ML20027A218

Applicant Motion for Extension of Time to Respond to Drake & Cee Petitions Until 2 Wks After Date Applicant Received Last Transcript of Depositions

ML20027A218
Person / Time
Site:	Fermi
Issue date:	10/20/1978
From:	Eric Thomas LEBOEUF, LAMB, LEIBY & MACRAE
To:
Shared Package
ML20027A214	List: ML20027A209 ML20027A215 ML20027A216 ML20027A218
References
NUDOCS 7810270406
Download: ML20027A218 (8)

Text

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l ;* l UNITED STATES OF AMERICA NUCLEAR REOULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) -

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THE DETROIT EDISON COMPANY ) Docket No . 50-341 (Enrico Fermi Atomic Power ) (Operating License)

Plant, Unit No. 2) )

APPLICANTS' MOTION FOR AN EXTENSION OF TIME

1. On October 22, 1974, The Detroit Edison Company filed an application for a facility operating license for the Enrico Fermi Atomic Power Plant, Unit No.

2. On March 17, 1978, that application was amended to add as co-applicants Northern Michigan Electric Cooperative, Inc. and Wolverine Electric Ccoperative, Inc. (referred to together with The Detroit Edison Company as " Applicants").

2. Notice of opportunity for hearing on the joint application was published by the Nuclear Regulatory Commission (" Commission") in the Federal Register on September 11, 1978. 43 Fed. Reg. 40,327 (1978). That ,

notice provided that any request for hearing or petition for leave to intervene must be filed by October 10, 1978.

3 As counsel for Applicants, we received on October 10, 1978, a copy of a joint petition to inter-vene in this proceeding filed by Mrs. Martha Drake in her

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own behalf and in behalf of Mr. Dan Drake. The petition was served by hand on October 10, 1978 and was therefore timely.

4. On October 12, 1978 we received, by first class mail, a copy of a petition to intervene filed by Citizens for Employment and Energy ("CEE"). CEE's petition was filed on October 9, 1978.

5. Neither the joint Drake petition nor CEE's petition sets forth with sufficient particularity the interests that form the basis for intervention. In the accompanying Motion to Commence Discovery, Applicants seek limited discovery to verify the underpinnings of the two petitions. Applicants submit that, although petitioners ultimately have the burden of establishing the basis for their intervention, the critical threshold facts with respect to the standing of the respective petitioners can most expeditiously be established by discovery. To that end, and as more fully developed in the Motion to Commence Discovery, Applicants seek to depose Mr. Dan Drake as to his personal interest in the proceeding and to depose CEE by its representative as to the intervention prerequisites only hinted at in their petition.

6. Given the pendency of Applicants' discovery Motion, Applicants respectfully request that the time within which to answer jointly the Drake petition and the CEE

petition be extended until two weeks after the date on which Applicants receive the last transcript of the depo-sitions.

7 Should Applicants' Motion to Commence Discovery be denied, Applicants respectfully request that they be given two weeks from the date of the order denying that motion within which to answer the petitions. If in the alternative the Board takes action under 10 C.F.R. $ 2.758 with respect to Applicants' Request for Waiver, Applicants respectfully request that the Board set a deadline consistent with that action that provides Applicants a reasonable time within which to answer the petitions for intervention.

8. Applicants suggest that any extensions granted apply also to the Commission Staff.

Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By . m i:,ugene e. Iriomas , Vr).

N 1757 N Street, N.W.

Washington, D.C. 20036 Attorney for The Detroit Edison Company

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UNITED STATES OF AMERICA r NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

THE DETROIT EDISON COMPANY ) Docket No. 50-341 (Enrico Fermi Atomic Power ) (Operating License)

Plant, Unit No. 2) )

NOTICE OF APPEARANCE In accordance with 5 2.713(a) of the Rules i

of Practice of the Nuclear Regulatory Commission, the following attorney herewith enters an appearance in the above-captioned matter:

Name: Eugene B. Thomas, Jr.

Address: LeBoeuf, Lamb, Leiby & MacRae 1757 N Street, N.W.

• Washington, D.C. 20036 Telephone: (202) 457-7500 l Admission: Member of the Bar of the i

i United States Court of Appeals for the District of Columbia Circuit ,

Name of Parties: The Detroit Edison Company Northern Michigan Electric '

Cooperative, Inc.

