730 and 2.710, Applicant would have until June 30, 1981 to respond.
This is a request for a two-week extension of that filing date.
Intervenor's raquest, relying or a footnote in the i
Appeal Board's recent decision in this case, ALAB-636, argues
- hat the Licensing Board has the discretion to command preparation of an environmental impact statement addressing DS 3 l
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O the environmental effects of continued operation of the Big Rock Point Plant, even though the Appeal Board has ruled that NEPA does not require this result.
The request raises complicated issues of law, including whether this Bpard has been delegated such discretion by the Commission, and whether the Board has the authority to commit Staff r
resourcca to such a major undertaking.
Further, even if the Board has such discretion, the question arises whether Intervenor has any threshold obligation to produce some factual basis in support of its request, beyond the rhetorical and unsupported suggestion that the environmental effects of continued operation the Big Rock Point Plant may be compared to human ingestion of rat poison.
- Finally, in li'ght of the delay which has already occured in this case and the impending loss of full core discharge capa-bility at the plant, Applicant's response will argue that it would not be an appropriate exercise of discrecion, assuming such discretion cr.ists, for the Board to order preparation of an envi ronmental impact statement at this late date.
Applicant requests a two-week extension, until July 14, 1981, to permit a thorough and adequate response to Intervenor's request.
In light of this Board's recent l
ruling dated June 16, 1981 granting Intervenor's request for l l
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a continuance, granting Applicant's request for a two week ex;ension of time bill hava no schedule impact.
Respectfully submitted,
( xtw, dan 9n One of the Attorneys for Applicant ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 312/558-7500 e
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6/22/81 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket No. 50-155-OLA CONSUMERS POWER COMPANY
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Spent Fuel Pool.
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Expansion (Big Rock Point Nuclear
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Power ' Plant)
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CERTIFICATS OF SERVICE I hereby certify that copies of APPLICANT'S MOTTON FOR AN EXTENSION OF TIME TO RESPOND TO INTERVENOR CHR.STA-MARIA'S " REQUEST FOR PREPARATION OF AN ENVIRONMENTAL 1
IMPACT STATEMENT" in the above-captioned proceeding were served on the following by deposit in the United States mail, first class postage prepaid, this 22nd day of June, 1981:
Herbert Grossman, Esq.
Atomic Safety and Licensing Atomic Safety and Licensing
' Appeal Board Panel Board Pandl U. S. Nuclear Regulatory U.S. Nuclear Regulatory Cc nission Commission Washington, D.C.
20555 Washington, D.C.
20555 Docketing and Service Section Dr. Oscar H. Paris Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C. 20555 Janice E. Moore, Esq.
Marcia E. Mulkey, Esq.
Mr. Frederick J. Shon Office of the Executive Legal Atomic Safety and Licensing Director Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. John O'Neill, II Atomic Safety and Licensing Route 2, Box 44 Board Panel Maple City, Michigan 49764 U.S. Nuclear Regulatory Commission Christa-:! aria Washington, D.C. 20555 Route 2, Box 108c Char'evoix, Michigan 49720
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Herbert-Semmel, Esq.
Urban Law Institute
'Antioch School of Law 2633 16th Street, N.W.
Washington, D.C.
2000"
-Ms. Joanne Bier 204 Clinton Charlevoix, Michigan 49720 Mr. James Mills Route 2, Box 108 Charlevoix, Michigan 49720 jA A b
Peter Thornton i
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