ML20009B330

Requests That NRC Notify N Reynolds That 810622 Petition for Extension of Deadline for Compliance w/CLI-80-21 Has Been Retitled.Svc Should Be Made of All Subsequent Papers on Parties to Proceeding,Including Ucs

ML20009B330
Person / Time
Site:	Beaver Valley, Millstone, Monticello, Calvert Cliffs, Dresden, Davis Besse, Oconee, Mcguire, Indian Point, Catawba, Harris, Saint Lucie, Point Beach, Grand Gulf, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Prairie Island, Columbia, Brunswick, Surry, North Anna, Turkey Point, Duane Arnold, Robinson, San Onofre, Comanche Peak, Yankee Rowe, Quad Cities, Zion, FitzPatrick, McGuire, LaSalle, 05000496, 05000497, 05000502, 05000471, 05000484, Washington Public Power Supply System, Satsop, Perkins, Cherokee, Green County
Issue date:	07/10/1981
From:	Weiss E HARMON & WEISS
To:	Bickwit L, Chilk S NRC OFFICE OF THE GENERAL COUNSEL (OGC), NRC OFFICE OF THE SECRETARY (SECY)
References
CLI-80-21, TAC-42493, NUDOCS 8107150286
Download: ML20009B330 (3)

Text

- _ _ _ _

l pg Lh:iET NUMBER PETITION liULE_PRM f)(jpc,,ho%

~#

oc5 Pd '

yy4-Ig 4 HARMON & WEISS 8725iSTREET,N.W.

SulTE SO6 G AI L M.MARMON h*ASHINGTON D.C.aooos

,, o,' ',,' ",,"o, o E LLY N R. W EIS S WI LLI A M S.. LOR D A N,18 8 OF COUNSEL LE E L. BISMOP L tM qa g

July 10, 1981 9,

Esq. y

- 69%kr@J h

M-Mr. Lenard Bickwit, p

d; e, General Counsel

( J

,,s.

U.S. Nuclear Regulatory Commission A

(fj,

, [

1717 H Street, N.W.

d l,7<-

Room 1035

/f

~~

Washington, D.C.

20555

)

s 1

$, gij g,

a Mr. Samuel J. Chilk Secretary to the Commissioners "9

U.S. Nuclear Regulatory Commission the g d

1717 H Street, N.W.

W%

lith Floor gk Washington, D.C.

20555 Gentlemen:

On June 22, 1981, Mr. Nicholas Reynolds on behalf of eighteen licensees filed a " Petition for Extension of Deadline for Compliance with CL1-80-21."

As you are no doubt aware, the title of the proceeding which culminated in CL1-80-21 was " Petition for Emergency and Remedial Action", filed by the Union of Concerned Scientists in 1977.

However, this recent petition seeking to modify the final order in that proceeding does not carry the title of that proceeding and has presumably not been properly docketed in the NRC's file for " Petition for Emergency and Remedial Action."

Nor, remarkably, was the Union of Concerned Scientists served with a copy of the pleading.

I do not believe it can be seriously disputed that a petition which seeks to modify a final order must carry the title of the proceeding which resulted in that final order and must be served on the parties to that proceeding.

I therefore request that you notify Mr. Reynolds that the petition filed June 22, 1981, has been retitled to carry the caption " Petition for Emergency and Remedial 00 5

/

8107150286 810710 PDR ADOCK 05000010 G

PDR l

l

I I;IARMON & WEISS G

Mr. Lenard Bickwit Mr. Samuel J. Chilk Page Two Action" and that service should be made of all subsequent papers on the parties to that proceedings, including the Union of Concerned Scientists.

Thank you very much.

Very truly yours, Ellyn R. Weiss ERW:smq cc:

Service List G

es e

e

=

4 0

l H ARMON & WEISS 1725i STRCCT,N.W.

suite 506 TE E E

G AeL w. M ARMON WASHINGTON,D.C.20006

,,g,',,'

,"g,,

C LLv h R W CISS wetteAu 5.sO A D A N tII Os coum%Et Lt t L. BISMOp L THOMAS GALLCWar July 9, 1981 t,

• . \\

DOOKIFED

'\\

k USNRO ggg, ~Q}

Mr. Nicholas S.

Reynolds, Esq.

g(- -gE Debevoise & Liberman 1200 Seventeeth Street, N.W.

\\

Office t' ee Secretary Washington, D.C.

20036

\\p Dock..g & Service g

Dear Mr. Reynolds:

4 f

I have just learned that on June 22, 1981, you filed on behalf of 18 utilities a " Petition for Extension of Deadline for Compliance with CL1-80-21."

The title of the proceeding that culminated in CL1-80-21 was " Petition for Emergency and Remedial Action", initiated by the Union of Concerned Scientists.

The Union of Concerned Scientists, which I represent, therefore has a clear interest in your efforts to modify that decision and,should receive service from you of all pleadings toward that end.

I also believe that your papers are mistitled and should be filed in the NRC's docket for the " Petition for Emergency and Remedial Action" for the obvious reason t. hat they seek to modify the final decision in that action.

This is more than a formality since any person now consulting the docket for the Petition for Emergency and Remedial Action would be misled into concluding that CL1-80-21 ha's not b'en cha~11enged.

Normal practice would unquestionably e

dictate that your petition appear in that docket and I there-fore request that you refile it with the appropriate title.

Very truly yours,

.)--

Ellyn R.

Weiss ERW:smq l

cc:

Service List e

.1