ML19354C463

Request to File Untimely Objection to ASLB 801202 Prehearing Conference Order.Counsel Was Ill When Regulation Time Period Expired.Certificate of Svc Encl

ML19354C463
Person / Time
Site:	South Texas
Issue date:	03/17/1981
From:	Buchorn P, Sinkin L Citizens Concerned About Nuclear Power, INC., CITIZENS FOR EQUITABLE UTILITIES
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8104060683
Download: ML19354C463 (2)

Text

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c0GC 9 UNITED STATES OF A'tERICA -

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NUCLEAR REGULATORY CO.T.!ISSION 'j i 2 L 6198I >

BEFORE '5EsATO'fIC' SAFETY AND LICENSING-BOARD

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In the Matter of

, M l%i tO EOUSTON LIGHTING AND POWER Docket Nosi 50-498 COMPANY ET AL 50-49 (South Texas Project, g. )

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CEU 'AND CCANP fiOTION FOR LEAVE TO FILE EOTI u.s.,=,

OUT OF TIME OBJECTING TO P?IHEARING CONFERE CE ORDER DATED DECDiBER 2, 1980 Wm A'

-r On November 19, 1980, the Board convened and cond

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a 'prehearing conference in these proceedings. At the time of that prehearing conference, Citinens for Equitable Utilities

,(CEU) and Citizens Concerned About Nuclear Power representatives objected to certain rulings by the Chairman. CCANP attorneys specifically requested the Board to enter an order on those

! matters so that CEU might file objections. (Tr. at 300) The l Board issued such an order on December 2, 1980.

Under 10 C.F.R. 5 2.752(c), CEU had five (5) days in which to file objections. Unfortunately, the CEU representative l

was ill at that time and shortly thereafter had surgery.

Consequently, the Intervenor desire to protest the Order of December 2, 1980 did not find expression in a formal objection filed with this Board.

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CEU and CCANP request leave of the Board to file a motion out of time objecting to the prehearing conference order dated l

December 2, 1980. This relief is required to prevent serious adverse effects to Intervenor interests. -

--- -- Respectfully submitted ,

)h Peggy Bf9)6rn, CEU LannyfSinkin,CCANP l 8yg5000{QG

Certificat; 'of Service de hereby certify that the foregoing document has been served on the following individuals and entities by hand (*) or by deposit in the U.S. Mail, first class, postage prepaid on this 175 l day of March, 1981.

2- +1 c4 6 m Pe KB6 horn LannpSinkin Charles Bechhoefer,' Esquire

• Ur. Jack Newman Chairman Lowenstein, Newman, Reis, Atomic Safety and Licensing Board Axelrad, & Toll U.S. Nuclear Regulatory Commission 1025 Connecticut Avenue, NW Washington, D.C. 20555 Washington, D.C. 20036 Dr. James C. Lamb

• Docketing and Service Section (7)

Office of the Secretary 313 Woodhaven Road U.S. Nuclear Regulatory Commission Chapel Hill, North Carolina 27514 Washington, D.C. 20555 Mr. Ernest E. Hill Atomic Safety and Lic' easing Lawrence Livermore Laboratory

. University of California Board Panel P.O. Box 809, L-123 U.S. Nuclear Regulatory Commission Liver = ore, Ca. 94550 Washington, D.C. 20555 Edwin J. Reis

• Atomic Safety and Licensing Office of the Executive Appeal Panel (5)

Legal Director U.S. Nuclear Regulatory Commis.- '7L U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Brian E. Berwick

• Assistant Attorney General for the State of T,exas g a 4 1: . >a 261S8t

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