ML20031G558
| ML20031G558 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 10/21/1981 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8110230244 | |
| Download: ML20031G558 (5) | |
Text
{{#Wiki_filter:* 10/21/81 c) N hs g[; s e L$ *'OOTg UNITED STATES OF AMERICA g g' 4 NUCLEAR REGULAT0P,Y COMillSSION x-BEFORE THE ATONIC SAFETY AND LICENSING BOARD 'O P Cu s In the Matter of ) CONSUMERS POWER COMPANY Docket No. 50-155 (BigRockPointPlcnt) (Spent Fuel Pool Modification) l NRC STAFF MOTION FOR LEAVE TO REPLY TO IriTERVEN0RS' REPLY TO LICENSEE'S MOTIONS AND STAFF'S RESPONSE TO ADDITIONAL C0flTENTIONS The NRC Staff hereby respectfully moves the Atomic Safety and Licensing Board in the above-captioned proceeding for leave to reply to a document filed by Intervenors Christa-Maria, et al. (Intervenors) on October 9,1981, and re-served on October 16, 1981. This document is entitled "Intervenors Reply to Licensee's Motion and Staff's Response to Intervenor's Additional Contentions and Reply to Licensee Separate riotion Concerning Contention 9-1" (hereinafter "Intervenor's Reply"). If this Motion is granted the Staff requests that the Licens1r.g 80ard should set hovember 6,1981 as the date on yhich this reply must be filed. Intervenors' Counsel has been contacted and has no objection to this I motion. DISCUSSION. On September 4,1981, Intervenors filed 18 additional contentions I having numerous subparts. On September 15, 1981, the Staff filed a response objecting to these additional contentions on the grounds that DESIGIMEQ ORIGIIIAJIJ i 0110230244 s1102t ~ deMtWa' ww"v PDR ADOCK 05000135 08PDlff*3 D # G PDR 4 s4
. i they were untimely, and that they failed to meet the basis requirements i of 10 C.F.R. b 2.714. Licensee filed a motion on that same date to dismiss the contentions for untimeliness, with the exception of a l Licensee moved to dismiss Contention 9-1 on the ground Contention 9-1. that it was premature. In response to Licensee's motions, and to the objections of the Staff concerning the additional contentions, the Intervenors have now i raised arguments for the first time in this proceeding which involve interpretations of the schedule agreed to by the parties and adopted by the Board in its Order Following Special Prehearing Conference. Consumers Power Co. (Big Rock Point Plant), LBP-80-4,11 f4RC 117 (1980). Intervenors now allege that their contentions are based on new information contained in the Staff's safety and environmental documents. Intervenors' Reply at 4-13. Since these allegations were not made at the { time the contentions were filed and could not be anticipated by the Staff, the Staff was not given an opportunity to evaluate these allegations. Consequently, che Staff should have an opportunity to respond to these completely new arguments. The failure of Intervenors to raise these arguments at the appropriate time constitutes good cause for this request for leave to reply. CONCLUSI0f1 For the reasons set forth above, the Staff requests leave of this Licensing Board to reply to Intervenors' reply to Licensee's motions and
. to the Staff's objections to the additional contentions. The Staff further requests that the date for the filing of this reply be Nover.iber 6,1981. Respectfully submitted, ^ bd b. MS Janice E. Moore Counsel for NRC Staff Dated at Bethesda, Maryland this 21st day of October, 1981 I i t
UNITED STATFS OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TliE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) 2 CONSUMERS POWER COMPANY i Docket No. 50-155 ) (Big Rock Point Plant) ) (S ent Fuel Pool Modification) P CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR LEAVE T0 REPLY TO INTERVENORS' I idPLY TO LICENSEE'S MOTIONS AND STAFF'S RFePONSE TO ADDITIONAL CONTENTIONS" in the above-Captioned proceeding have been servs-ti the following by deposit in th'c united States mail, first class, or, as inu..ated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 21st day of October, 1981: Herbert Grossman, Esq., Chairman Joseph Gallo, Esq. Administrative Judge Isham, Lincoln & Beale Atomic Safety and Licensing Board 1120 Connecticut Ave,.N.W., #325 U.S. Nuclear Regulatory Comission Washington, D. C. 20036 Washington, D.C. 20555
- John A. Leithauser Dr.,0 scar H.. Paris Leithauser and Leithauser, P.C.
Administrative Judg? Opal Plaza, Suite 212 Atomic Safety and Licensing Board 18301 Eight Mile Road U.S., Nuclear Regulatory Commission East Detroit, MI 48021 Washington, D.C. 20555
- John O'Neill, II Mr. Frederick J. Shon Route 2, Box 44 Administrative Judge Maple City, Michigan 49664 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Christa-Maria Washington, D.C.
20555
- Route 2, Box 108c Charlevoix, MI 49720 Philip P. Steptoe, Esq.
Michael I. Miller, Esq. Ms. JoAnne Bier Isham, Lincoln & Beale 204 Clinton One First National Plaza Charlevoix, MI 49720 Suite 4200. Chicago, Illinois 60603
- Atomic Safety and Licensing Mr. Thomas Dammann Appeal Board Panel Route 3, Box 241 U.S. Nuclear Regulatory Commission Charlevoix, MI 49720 Washington, D. C.
20555 Judd L. Bacon, Esq.
- Atomic Safety and Licensing Consumers Power Co.
Board Panel 212 West Michigan Avenue U.S. Nuclear Regulatory Commission Jackson, MI 49201 Washington, D. C. 20555 Mr. Gordon Howie
- Docketing and Service Section 411 Pine U.S. Nuclear Regulatory Commission Boyne City, MI 49712 Washington, D. C.
20555 Mr. Jim Mills Herbert Semmels. Esq. Route 2, Box 108 Urban Law Institute of Charlevoix, MI 49720 The Antioch School of Law 1624 Crescent Place, N.W. Washington, D. C. 20009 Db
- b. MO Janice E. Moore Counsel for NRC Staff
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