ML20010B278

Requests for Clarification Re Whether or Not Answer to Motions Will Be Allowed in Future Per 10CFR2.730(c) & 2.710.Certificate of Svc Encl

ML20010B278
Person / Time
Site:	Comanche Peak
Issue date:	08/10/1981
From:	Ellis J Citizens Association for Sound Energy
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108140315
Download: ML20010B278 (4)

Text

_

. /.

n. .'- \

q 8/10/81

b. . n 012198l > h UNITED STATES OF AMERICA

-f En.th a7 3 NUCLEAR REGUIATORY COMMISSION M 7 EEFORE TEE ATCMIC SAFETY AED m- AIM BQUID 0 m In the Matter of

[\ y

• gl if tot Nos. 50-445 AEPLICATION OF HKAJ UFIC HE8 il c,, D. and 50-446 OEuRRATING COMPAWY, 2T AL. FOR AM l 1 'l IS O I b 7 OPERATING U CENSE FOR CG4ABCEE *l 'D$pu 4 -

PEAK STEAN ELECTRIC STATION l '-

UNITS fl AND #2 (CPSES) ['$/ 8 N o,

_RE40ESTFORCLABIFICATI5NRED NG 10 CFR 2 d30(c)

Pursuant to the. Board Chairman's recent directive to put in writing CASE's request for clarification regarding procedural matters in response to CASE's tel' phone call, CASE (Citizens Association for Sound Energy), Intervenor herein, hereby files this, its Request for Clarification Regarding 10 C7R 2 730(c).

On June 24, 1981, unknown to this Intervenor, Applicants' filed their (1)

~

Answer to ACORN's Motion for Voluntary Dismissal, and (2) Motion to Cancel Pre-Hearing Conference. On June 26, 1981, CASE received the Board Chairman's telegram cancelling the prehearing conference which had been scheduled for July 8-9, 1981.

I It was not clear from the wording of the telegram 'whether or :;ot the telegram i was in response to the Applicants' Motion. On6/29/81,CASEreceivedApplicants' 6/24/81 motion to cancel the prehearing conference. Since the Board Chairman had alrsedy cancelled the prehearing conference by the time we received Applicants' i 1

motion, we were unable to answer such motion pursuan't to 10 CFR 2 730(c) prior I to the cancellation of the prehearing conference by the Board. (CASE's later 1

Motion for Reconsideration Regarding Prehearing Conference, filed the morning j of7/28/81,wasstrickenbytheBoard's8/3/81 order.)

, [

8108140315 810810

• PoR AooCa 03000445 g PDR 9, '4

. 1 l

1 l

On 7/13/81, the NRC Staff filed its Motion'to Modify Its March 4,1981 l

Motion to Ccampel Against CASE, which CASE received 7/16/81. While preparing l 1

our response, CASE was concerned there might be some delay due to a possible l

postal strike which was being discussed at that time, and we telephoned the '

Board Chairar.:2's office and advised his secretary that ve did intend to file an answer to the Staff's Motion, in case there was such delay. CASE was not advised that such an answer would not be allowed. ,

On 7/28/81, pursdant to 10 CFR 2 73o(c) and 2 710, CASE filed its Answer To, and Motion Regarding, NRC Staff's Motion to Modify Its March 4,1081 Motion to Compel Against CASE. Under 10 CFR 2 730(c) and 2 710, CASE would have had fifteen days (10 days plus 5 days for mail) frcan the date Staff filed its motion in which to file an answer to such motion. Thus, under these NRC regulations, CASE had to file its answer to Staff's motion not later than 7/28/81, the actual date on which such answer was filed, absent specific instructions from the Board that such answer would not be c.11oved or extending the time period for such answer .

Since CASE's representative had to work 7/28/81, we filed our 7/28/81 answer that morning before work (along with two other motions). In the 7/28/81 afternoon mail, we received the Board's Orders of 7/23/81 regarding Striking CFUR Contentions i

and discovery directives to parties, 7/23/81 Scheduling, Order, and 7/24/81 granting ACORN's Motion to Voluntary Dismissal and designation of lead parties. We note that under Discovery Directives to CFUR and Other Parties, item 8', page 11, it i

is tlated:

"A party who files a motion shall not have a right to reply to an answer in opposition tiiereto, unless prior leave is obtained from the presiding officer..."

