ML20003B734
| ML20003B734 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 02/20/1981 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102250415 | |
| Download: ML20003B734 (6) | |
Text
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i 02/20/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAREB.
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In the Matter of a,
APPLICATION OF WESTINGHOUSE ELECTRIC
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CORPORATION FOR A SPECIAL NUCLEAR
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MATERIAL LICENSE FOR THE ALABAMA
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Docket No. 70-29 NUCLEAR FUEL FABRICATION PLANT (ANFFP))
TO BE LOCATED NEAR PRATTVILLE, ALABAMA)
JOINT MOTION FOR EXTENSION OF TIME Pursuant to 10 CFR 65 2.711 and 2.730, the NRC Staff (" Staff") and
.other parties identified in paragraphs 3 and 7 below, hereby move for the following extensions of time:
(a) an extension of time of five (5) days, until February 25, lem
<n which to file a stipulation and response to contentions file,
, retitioner Safe Energy Alliance of Central Alabama, Inc. ("SEACA"); and (b) an extension of time of 16 days, until March 16, 1981, in which to file a stipulation and response to conten-tions identified by Petitioner Cathalynn Donelson as those she seeks to preserve in this proceedin'..
In support hereof, the Staff states as follows:
(a; Stipulation of SEACA's Contentions-1.
On February 2, 1981, the Atomic Safety and Licensing Board
(" Licensing Board") issued a_ Memorandum and Order (" Order") which, inter alia, noted that the Staff, Applicant Westinghouse Electric Corp. P Appli-cant") and Petitioner SEACA "may be about to stipulate a number of SEACA's
-contentions" (Order, at 2). Accordingly, the_ Licensing-Board k
81022301
- 15.
2-o extended the time in which the Staff, Applicant, SEACA and the State of Alabama may file "a response setting forth the basis for their respective positions" as to those contentions which could not be agreed upon by way of stipulation.
2.
The Staff, Applicant and Petitioner SEACA have beer continuing their efforts to reach a stipulation of contentions, and believe that agree-ment upon a stipulation will be reached shortly. Further, the Staff, Applicant l
and SEACA believe that the stipulation, as well as their respective state-rients of position as to non-stipulated contentions, can be filed on or before February 25,1931.E
.3.
In view of the likelihood that an agreement upon a stipulation will be reached within the next few days, the Staff, Applicant and Peti-tioner SEACA request an extension af time of five (5) days, until February 25, 1981, in which to file the stipulation and their respective positions concerning those contentions as to which no stipulation is reached, i
(b)
Stipulation of Donelson's Contentions 4.
In the telephone confu2nce call held on January 30, 1981
.among the parties, petitioners, and Licensing Board, Petitioner Donelson undertook to submit a verbatim listing of the contentions she seeks to
. preserve in this proceeding (Order, at 2). The Licensing Board urged the parties "to meet as soon as possible with Miss Donelson to edit the
-1/
While a stipulation appears likely to-be agreed upon by February 25 1981, it will not be possible to file a properly signed copy of the stipulation at that time, due to delays resulting from the parties' having to circulate the stipulation by mail. Accordingly, the parties' intend to file by February 25, 1981,- an unexecuted copy of the stipulation which the Staff will have been authorized to submit by the Applicant-and SEACA. An identical copy of the stipulation will be filed shortly-thereafter, properly executed by the parties to the stipulation.
0 a contentions, to stipulate those as to which agreement can be reached and to state the basis for disagreement as to the remaining ones" (id.).
It was anticipated that sJch a Stipulation and positions as to non-stipulated contentions might be filed by February 28, 1981.
5.
The Staff, Applicant and SEACA have been actively engaged in attempting to reach a Stipulation of SEACA's contentions, as discussed supra, paras. 1-3, and have not yet had an opportunity to meet with Petitioner Donelson to discuss the contentions she seeks to preserve.
Furthermore, inasmuch as a stipulation of SEACA's contentions has not as yet been finalized, any discussion of Ms. Donelson's contentions would have been seriously impaired and tentative, at best.
6.
In view of the likelihood that agreement upon a Stipulation will be reached as to SEACA's contentions within the next few days, the Staff, Applicant and Petitioner Donelson believe that they will be able to commence discussions in the near future in an effort to agree upon a stipulation of the contentions Petitioner Donelson seeks to preserve.
7.
The Staff, Applicant and Petitioner Donelson believe that an extension of time until March 16, 1981 will serve to advance the orderly conduct of this proceeding, arid that no significant delay to the proceeding will result from the granting of this Motion. Accordingly, the Staff, Applicant and Petitioner Donelson request an extension of time of 16 days, until March 16, 1981 in which to file a Stipulation and their respective positions concerning those contentions as to which no stipulation is reached.
8.
Counsel for the NRC Staff has been authorized to submit this Motion by the Applicant, Petitioner SEACA, and Petitioner Donelson on their behalf.
. WHEREFORE, pursuant to 10 CFR 99 2.711 and 2.730, the Staff and other parties identified herein hereby move for (a) an extension of time of five days, until February 25, 1981, in which to file a stipulation and response to contentions filed by Petitioner SEACA, and (b) an extension of time of 16 days, until March 16, 1981, in which to file a stipulation and response to contentions identified by Petitioner Donelson.
Respectfully submitted, iw UA L Sherwin E. Turk Counsel for NRC Staff Dated at Bethesda, Maryland this 20th day of February, 1981
I g
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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APPLICATION OF WESTINGHOUSE ELECTRIC
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CORPORATION FOR A SPECIAL NUCLEAR
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MATERIAL LICENSE FOR THE ALABAMA
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Docket No. 70-2909 NUCLEAR FUEL FABRICATION PLANT (ANFFP)
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TO BE LOCATED NEAR PRATTVILLE, ALABAMA
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CERTIFICATE OF SERVICE I hereby certify that copies of "J0 INT MOTION FOR EXTENSION OF TIME" 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, through deposit in the Nuclear Regulatory Commission's internal mail system, this 20th day of February, 1981:
John F. Wolf, Esq., Chairman Julian L. McPhillips, Jr., Esq.
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Atomic Safety and Licensing Board P.O. Box 64 3409 Shepherd Street 516 South Perry Street Chevy Chase, MD 20015 Montgomery, AL 36101 Harry Foreman, Esq.
David L. Allred Esq.
Box 395, Mayo 231 Oak Forest Drive University of Minnesota Montgomery, AL 36109 Minneapolis, MN; 55455 Dr. Ira L. Myers, M.D.
Martin J. Steindler, Esq.
State Health Officer Argonne National Laboratory State of Alabama 9700 South Cass Avenue Department of Public Health Argonne, IL 60439 State Office Building Montgomery, AL 36104 Barton Z. Cowan, Esq.
Eckert, Seamans, Cherin & Mellot Ms. Cathalynn Donelson Forty-Second Floor 855 Park Avenue 600' Grant Street Montgomery, AL 36106 Pittsburgh, PA 15219 Atomic Safety and Licensing Board Donald R. Marcucci, Esq.-
Panel
- Law' Department U.S. Nuclear Regulatory Commission Westinghouse' Electric Corp.
Washington, DC 20555 P.O. Box 355 Pittsburgh, PA 15230
. 4 Atomic Safety and Licensing Appeal Panel (5)*
U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section (7)*
Office of the Secretary U.S. fluclear Regulatory Commission Washington, DC 20555 Lb Sherwin E. Turk Counsel for NEC Staff I