ML20010E513

Motion for Opportunity to Respond to Utils 810622 Petition for 13-month Extension of 820630 Deadline Imposed by CLI-80-21 & NRC 810731 Response.Requests Svc of Past & Future Filings.Certificate of Svc Encl

ML20010E513
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:	08/31/1981
From:	Weiss E HARMON & WEISS, UNION OF CONCERNED SCIENTISTS
To:	NRC COMMISSION (OCM)
References
CLI-80-21, TAC-42493, NUDOCS 8109040211
Download: ML20010E513 (5)

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'T UNITED STATES OF.\\MERICA O

NUCLEAR REGULATORY COMMISSION d)

In the Matter of

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g PETITION FOR EMERGENCY

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and REMEDI AL ACTION

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t SEP !21981 > Q In the Matter of

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CLI 21

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(pg;};;

g gg WMMISSION MEMORANDUM

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g and ORDER

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6'Nf,(fU N

UNION OF CONCER ED SCIENTISTS '

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MOTION FOR OPPO' TUNITY TO d

C RESPOND AND FOR FURTHER RELIEF E' SEP 0 31981H4 u.s. xxun emutos:

Thc Union of Concerned Scientists has just learneo

&t on July 31, 1981, the NRC Staf f filed a document with the 4,

Commission entitled "NRC Staf f Response to Petition for Ex te n-sion of Deadline for Compliance with CLI-80-21. "

This document responds to a June 22, 1981 petition by 18 utilities seeking a thirteen ( 13 ) mont h extension of the June 30, 1982 deadline established by the Commission in CLI-80-21 for completion of the review of the environmental qualification of safety-related electrical equipment in operating plants.

As the Commission is well aware, CLI-80-21 in the number of th e final Commission decision in the proceeding entitled " Petition for Emergency and Remedial Action " initiated by the Union of Concerned Scientists in November, 1977.

The utilities' pctition and the NRC Staff response seek a major modification to that decision.

Incredibly, neither the utilities ' petition nor the Staff response either mention or are titled or docketed in the docket for the UCS Petition for Emergency and Remedial Action and 8109040211 810831

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UCS has been served with none of these capers.

On July 10, 1981, I sent letters to ccunsel for the utili-ties, the Secretary of the Commission and the General Counsel for the Commission, asking that the utilities' petition be appropriately docketed and that all papers be served on UCS.

Copies are attached.

There can be no serious question but that this is the proper course of action.

I have to date received no response from any of those persons and learned just yesterday that more documents have been filed in this matter without even the common courtesy of service on UCS, the party which initiated the proceeding culminating in CLI-80-21.

UCS therefore requests the following relief from the Commission:

1.

That the Commission direct the June 22, 1981

" Petition for Extension of Deadline for Compliance with CLI-80-21" and all subsequent related filines to be docketed in the official docket for " Petition for Emergency and Remedial Action" and direct that j

all of these filings be served immediately on the l

Union of Concerned Scientists.

2.

That UCS be given until September 18, 1981, to respond to the June 22 Utilities' Petition and the Staf f 's July 31 response there to.

Respectfully submitted.

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j Ellyn#R. Weiss HARNON & WEISS l

1725 Eye Street, N.W.,

Suite 506 Washington, D.C.

20006 (202) 833-9070 Counsel for Union of Concerned Scientists DATED:

August 31, 1981 l

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II Androx & Weiss 1725i STRECT,N W SUIT E S O e9 WA N ill NOTON, b. C. 20008n G A 8 L

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• • * " *d O N (202) 833-9070 Ettv N R wE6SS w t L L 8 A h* b JO A D A N. 8 H os t ouMI L Lgt L e t S ** O F L THOMA5 G ALLfMAY July 9, 1981 Mr. Nicholas S.

Reynolds, Esq.

Debevoise & Liberm.n 1200 Seventeeth Street, N.W.

Washingtcn, D.C.

20036

Dear Mr. Reynolds:

I hete j'est learned that on June 22, 1981, you filed on behalf of

'a.tilities a " Petition for Extension of Deadline for Complian.cc d

.1 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 frca you of all pleadings toward that end.

