ML20010D124

Answer Opposing Intervenor Sunflower Alliance Request for Extension of Time to File Brief on Atws,Per ASLB 810728 Special Prehearing Conference & Order.Certificate of Svc Encl

ML20010D124
Person / Time
Site:	Perry
Issue date:	08/18/1981
From:	Churchill B CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108240034
Download: ML20010D124 (4)

Text

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UNITED STATES OF AMERICA g. k$I NUCLEAR REGULATORY COMMISSION g gg1981> hj nsil":

Before the Atomic Safety and Licensing Board 9 C - ct E"

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In the Matter of ) 4,j jh

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CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, Et Al. ) 50-441 -

) (Operating Lice 9 (O'-(i?

(Perry Nuclear Power Plant, ) s Units 1 and 2) ) S- y

'7 \9D 2; 7 .0 r APPLICANTS' ANSWER TO QS " ',1 $[

INTERVENORS' APPLICATION FOR z ges a ENLARGEMENT OF TIME TO FILE BRIEF k O ig

• j Intervenors Sunflower Alliance, Inc., et al. have requested an extension of time within which to file a brief on the issue of anticipated transients without scram ("ATWS") in response to the Board's Special Prehearing Conference Memorandum and Order of July 28, 1981. Applicants oppose such an extension.

The brief was due on August 12. Not until then did Intervenors file their request for an extension of time. It was filed by mail, postmarked on the afternoon of August 13, and not received by Applicants until August 17.

Applicants--and, to the best of our knowledge, the Board, the NRC Staff, and the other parties as well--were not notified ahead of time by so much as a courtesy telephone call. Intervenors thus would have the benefit of replying to Applic2..ts' brief, 33 5C)3 5

long since filed, rather then filing a contemporaneous brief. /

Applicants are less concerned with the inequities surround-ing this particular ATWS issue than they are with the implications 8108240034 810818 PDR ADOCK 05000440 0

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for the future. We are sympathetic, and we would hope to be l accommodating, to such unforeseen circumstances as illness of 1

counsel. We are concerned, however, that Intervenors seem not to t~':e seriously the Boald's orders in this proceeding, including the earlier Memorandum and Order of April 9, 1981, in preparation for the special prehearing ccnference, all to the resultant dis-advantage of those parties who have responded in accordance with the Board's direction.

Respectfully submitted, SHAW, PITTMAN, POTTS & TE " RIDGE r

v By ( j f Ch.ute W. Ch'trrthill f Jay E. Silberg Counsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: August 18, 1981

4 o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, Et A1. ) 50-441

) (Operating License)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of " Applicants' Answer to Intervenors' Application for Enlargement of Time to File Brief,"

dated August 18, 1981, were served upon those persons on the attached service list by deposit in the United States mail, postage prepaid, this 18th day of August, 1981.

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Nw' 4( h Bruce W. Churchill

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Dr.ce t: ..ugust 18, 1981

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, et al. ) 50-441

) (Operating License)

(Perry Nuclear Power Plant, )

Units.1 and 2) )

SERVICE LIST Peter B. Bloch, Chairman Mr. Robert Alexander Atomic Safety and Licensing Board OCRE Interim Representative U. S. Nuclear Regulatory Commission 2030 Portsmouth Street #2 Washington, D. C. 20555 Houston, Texas 77098 Dr. Jerry R. Kline Daniel D. Wilt, Esquire Atomic Safety and Licensing Board Wegman, Hessler & Vanderburg U. S. Nuclear Regulatory Commission Suite 102 Washington D. C. 20555 7301 Chippewa Road Brecksville, Ohio 44141 Mr. Frederick J. Shon Atomic Safety and Licensing Board Terry Lodge, Esquire U. S. Nuclear Regulatory Commission 915 Spitzer Building Washington, D. C. 20555 Toledo, Ohio 43604 Atomic Safety and Licensing Board Mr. Tod J. Kenney Panel 228 South College, Apt. A U. S. Nuclear Regulatory Commission Bowling Green, Ohio 43402 Washington, D. C. 20555 Donald T. Ezzone, Esquire Atomic Safety and Licensing Appeal Assistant Prosecuting Attorney Board Panel Lake County Administration Center U. S. Nuclear Regulatory Commission 105 Center Street Washington, D. C. 20555 Painesville, Ohio 44077 Docketing and Service Section Janice E. Moore, Esquire Office of the Secretary Office of the Executive Legal U. S. Nuclear Regulatory Commission Director , ,

Washington, D. C. 20555 U. S. Nuclear Regulatory Commissio:

Washington, D. C. 20555 Charles A. Barth Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555

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