Wolverine Electric Cooperative, Inc.

Eug'enh H. Thomas, Jr .

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

THE DETROIT EDISON COMPANY ) Docket No. 50-341 (Enrico Fermi Atomic Power ) (Operating License)

Plant, Unit No. 2) )

NOTICE OF APPEARANCE In accordance with 5 2.713(a) of the Rules

(

of Practice of the Nuclear Regulatory Commission, the following attorney herewith enters an appearance in the above-captioned matter:

Name: Harry H. Voigt Address: LeBoeuf, Lamb, Leiby & MacRae 1757 N Street, N.W.

. Washington, D.C. 20036 Telephone: (202) 457-7500 Admission: Member of the Bar of the United States Court of Appeals for the District of Columbia Circuit Name of Parties: The Detroit Edison Company Northern Michigan Electric '

Cooperative, Inc.

Wolverine Electric Cooperative, Inc.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

THE DETROIT EDISON COMPANY ) Docket No . 50-341 (Enrico Fermi Atomic Power ) (Operating License)

Plant, Unit No. 2) )

NOTICE OF APPEAHANCE In accordance with 6 2.713(a) of the Rules of Practice of the Nuclear Regulatory Commission, the following attorney herewith enters an appearance in the above-captioned matter:

Name: Patrick K. O' Hare Address: LeBoeuf, Lamb, Leiby & MacRae 1757 N Street, N.W.

Washington, D.C. 20036 Telephone: (202) 457-7500 l Admission : Member of the Bar of the

! United States Court of Appeals s

for the District of Columbia Circuit Name of Parties: The Detroit Edison Company Northern Michigan Electric

- Cooperative, Inc.

Wolverine Electric Cooperative, Inc.

hca, K. Chu Patrick K. O' Hare

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

THE DETROIT EDIS0J COMPANY ) Docket No . 50-341 (Enrico Fermi Atomtc Power ) (Operating License)

Plant, Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that I have this 20th day of October, 1978, served the foregoing documents entitled:

1) Applicants' Motion for Leave to Commence Limited Discovery Against Petitioners Drake and CEE and Alternative Request for Waiver;

2) Applicants' Motion for Extension of Time;

3) Affidavit in Support of Applicants' Motion for Leave to Commence Limited Discovery Against Petitioners Drake and CEE and Alternative Request for Waiver; and

4) Notices of Appearance for Eugene B. Thomas, Jr., Harry H. Voigt, and Patrick K. O' Hare by mailing copies thereof, first class mail, postage prepaid, and properly addressed, or by personal delivery, as so indicated, to the following persons

Charles Bechhoefer, Esq. Dr. David R. Schink Chairman, Atomic Safety and Department of Oceanography Licensing Board Texas A & M University U.S. Nuclear Regulatory College Station, Texas 77840 Commission (mail)

Washington, D.C. 20555 (personal delivery)

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Mr. Frederick J. Shon Richard Black, Esq.

Atomic Safety and Licensing Office of the Executive Board Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 (personal delivery) (mail)

Chairman, Atomic Safety Dr. Robert G. Asperger and Licensing Board Panel 12 Dennis Court U.S. Nuclear. Regulatory Midland, Michigan 48640 Commission (mail)

Washington, D.C. 20555 (personal delivery) Monroe County Library System Reference Department .

Chairman, Atomic Safety and 3700 South Custer Road Licensing Appeal Panel Monroe, Michigan 48161 U.S. Nuclear Regulatory (mail)

( Commission Washington, D.C. 20555 Secretary (mail) U.S. Nuclear Regulatory Commission Mrs. Martha G. Drake Washington, D.C. 20555 230 Fairview Docketing and Service '

Attn:

Petoskey, Michigan 49770 Section (orig, plus 20)

(mail) (personal delivery)

Mr. Dan Drake 1912 Geddes Avenue Ann Arbor, Michigan (mail)

Mr. Delbert J. Hoffman Supervisor, Frenchtown l Township Frenchtown Township Hall 2665 Vivian Road Monroe, Virginia 48161 (mail) l 1 - h4 Eugech B. Thomas, Jr .

I LeBOEUF, LAMB, LEI 3Y & MacRAE Attorneys for Applica..ts

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