ML20010E432
| ML20010E432 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 09/01/1981 |
| From: | Kucik G, Rucik G, Sward E AFFILIATION NOT ASSIGNED, ARENT, FOX, KINTNER, PLOTKIN & KAHN, PARSONS & WHITTEMORE, RESOURCES RECOVERY (DADE COUNTY), INC. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-A, NUDOCS 8109040127 | |
| Download: ML20010E432 (8) | |
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NUCLEAR REGULATORY COMMISSION 2-
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD E
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In the Matter of
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FLORIDA POWER & LIGHT COMPANY )
Docket No. 50-389A
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(St. Lucie Plant, Unit No. 2
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Dated: September 1, 1981 MOTION FOR AN EXTENSION OF TIME Parsons and Whittemore, Inc. ("P&W") and Resources Recovery (Dade County), Inc. ("RRD"), by and through their undersigned counsel, submit this Motion for an additional extension of time in which to file an appeal from the August 5, 1981 Order of the Atomic Safety and Licensing Board denying their Petition to Intervene.
Petitioners originally requested and were granted an extension of time to the following extent:
In the event that, on or before September 4, 1981, the movants file objections to the August 5 Order vith the Licensing Board (see 10 CFR 2.751a(d)),
the time for the filing of their appeal from that Order (as prescribed in 10 CFR 2.714a) shall not be deamed to commence to run until service of the action taken by the Licensing Board upon those objections.
In the event that the movants elect not to file objections to the August 5 order, their appeal from that order will ph be due on or before September 8, 1981.
N The ground for this extension was that the August vacation schedules of the undersigned counsel made it impossible for them to file any objections within the five-day time period Dk jK05000389 27 8109o3 M
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allowed.
Since that Motion was filed, the undersigned counsel have eached suffered injuries that have required or may require surgery as well as follow-up medical treatment.
This further extension of time is required due to the partial incapacitation of the undersigned counsel.
Petitioners request that they be given until ten days after service of the action taken by the Licensing Board on the objections, or if no objections are filed, until September 28, 1981.
This Motion parallels a Consent Motion for Extension of Time filed with the Atomic Safety and Licensing Board on August 25, 1981.
That Motion, which had the consent of counsel for the other parties, was granted on August 26, 1981.
A copy of Petitioners' Motion before the Atomic Safety and Licensing Board and a copy of the Order of August 26, 1981 are attached.
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CONCLUSION Petitioners' Motion for an Extension of Time should be granted and Petitioners should be given until September 28, 1981 to file their appeal from the Order denying their Petition to Intervene, or until ten days after service of the action of the Licensing Board if objections are filed.
' Respectfully submitted, 434 GEORGE R.
KUCIK
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ELLEN E.
SWARD l
Arent, Fox, Kintner, Plotkin & Kahn 1815 H Street, N.W.
Washington, D.C. 20006 Tel: (202) 857-6000 Counsel for Petitioners September 1, 1981 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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FLORIDA POWER & LIGHT COMPANY )
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(St. Lucie Plant, Unit No. 2
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I hereby certify that copies of the foregoing Motion for Extension of Time were served upon the following persons via first-class mail, postage-prepaid, or by hand, this 1st day of September, 1981, i
Ivan W.
Smith, Esquire Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert M.
Lazo, Esquire Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Michael A. Duggan, Esquire College of Business Administration University of Texas Austin, Texas 78712 Elizhbeth S. Bowers, Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 William D.
Paton, Esquire U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Peter G. Crane, Esquire Office of the General Counsel U.S.11uclear Regulatory Commission Washington, D.C. 20555 Peter B.
Bloch, Esquire, Chairman U.S. Nuclear Regulatory Commission 4350 East West Highway Besthesda, Maryland
. Argil L. Toalston, Acting Chief Utility Finance Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Peter A. Morris Atomic Safety and Lic2nsing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Michael C. Farrar, Esquire, Chairman Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Docketing and Sert' ice Section Office of the Secretary 1717 H Street, N.W.,
11th Floor U.S. Nuclear Regulatory Commission Washington, D. C.
20555
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Jerome Saltzman, Chief Antitrust & Indemnity Group U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Atomic Snfety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Richard S. Saltzman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Harold Denton, Director Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission
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Washington, D. C.
20555
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Joseph Rutberg, Esquire Lee Scott Dewey, Esquire Fredric D. Chanania, Esquire U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Ann P.
Hodgdon, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Thomas Gurney, Sr., Esquire 203 North Magnolia Avenue Orlando, Florida 32802 Mr. Robert E.
Bathen Mr. Fred Saffer R. W.
Beck & Associates P. O. Box 6817 Orlando, Florida 32803 George Spiegel, Esquire Robert Jablon, Esquire Alan J.
Roth, Esquire Daniel Guttman, Esquire Spiegel & McDiarmid 2600 Virginia Avenue, N.
W.
Washington, D. C.
20037 William C. Wise, Esquire 1200 18th Street, N. W.,
Suite 500 Washington, D. C.
