ML20032A084
| ML20032A084 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 10/22/1981 |
| From: | Gallo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), GALLO, J. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8110280272 | |
| Download: ML20032A084 (5) | |
Text
,
g, 10/22/81 DOCKETED UNITED STATES OF AMERICA -
USHRC NUCLEAR REGULATORY COMMISSION 11 Odi 23 P453 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFIGE CF SECRETARY 00CKETING & SERVICE BRANCH In the Matter of
)
)
Docket No. 50-155 OLA CONSUMERS POWER COMPANY
)
(Spent Fuel Pool
)
Modification)
(Big Rock Point Nuclear Power Plant)
)
3 s
CONSUMERS POWER COMPANY'S
/
~ ' OC7g MOTION FOR OPPORTUNITY TO REPLY 901 On October 16, 1981, Consumers Pcwer Company hj'y
(" Licensee") received a pleading from Intervenors' Christa-Maria, et al.,
("Intervenors") styled "Inte.rvenors ' Reply to Licensee's Motion and Staff's Response to Intervenor's Additional Contentic's and Reply to Licensee Separate Motion Concerning Contention 9-1."
Intervonors' pleading is a response to various moti>ns and responses filed by the Licensee and NRC Staff on September 15.
For the reasons set forth below, Licensee moves the Atomic Safety and Licensing Board
(" Licensing Board") to enter an order providing Licensee the opportunity to file a reply to Intervenors' pleading by Friday, November 6, 1981.
In support of the Motion, Licensee states:
p5o3 s
/ /
8110280272 811022 PDH ADOCK 05000155 O
f 2
1.
Section 2.714 of the NRC's regulations con-templates that intervenors will, at the outset, set forth their contentions with reasonable specificity and bases.
There-after, applicants or licensees and the NRC Staff are permitted the opportunity to reply to intervenors' arguments.
2.
In this case, Intervenors generally presented their additional contentions on September 8 without attempting to (i) relate them to the Staff's Safety Evaluation Report or Environ-mental Impact Appraisal, (ii) present time-liness arguments, or (iii) provide " basis" arguments under section ?.714.
Licensee and the NRC Staff in their pleadings filed on September 15 asserted these general objec-tions.
Intervenors now have riled a reply to these objections and for the first time are attempting to meet the burden imposed by section 2.714 on the admissibility of con-tentions.
2.
If Intervenors' " basis" and timeliness argu-ments had been presented in their September 8,
1981, pleading -- the initial filing of
Intervenors' additional contentions --
Licensee would have had the opportunity to respond.
However, Intervenors chose instead to present these arguments in their October 16 reply.
Intervenors' " basis" and timeli-ness arguments could not have been anticipated by Licensee, ar" therefore Licensee will be prejudiced unless an opportunity to reply is provided.
4.
Counsel for Intervenors has stated that he has no objection to this motion.
Licensee understands the NRC Staff is filing a similar motion, and we, of course, support it.
For good cause shown, Licensee's motion for oppor-tunity to file a reply to Intervenors' October 16 pleading by November 6, 1981, should be granted.
Respectfully submitted, Josepn Gallo y
i One cf the Attorneys for Consumers Power Company
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket No. 50-155 OLA CONSUMERS POWER COMPANY
)
(Spent Fuel Pool
)
Modification)
(Big Rock Point Nuclear Power Plant))
CERTIFICATE OF SERVICE I hereby certify that copies of CONSUMERS POWER COMPANY'S MOTION FOR OPPORTUNITY TO REPLY in the above-captioned proceeding were hand-delivered to Judges Grossman, Paris, and Shon, and served on the other persons shown below by deposit in the United States mail, first-class postage prepaid, this 22nd day of October, 1981.
Herbert Grossman, Esquire Atomic Safety and Licensing Administrative Judge Board Panel Atomic Safety and Licensing U.
S.
Nuclear Regulatory Board Panel Commission U.
S. Nuclear Regulatory Washington, U.
C.
20555 Commission Washington, D.
C.
20555 Atomic Safety and Licensing Appeal' Board Panel Dr. Oscar H.
Paris U.
S.
Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.
C.
20555 Board Panel U.
S.
Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary W:shington, D.-C.
20555 U.
S.
Nuclear Regulatory Commission Mr. Frederick J.
Shon Washington, D.
C.
20555 Administrative Judge Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission Washington, D. C.
20555 1
.~.,-.,,,e,
_.--...w.,.
Janice E.
Moore, Esquire Judd Bacon, Esquire Counsel for NRC Staff Consumers Power Company U.
S.
Nuclear Regulatory 212 West Michigan Avenue Commission Jackson, Michigan 49201 Washington, D.C.
20555 Ms. Christa-Maria Herbert Semmel, Esquire Route 2, Box 108C Urban Law Institute Charlevoix, Michigan 49720 Antioch School of Law 2633 16th Street, N.W.
Ms. JoAnne Bier Washington, D.C.
20009 204 Clinton Charlevoix, Michigan 49720 Mr. John O'Neill, II Route 2, Box 44 Mr. James Mills Maple City, Michigan 49664 Route 2, Box 108 Charlevoix, Michigan 49720
^ '
s os 9([11isD. Macey Secretary to Joseph Gallo
._