ML20005B913
| ML20005B913 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 09/03/1981 |
| From: | Mount R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML20005B912 | List: |
| References | |
| EA-81-018, EA-81-18, ISSUANCES-SP, NUDOCS 8109160107 | |
| Download: ML20005B913 (5) | |
Text
.
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORETHEATEMICSAFETYANDLICENSINGAPPEALBOARD In the Matter of CONSUMERS POWER COMPANY Docket No. 50-255-SP (Palisades Nuclear Power Facility)
(EA81-18)
AFFIDAVIT OF RONALD E. MOUNT I, Ronald E. Mount, hereby depose and say that:
1.
Prior to September 3,1981, I was one of the attorneys repre-senting the United States Nuclear Regulatory Commission in a proceeding concerning a request for e hearing filed by Laura J. Campbell, Esq., on behalf of the Utility Workers Union of America and for the Michigan State Utility Workers Council (the " UNION"), Docket No. 50-255-SP.
2.
On Thursday, August 13, 1981, I received a telephone call from Ms. Campbell concerning a Memorandum and Order issued by the Atomic Safety and Licensing Board, dated July 31, 1981, which denied the Union's request for a hearing.
In that conversation, Ms. Campbell indicated that she had just returned to the office after a period of absence and was unable to find a copy of the Memorandum and Order of July 31, 1981. At Ms. Campbell's request, I agreed to immediately send
> her a copy of that Memorandum and Order.
3.
In that same conversation Ms. Campbell indicated that she was con-sidering filing an appeal of the July 31, 1981 Order. She asked whether 8109160107 810915 ADR ADOCK 05000255 G
9 she and I could simply agree to an extension of the time period in which her appeal would be due.
I indicated that any extension of time would have to be granted by the Atomic Safety and Licensing Appeal Board and could not be accomplished by an agreement between counsel for the parti:3.
I also indicated that should she decide to request an extension from the Board, the NRC Staff would decide at the time of the request whether to oppose, support, or remain neutral with respect to any such request. Ms. Campbell then indicated that sre believed she could have har appeal ready by Monday in any event.
I interp eted this comment to mean that she intended to file her appeal by Monday, August 17, 1981 and that she was fully aware that Monday, August 17, 1981 was the day the appeal had to be filed in erder to be timely.
To the best of my recollection, Ms. Campbell did not, however, state ut rectly that August 17, 1981 was the date the appeal had to be filed.
4.
In that same conversation, I also indicated to Ms. Campbell that she could also contact Administrative Judge Elizabeth Bowers, Chainnan of the Atomic Safety and Licensing Board in order to obtair, a copy of the July 31, 1981 Memorandum and Order as quickly as possible.
5.
Subsequent to the above described phone call, I contacted Ms.
Campbell via telephone later in the day on August 13, 1981.
I inquired whether her office had a "telefax" machine in order that I might send her a copy of the July 31, 1981 Memorandum and Order as quickly as possible.
Upon being infonned that her office did not have a "telefax" machine, I informed Ms. Campbell that I would, at her request, attempt to send the re-quested documen.t via express mail. To the best of my knowledge, the July 31,
1981 Memorandum and Order was sent to Ms. Campbell via express mail on August 13, 1981, 6.
I state under penalty of perjury that the foregoing is true and J
correct to the best of my knowledge, information and belief.
Executed on September 3,1981, in Bethesda, Maryland.
MMd (. % =
Ronald E. Mount l
I
UNITED STATES OF At1 ERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter
)
Docket No. 50-255 SP CONSUMERS POWER COMPANY (EA81-16)
(Palisadcs Nuclear Power Facility)
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC STAFF'S REPLY TO THE UNION'S SHOW-ING 0F CAUSE FOR LATE FILING and attached AFFIDAVIT OF RONALD E. MOUNT in the above-cr.ptioned 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 15th day of September 1981.
Alan S. Rosenthal, Chairman
- Dr. Peter Morris
- Administrative Judge Administrative Judge Atomic Safety & Licensing Appeal Board Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 l
Thomas S. Moore
- Dr. Jerry R. Kline
- Administrative Judge Administrative Judge l
j Atomic Safety & Licensing Appeal Board Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Christine N. Kohl
- Atomic Safety & Licensing Board Panel
- l Administrative Judge U. S. Nuclear Regulatory Commission 1
Atomic Safety & Licensing Appeal Board Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Judd Bacon, Esq.
Consumers Power Company Elizabeth S. Bowers, Chaiman
- 212 W. Michigan Avenue Administrative Judge Jackson, Michigan 49201 Atomic Safety & Licensing Board Washington, D. C.
20555 l
l t
Theodore Sachs, Esq.
Atomic Safety & Licensing
~
Laura Campbell, Esq.
Appeal Board Panel
- liarston, Sachs, Nunn, Kates, U.S. Nuclear Regulatory Commission Kadushin & 0' Hare, P.C.
Washington, D.C. 20555 1000 Farmer Street Detroit, Michigt.n 48226 Docketing & Service Sect un
- U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Stephen G. Burns Counsel for NRC Staff l
l l
l