I also believe that your papers are mistitled and should be filsd in the NRC's docket for the " Petition for Emergency and Remedial Action" for the obvious reason that 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 l

Remedial Action would be misled into concluding that CL1-80-21 l

has not been challenged.

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

Very truly yours, "I

s-Ellyn R. Weiss l

ERW:smq cc:

Service List

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A g-II AnMox & Wiciss 9725 I STREET N w Sut?[ BOM WA M H I NGTON, b. (.E MOOO's GatL M HAR"ON fror soro E LLv h R *EISS watteau 5 JoppaN, ese ce (o inse t t(C t (41 S H O R t fHowa% 4a4 LO*a' July 10, 1981 Mr. Lenard Bickwit, Esq.

General Counsel U.S.

Nuclear Regulatory tommission 1717 !! Street,

N.W.

Room 1035 Washington, D.C.

20555 Mr. Samuel J.

Chilk Secretary to the Commissioners U.S.

Nuclear Regulatory Commission 1717 11 Street, N.W.

lith Flo.or 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 whici. culminated in CL1-80-21 was " Petition for Emergency and Remedial Action", filed by the Union of Concerned Scientists in 1977.

liowever, this recent petition seeking to modity the final order in that proceeding does not carry the title of that proceeding and has presumably not been properly docketed in the NHC'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 c.irry the title of the proceeding which rasulted 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 becn retitled to carry the caption " Petition for Emergency and Remedial lDuP O TI 614715o2 8 6

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li.s it.st o N & Wl:tss 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 proceedinqs, including the Union of Concerned Scientists.

Thank you very much.

Very trulf yours,

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J'Ibc Ellyn R. Weiss ERW:smq cc.

Service List

e UNITED STATES OF AMERICA NUCLEAR REGUL,\\ TORY, COMMISSION In the Matter of

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PETIT ION r0R EMERGEN CY

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and RFPEDIAL ACTION

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In the Matter of

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CLI-90-21

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COMMISSION MEMORANDUM

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and ORDER

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CERTIFICATE OF SERVICE I hereby certify that a copy of " Union of Concerned Scientists '

Motion for Opportunity to Respond and for Further Relief" Was mailed first-class postage pre-paid to the f ollowing :

1 Nunzio J.

Palladi no, Chairman William L.

Porter, Esq.

U.S.

Nuclear Regulatory Commission Associate Generhl' Counsel i

ifa shi ng t on,

D.C.

20555 Duke Power Company Legal Department John F. Ahearne, Commissioner U.S.

Nuclear Regulatory Commission W.P. Johnson Washington, D.C.

20555 Vice President Maine Yankee Atomic Power C i

Peter A. Bradford, Commissioner 1671 Worcester Road i

U.S.

Nuclear Regulatory Commission Framingham, Mass. 01701 l

Washington, D.C.

20555 W.G. Counsil Victor Gilinsky, Commissioner Senior Vice President U.S. Nuclear Regulatory Commission Northeast Utilities l

Washington, D.C.

20555 Post Office Box 270 Hartford, Conn. 06101 Chase Ste phe ns Docketing & Service Section Thomas G.

Dignan, Jr.

h k bhik"9 oY)* [.Y. MJN 225 Franklin Street Samuel J.

Chilk, Secretary Bos ton, Mass. 02110 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Nicholas S.

Reynolds, Esq.

Inbevoise & Liberman Richard E. Jones, Esq.

1200 Seventeenth St.,

t.. W.

Associate Gener al Counsel Washington, D.C.

20036 Carolina Power & Lig ht Company Legal Department Post Office Box 155'.

Raleigh, North Carolina 27602 l.,... -. -... - - -,

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-2 Philip R.

Steptoe, Esq.

J.ws N. Christman, E::q.

Isham, Lincoln and Beale llanton & Williams Post Office !$ox 1515 One First National Plaza Chicago, Illinois 60603 707 East Main St reet Richmond, Virginia 23212 Jay E.

Silberg, Esq.

Shaw, P1ttman, Potts & Trowbricle Leonard 13 i ck w i t., E seg.

1800 M Str eet,

N.W.

Gener al Counsel Washington, D.C.

20036

11. S. Nuclear Regulatory Commissi Washington, D.C.

20555 James Lieberman Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.

20555

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