ML20004B704
| ML20004B704 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 05/22/1981 |
| From: | Semmel H AFFILIATION NOT ASSIGNED, BIER, MILLS, CHRISTA-MARIA, ET AL |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20004B700 | List: |
| References | |
| NUDOCS 8105290320 | |
| Download: ML20004B704 (3) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket No. 50-155 CONSUMERS POWER COMPANY
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(Spent Fuel Pool Modification)
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(Big Rock Point Nuclear Plant)
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REQUEST FOR CONTINUANCE BY INTERVENORS CRISTA - MARIA, MILLS AND BIER
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DocKImc a This application requests a continuance of all steps in this proceeding until dates after July 22, 1981, a delay of two months, occasioned by the absence from the country of counsel for intervenors.
If the continuance is not granted, intervenors will be without counsel.
As the facility can
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continue to operate through 1984 without expansion of the spent'
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fuel pool, the licensee will suffer no harm by the short delay requested.
On May 15,1981 counsel for the Staff advised counsel for intervenors that the EIA and SER in this matter was being mailed tc him that day.
The undersigned counsel for intervenors is leaving the country on May 25, 1981 for a two month, long-planned trip to Europe, during which he will be a scholar in residence at the law school of the University of Warsaw, Poland.
Counsel will return to the United States on July 21, 1981.
Because of commitments, the dates of the trip cannot be changed at this late date. 8105 29 0g
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Under the Order Following Special Prehearing Conference, dated January 17, 1980, request for additional discovery, r6 plies to such repasts, filing of new contentions and responses to new contentions all must be filed within fifty-four days of issuance of the EIA and SER, During this period, Counsel for intervenorr, will be out of the country.
In addition, motions for summary disposition must be filed within seventy-four days after issuance of the SER and EIA, and counsel for intervenors will be away for all but about seven of those days.
Intervenors therefore request that the time for each of the steps mentioned on page 35 of the Order Following Special Prehearing Conference be computed as of July 22, 1981, the date of the return of intervenors' counsel.
Th6s requests for additional discovery will be due by August 11, 1981 and replies to such requests will be due August 31, 1981, and so on.
No one will be injured by the short f.elay.
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stated in oral argument to the Appeal Boa.rd that the plant could..
operate through 1984 without expansion of the spent fuel pool, and the Appeal Board so found.
See Decision of March 31, 1981, page 24.
All the steps set forth in the Order Following Special l
l Prehearing Conference are to be completed within 134 days, l
so that if this motion is granted the process will be complete l
by December 3, of this year, leaving three more years of operating l
life of the plant.
The requested continuance is miniscule compared with the delay taken by the Staff thus far.
The Order Following Special Prehearing l
Conference estimated the EIA and SER to issue mid-February 1980 -
it has finally been issued fifteen months later, May 1981.
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Finally, if the continuance is not granted intervenors will be left without counsel.
As the record reflects, intervenors original counsel were forced to withdraw, because intervenors ran out of funds to pay them.
The undersigned thus agreed to act without
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compensation _ and knows no other attorney willing to undertake representation in this matter.
Since the undersigned will be out of the country until July 21, the undersigned cannot act for intervenors during that period.
Since important steps in this litigation are currently required before counsel's return, the undersigned is forced to request that this motion be regarded in the alternative as withdrawal of the undersigned as counsel for intervenors if this motion for continuance is not granted.
This action is not intended as any disrespect for the process of the Licensing Board but merely reflects the fact that the undersigned will be already gone from the country before the Licensing Board has the opportunity to act on this motion for continuance.
Raspe tful subm tted, A'W Herb rt Semmel s
Antioch School of Law 263316th Street, N.W.
l Washington, D.C.
20009 (202) 265-9500 l
Attorney for Intervenors l
Crista Maria, Mills and Bier l
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