However, this does not appear to deal with answers to motions, and we do not find any Board rulings in the several orders we have received which state that a party shall not have a right to reply to a motion pursuant to 10 CFR 2.73o(c) and 2 710. .

On 8/3/81, CASE received the Board's 7/29/81 order granting the Staff's, 7/13/81 Motion to Modify Its March a,1981 Motion to Compel Against C1.SE.

On 8/6/81, CASE received the Board's Order striking CASE's 7/28/81 Answer '"o, and Motion Regarding, NRC Staff's Motion to Modify Its March 4,1981 Motion to Ccunpel Against CASE (and striking CASE's other two 7/28/81 motions).

CASE has trie'd very hard to obey the NRC regulations in these proceedings' '

and had hoped to have the Board give consideration to our pleadings before ruling on the various points raised in our motions. At the time we filed our 7/28/81 motions, we had had no prior indicati,on that answers to motions would not be allowed and in fact to date have no such ruling from t'he Board in any ,l of the orders we have received.

We therefore request that the Board clarify whether or not answers to motions vill be allowed in the future pursuant to 10 CFR 2 730(e) and 2 710. l Respectfully submitted, .

I O

fPfrs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1 1426 S. Polk, Dallas, 'E 7522f {

21k/946-9446;214/941-1211, usunly Tues. & 'I d

3- ##i' "lY '

e-- e e e- - - - : ,- ., . , , . - , - -m --.e ,-n, ,e e<- - - ,

'~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 1 APPLICATION OF TEXAS UTILITIES 1 Docket Nos. 50-445 GENERATING COMPANY,' ET AL FOR AN 1 and 50-446 OPERATING LICENSE FOR COMANCHE 1 PEAK STEAM ELECTRIC STATION UNITS #1 AND #2 (CPSES)

CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of REQUEST FOR CLARIFICATION REGARDING 1Q CFR 2 730(c) have been sent to the names listed below by First Class Mail this 10th day of Ammst , 1981. * = with Certificate of Mailing receipt Administrative Judge Marshall E. Miller David J. Preister, Esq.

U. S. Nuclear Regulatory Commission Assistant Attorney General Atomic Safety and Licensing Board Panel Environmental Protection Division Washington, D.'C. 20555 P. O. Box 12548, Capitol Station Austin, TX 78711 Dr. Forrest J. Remick, Member Atomic Safety and Licensing Board Mr. Richard Fouke 305 E. Hamilton Avenue 1663-B Carter Drive State College, PA ' 16801 Arlington, TX 76010 Dr. Richard Cole, Member ~ Atomic Safety and Licensing Atomic Safety and Licensing Board Board' Panel U..S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C.

~

20555 Nicholas S~. Reynolds, Esq. Atomic Safety and Licensing Debevoise & Liberman Appeal Panel 1200 - 17 th St. , N. W. U. S. Nuclear Regulatory Commission-Washington, D. C. 20036 Washington, D. C. 20555 i

Marjorie Ulman Rothschild, Esq. Docketing and Service Section

Office of Executive Legal Director Office of the Secretary l U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission

. Washington, D. C. 20555 washington, D. C. 20555 Mr. ight H.- e, Esq. Arch C. McColi, III, Esq.

West . gal Services 701' Commerce street, suite 302 100 Ma Str - Lawyers Bldg. Dallas, TX 75202 Fort orth, TX 102

. e ott en .

Dallas, TX 75219 . G{Mrs.)- Juanita Ellis , President CASE (Citizens Association for Sound Energy)

. _ . . . _ . ~ , _ . - - . . . . _ . . _ _ . - . , _ _. _ L_ _ . _ _ . , , . , . , . , . . _ . _ . . _ _ _ . _ . . . . . _ , _.