ML20006D763
| ML20006D763 | |
| Person / Time | |
|---|---|
| Issue date: | 02/09/1990 |
| From: | Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#190-9822, REF-QA-99990004-900209 89-582-01-SC, 89-582-1-SC, EA-87-223, LBP-89-39, NUDOCS 9002150031 | |
| Download: ML20006D763 (4) | |
Text
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'90 FEB -9 P3 50 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION grNC Of SECRETARY BEFORET81EATOMICSAFETYANDLICENSINGAPPEALBO%EI$'c?f#
In the Matter of Docket No. 999904 (General License Authority WRANGLER LABORATORIES, LARSEN of 10 C.F.R. 40.22)
LABORATORIES, ORION CHEMICAL COMPANY AND JOHN P. LARSEN E.A.87-223 ASLBP No. 89 582-01-SC NRC STAFF MOTION TO EXTEND TIME FOR FILING NRC STAFF'S BRIEF ON APPEAL INTRODUCTION i
1.
On January 2,1990, the NRC Staff filed a Notice of Appeal of the Licensing Board's Initial Decision (LBP 89 39). Pursuant to the Commission's regulations in 10 C.F.R. 6 2.762(b), the Staff's brief is due to be filed by February 12, 1990.
I 2.
Because of conflicting demands in other cases, Staff counsel has not had time to prepare thte complex appeal.
While it would be possible to file its i
brief when scheduled, by Monday, February 12th, the Staff believes that an extension of twenty one days until March 5th would allow Staff counsel the time
'to better address the very complex legal and policy issues raised in the Licensing Board's Initial Decision.
3.
On February 6, 1990, the NRC Staff received the full text of a State of Utah Department of Radiation Control order addressed to Mr. John Larsen.
The Staff had previously received part of the document, but it was only on February 6th that it received the document in its entirety.
Information in the order bears importantly on several of the issues (aised by LBP 89-39, and the Staff L
l filed a Board Notification forwarding the Utah order to the Appeal Board on February 8, 1990. The Staff needs additional time to fully consider the order 9002150031 900209 REG 4 QA999 EXIWRANO 99990004 PDR 47
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i and its implications respecting the Staff's appeal.
4.
Mr. Larsen would not be disadvantaged by any extension granted to the Staff, as the Licensing Board's Initial Decision, LBP 89-39, by its terms immediately effective, is favorable to Mr. Larsen.
l MOTION Wherefore, the NRC Staff moves the Appeal Board to extend the time for filing its brief on appeal by twenty one days until March 5, 1990.1 Respectfully submitted, 6 P N\\ k Ann P. Hodgdon Counsel for NRC Staff Dated at Rockville, Maryland this 9th day of February,1990.
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i 3Staff counsel has tried repeatedly without success to reach Mr. Larsen by telephone.
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1 exhETED 4
USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 110 FEB -9 P3 :50 BEFORE THE ATOMIC SAFETY AND LICENSING APPEALSg h0CKlilNG A URVICf.
BRANCH In the Matter of Docket No. 9999004 WRANGLER LABORATORIES, LARSEN (General License Authority LABORATORIES, ORION CHEMICAL COMPANY of 10 C.F.R. 40.22)
AND JOHN P. LARSEN E.A.87-223 ASLBP No. 89-582-01-SC i
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF MOTION TO EXTEND TIME FOR FILING NRC STAFF'S BRIEF ON APPEAL" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by r,n asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of February, 1990:
Charles Bechhoefer, Chairman
- Dr. Jerry R. Kline*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Frederick J. Shon*
John P. Larsen Administrative Judge Orion Chemical Company Atomic Safety and Licensing Board 625 South, 850 East U.S. Nuclear Regulatory Comission Orem, Utah 84057 Washington, D.C.
20555 Atomic Safety and Licensing Atomic Safety and Licensing AppealPanel(5)*
l Board Panel (1)*
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Washington, D.C.
20555 Adjudicatory File
- Office of the Secretary
- Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Attn: Docketing and Service Section L
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r William L. Brown, Esq.*
D. Blair Spitzberg*
U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission 611 Ryan Plaza Drive Suite 1000 611 Ryan Plaza Drive i
Arlington, Texas 76011 Arlington, TX 76011 1
VLNL Lek Ann P.
Hodgdon Counsel for NRC Staff i
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