20036 William H. Chandler, Esquire Chandler, O'Neal, Avera, Gray
& Stripling Post Office Drawer 0 Gainesville, Florida 32602 Janet Urban, Esquire U.S. Department of Justice P.O. Box 14141 Washington, D. C.
20044 Donald A. Kaplan, Esquire Robert Fabrikant, Esquire Antitrust Division U.S.
Department of Justice Washington, D. C.
20530
. Charles R. P.
Brown, Esquire Brown, Paxton and Williams 301 South 6th Street P. O. Box 1418 Fort Pierce, Florida 33450 J.A. Bouknight, Jr., Esquire Douglas G. Green, Esquire Lowenstein, Newman, Reis
& Axelrad 1025 Connecticut Avenue, N. W.
Washington, D. C.
20036 Herbert Dym, Esquire Covington & Burling 888 16th Street, N. W.
Washington, D.
C.
20006 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Alan S. Rosenthal, Esquire Atomic Safety and Licensing Appeal Board Panel 4350 East West Highway, 5th Floor Bethesda, Maryland Dr. John Buck Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Christine Kohl, Esquire Atomic Safety and Licensing
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Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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L. Christian Hauck, Esquire Vice President - Law Florida Power & Light Company 9250 West.Flagler Street Miami, Florida 33152 One of Counsel for Petitioner's l
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4 P&W - 8/25/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSICN BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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FLORIDA POWER ~& LIGHT COMPANY )
Docket No. 50-389A-
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(St. Lucie Plant, Unit No. 2
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Dated: August-25, 1981 CONSENT MOTION FOR.
EXTENSION OF TIME
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Parsons and Whittemore, Inc. ("P&W") and Resources Recovery (Dade County), Inc. ("RRD"), by and through their undersigned counsel, submit this Consent Motion for an additional.
extension of time in which to object to this Board's Order of August 5, 1981 denying,their Petition to Intervene.
Petitioners originally requested and were granted an extension of time to September 4, 1981 on the ground that the August vacation schedules l
of the undersigned counsel made it impossible for them to file any objections within the five-day time period allowed.
Since that l
l Motion was filed, the undersigned counsel have each suffered l
l injuries that have required or may require surgery as well as I
follow-up medical treatment.
This further extension of time, to September 25, i981, is required due to the partial incap'acitation of the undersigned counsel.
Counsel for the following parties l
have been advised of this Motion for a additional three-week I
22 0231oT54
s extension and have authorized counsel for Petitioners to state that they have given their consent to this Motion.
1.
J.A. Bouknight, Jr., Esquire Lowenstein, Newman, Reis & Axelrad (Counsel for Florida ?ower. & Light Company) 2.
Robert R. Nordhaus, Esquire Van Ness, Feldman, Sutcliffe, Curtis
& Levenberg (Counsel for Metropolitan Dade County, Florida) 3.
Robert A. Jablon, Esquire Spiegel & McDiarmid (Counsel for Florida Cities) 4.
An n P. Hodgdon, Esquire Office of the Executive Legal Director
,(Counsel for the NRC Staff)
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Because counsel for the parties involved have consented to this Motion, there will be no prejudice arising from this addicional three-week extension period.
The undersigned counsel further note that they have agreed to consent to any Motion that Florida Power
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& Light may make for leave to respond to Petitioners' objections.
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o CONCLUSION Petitioners' Consent Motion for an Extension of Time should be granted and Petitioners should be given an additional-three weeks, or until September 25, 1981, with the parties then to have a corresponding time to file a response, it any.
Respectfully submitted, WD f)W GEORGE #R. KUCIK
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ELLEN E. SWARD Arent, Fox, Kintner, Plotkin
& Kahn 1815 H Street, N.W.,
Suite 900 Washington, D.C. 20006 Tel: (202) 857-6000 Counsel for Petitioners.
August 25, 1981 t
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 49 2 ',' 193l 3 q C,'i!3 6 f: in c.by '/
ATOMIC SAFETY AND LICENSING BOARD
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Before Administrative Judges:
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Peter B. Bloch, Chairman Michael A. Duggan SEEVED p,[i,;.:,: N i Robert M. Lazo
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Ivan W. Smith, Alternate in the Matter of
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Docket No. 50-389A FLORIDA POWER & LIGHT COMPANY
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August 26, 1981
_(St. Lucie Plant, Unit No. 2)
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ORDER Parsons and Whittemore, Inc. and Resources Recovery (Dade County), Inc.
("RRD") have, on August 25, 1981, filed an unopposed motion for an extension of time to and including September 25, 1981 for the filing of objections to this Board's Order of August 5, 1981 denying their petition to intervene.
i For good cause shown, it this 26th day of August 1981 ORDERED 1
l That the RRD motion is granted.
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FOR THE ATOMIC SAFETY AND l
LICENSING BOARD O
Robert M. Lazo ADMINISTRATIVE JUDGE l
pufe of TaoM.opg
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