ML20038A856
| ML20038A856 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 11/20/1981 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111240292 | |
| Download: ML20038A856 (5) | |
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11/20/81 o
e VilITED STATES OF AllERICA
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fiUCLEAR REGULATORY COMMISSION O
$t D2 31937m BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. 50-155 4 - tdd. N
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(Spent Fuel Pool flodi (Big Rock Point Plant)
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NRC STAFF RESP 0!4SE TO INTERVEN0RS' RENEWED MOTION FOR DEFERRAL I.
INTRODUCTION The NRC Staff hereby responds to the renewed motion of Intervenors Christa-Maria, et al.
(Intervenors) for deferral of their responses to the pending motions for sumary disposition filed by the Staff and by the Licensee in this proceeding.
Intervenors' motion was filed on November 18, 1981. ii.e Staff opposes this renewed motion to defer the above-mentioned responses on the ground that Intervenors have failed to establish good cause for the deferral.
II. BACKGROUND On October 21, 1981, Intervenors filed a motion for deferral of their responses to the pending motions for summary disposition. These responses
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were due on October 26, 1981.
In the alternative Intervenors requested an i
extension of time until November 20, 1981 for the filing of their responses.
l The extension of time was granted by the Licensing Board in an Order dated
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October 26, 1981. The Staff responded to the original motion for deferral on November 9, 1981. The Staff opposes Intervenors' original motion on the ground that Intervenors had failed to demonstrate good cause for such a a deferral.
NRC STAFF RESPONSE TO INTERVEN0RS' MOTION FOR DEFERRAL at 1 (November 9, 1981)*
DESIGNATED ORIGINAI;g Certi m a v7
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Intervenors claimed that the deferral of their responses to the pending motions for summary disposition should be granted, since certain
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of the outstanding interrogatories were related to contentions which were the subject of those pending motions.
" Motion to Defer Intervenor's Response to llotions for Summary Disposition until after Licensee Answers I~
Outstanding Interrogatories - and - Motion for Extension of Time to November 13, 1981 to file response" at 1. (hereinafter Intervenors' motion).
3 By Order dated November 13, 1981, the Licensing Board ordered the Inter-venors and the Licensee to attempt to reach an agreement with respect to these outstanding interrogatories. Based on this latest Board Order, Intervenors now renew their motion for a deferral of their summary dispo-i sition responses which are due on NovemL2-20,1981.
III.
DISCUSSION Intervenors have still not established in their renewed motion for a deferral why such a deferral is necessary. They merely claim that through their meetings with Licensee, they will gain additional information with respect to at least six of the contentions which are the subject of the l
pending motions for summary disposition". They provide no basis for this t
assertion.
As the Staff stated in its response to Intervenors' original motion for a deferral, Interkenors failed to show how any of the named interroga-tories related to the contentions covered in the motions for summary disposition.
Intervenors do not make any attempt in the present renewed.
motion to correct this defect. Therefore, they have failed to show why a deferral of their responses to the pending motions for summary disposition is warranted.
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IV.
CONCLUSION For the reasons set fr th above and for the reasons set forth in the Staff's response to Intervenors' original motion for a deferral, this renewed motion for deferral of their responses to the pending notions for sunnary disposition should be denied.
Respectfully submitted, b bb b [\\
i Janice E. Moore Counsel for NRC Staff Dated at Bethesda, Maryland this 20th day of November, 1981.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMilSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. 50-155
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(Big Rock Point Plant)
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(Spent Fuel Pool Modification)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO INTERVENORS' RENEWED MOTION FOR DEFERRAL in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit _in the Nuclear Regulatory Commission's internal mail system, this 20th day of November, 1981.
- Copies to Board were hand delivered.
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. Oscar H.. Paris Leithauser and Leithauser, P.C.
Administrative Judge 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 I
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- 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 Semmel, 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 h bb__ f. M.O Vanice E. Moore Counsel for NRC Staff 4
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