ML20027A302

Motion for Extension of Time to File Appeal Brief Due to Counsel'S Lack of Time for Preparation Caused by Unrelated But Conflicting Matters,Incl a Court Trial.Cert of Svc Encl

ML20027A302
Person / Time
Site:	Callaway
Issue date:	11/02/1978
From:	Reynolds W SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 7811130071
Download: ML20027A302 (3)

Text

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, Novernber 2,1978

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UNITED STATES OF AMERICA , , . 3, f,,

NUCLEAR REGULATORY COMMISSION . .s N'

~.y-Before the Atomic Safetv and Licen' sinc Acceal Board

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In the Matter of )

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UNION ELECTRIC COMPANY ) Construction Permits Nos. CPPR-139 (Callaway Plant, Units 1 and 2) ) / CPPR-140

// h /74 MOTION FOR EXTENSION OF TIME TO FILE APPEAL BRIEF ,

Union Electric Company hereby moves the Atomic Safety and Licensing Appeal Board for a two-day extension of time for filing its appeal brief in support of its Exceptions to the Licensing Board's Initial Decision On Order To Show Cause, dated September 28, 1978. The Exceptions of Union Electric Company were filed on October 6, 1978. Pursuant to the schedule announced in the September 28 Initial Decision, Union Electric Company's 4

appeal brief is due on November 6, 1978; the present motion seeks

.:n extension of the November 6 filing date to and including November 8, 1978.

The two-day extension of time is necessary in order to ccmplete the appeal brief being prepared in support of Union Electric Company's Exceptions. This effort has been delayed only because the undersigned counsel has been involved in other unrelated matters wn ch have necessarily prevented him from devoting his full time and attention to the brief in question, including a court trial which has just concluded and the I/P~)

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preparation by November 3, 1978 of comments recently requested by another Atomic Safety and Licensing Appeal _3oard in a dif-ferent proceeding.

This request for more time has intentionally been held to the fewest possible days in light of the express desire of the Appeal Board and all parties to expedite consideration of the instant matter to the fullest extent practicable. It is respectfully submitted that an allowance of two extra days in the current briefing schedule will not undermine that objective.

The undersigned counsel has been authorized to communicate to the Appeal Board that neither the NRC Staff nor the Intervenor opposes this request.

WHEREFORE, Union Electric Company respectfully moves that it be granted a two-day extension of time within which to file its appeal brief, to and including November 8, 1978.

Dated: November 2, 1978.

Respectfully submitted, SHAW, PITTMAN, POTTS & TRCWBRIDGE n

Sy: . .-_4 $ _C Wm. Bradford Rey. olds Gerald Charnoff '

Counsel for Union Electric Company

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

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UNION ELECTRIC COMPANY ) Construction Permits Nos. CPPR-139 (Callaway Plant, Units 1 and 2) ) CZm-140 CERTIFICATE OF SERVICE I hereby certify that copies of-the foregoing

" Motion For Extension Of Time To File Appeal Brief" were served- - - - - -

,. upon each of the following, delivering by hand copies to those

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in the Washington, D. C. area, and mailing copies, postage pre-paid, to all others, all on this 2nd day of November, 1978:

Alan S. Rosenthal, Esquire Docketing and Service Section Chairman, Atomic Safety and Office of the Secretary Licensing Appeal Board U.S. Nuclear Regulatorf Camissicn U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 James P. Murray, Esquire Michael C. Farrar, Esquire James Lieberman, Esquire Atomic Safety and Licensing Office of the Executive Iagal Director Appeal Board U.S. Nuclear Regulatorf Conmission U.S. Nuclear Regulatory Coramission Washington, D. C. 20555 Washington, D. C. 20555 i

Michael H. Bancroft, Esquire Richard S. Salzman, Esquire Diane S. Cohn, Esquire Atomic Safety and Licensing Suite 700 Appeal Board 2000 P Street, N.W.

U.S. Nuclear Regulatory Commission Washington, D. C. 20036 i Washington, D. C. 20555 l Fulton City Library

' Atomic Safety and Licensing 709 Market Street Appeal Board Panel Fulton, Missouri 62251 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Olin Library of Washington University Skinker and Lindell Boulevards St. Louis, Misscuri 63103 SHAW, PITTMAN, PCTTS & TRCWBRIDGE l

By: - *--> 4- =i--J 0 1 Wm. Bradfor Reg::the CounselforUniong_ectric' Company

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