ML20002B825
| ML20002B825 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 12/29/1980 |
| From: | Gollo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8101060921 | |
| Download: ML20002B825 (3) | |
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD IN THE MATTER OF
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CONSUMERS PCWER COMPANY
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COCKET NO. 50-155
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(Spent Fuel Pool Modification)
(Big Rock Point Nuclear Power Plant))
LICENSEE'S REPLY TO MOTION OF JOHN A.
LEITHAUSER On December 19, 1980, Mr. John A.
Leithauser, a participant in the appeal pending in this proceeding,p filed a motion to postpone the date scheduled foi ora argument from January 9 to January 21, 1981.
Consumers Power Company (" Licensee") submits this reply 5n opposition; i
to Mr. Leithauser's request.
Mr. Leithauser has failed to show good cause i
that would warrant the grant of his motion.
Mr. Leithauser states he needs an additional 12 days due to the " complexity of communication with other intervenors requisite to the scheduled hearing and the sluggish pace of the U.S. mail, l
the only means available to this intervenor."
Mr. Leithauser I
lives in the same locale as Intervenors Christa-Maria, et al.
and John O'Neill and'it is evident that additional time is not needed to communicate with them.
Mr. Leithauser, pur-l suant to the Appeal Board's Order of December 19, may also S
wish to communicate with Ms. Christa-Maria's Washington
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counsel and counsel for the Council on Environmental Quality
( "CEQ " ).
However, Mr. Leithauser fails to explain why he is unable to use the telephone
- as a means of communication thereby making any request for a postponement unnccessacy.
The absence of such an explanation warrants denial of his motion on that basis alone.
Mr. Leithauser suggests further that postponement is necessary to allow him three or four days to travel to Washington "if" he decides to participate in the oral argu-ment.
A postponement of the oral argument can hardly be justified when the person requesting the action has not yet decided whether or not to participate.
Moreover, Mr.
Leithauser fails to explain, assuming the need for three or four days of travel time, why he cannot depart for Washington on or about January 5, 1981, and arrive in-time I
l for argument on the 9th.
The grant of Mr. Leithauser's motion would add to the undue delay that already has occurred in this pro-l ceeding.
The application for license amendment was filed in l
April 1979, and its review by the NRC Staff has not progressed l
l The cost of telephone service between Michigan and Washington is modest, and Licensee assumes that counsel for Christa-Maria, et al. could act as a coordinator of views with CEQ so that only one call would be needed.
Indeed if it were necessary for Mr. Leithauser to talk directly with CEQ, such a call undoubtedly could be initiated by CEQ without any expense to Mr. Leithauser.
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significantly.
The environmental issue on appeal has, of course, caused a deferral of the environmental appraisal.
More importantly, the NRC Staff has not issued its safety evaluation report ("SER") concerning the application.
The issuance of the SER was promised on February 15, 1980 and then November 1980.
Although the pending appeal does not affect the issuance of the SER, the NRC Staff has not favored the Licensing Board or the remaining parties with their latest prognostication.
Licensee is confident that counsel for the Staff will devote her best efforts to provide a status report, and perhaps also declare a new target date for SER issuance -- one that experience teaches likely will be ignored by NRC's Office of Nuclear Reactor Regulatior.
Although Mr. Leithauser is not at fault for the foregoing delays, the grant of his motion, which as shown above lacks good cause, would only add to the inaction that surrounds the agency's failure to process the pending application in a timely manner.
l For the foregoing reasons, Mr. Leithauser's motion should be denied.
Respectfully submitted, b
7 oseph Gallo One of the Attorneys for Consumers Power Company Dated:
December 29, 1980 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. 50-155
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(Big Rock Point Nuclear Power Plant))
CERTIFICATE OF SERVICE I hereby certify that copies of the following:
LICENSEE'S REPLY TO MOTION OF JOHN A. LEITHAUSER in the above-captioned proceeding was served upon the following persons by depositing copies thereof in the United States mail, first class postage prepaid, this 29th day of December, 1980.
Thomas S.
Moore, Chairman Herbert Grossman, Esquire Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. John H. Buck Dr. Oscar H. Paris Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20355 Christine N.
Kohl., Esquire Mr. Frederick J. Shon Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Janice E.
Moore, Esquire Docketing and Service Section Counsel for NRC Staff Office of the Secretary U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Gail Osheranko, Esquire John A. Leithauser Council on Environmental Quality Energy Resources Group 722 Jackson Place, N.W.
General Delivery Washington, D.C.
20006 Levering, Michigan 49755 John O'Neill, II Ms. JoAnne Bier Route 2, Box 44 204 Clinton Maple City, Michigan 49664 Charlevoix, Michigan 49720 Christa-Maria Mr. James Mills Route 2, Box 108C Route 2, Box 108 Charlevoix, Michigan 49720 Charlevoix, Michigan 49720 Herbert Semmel, Esquire Judd Bacon, Esquire Antioch School of Law Consumers Power Company 1624 Crescent Place, N.W.
212 West Michigan Avenue Washington, D.C.
20009 Jackson, Michigan 49201 QP_ =h L si l
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