ML20039B521

Memorandum & Order Re Practice & Procedures for Filing Documents

ML20039B521
Person / Time
Site:	Indian Point
Issue date:	12/21/1981
From:	Carter L Atomic Safety and Licensing Board Panel
To:	CONSOLIDATED EDISON CO. OF NEW YORK, INC., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
ISSUANCES-SP, NUDOCS 8112230184
Download: ML20039B521 (5)

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UNITED STATES OF AMERICA HUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD f

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M Before Administrative Judges:

Louis J. Carter, Chairman Qc ty

^Q Dr. Oscar H. Paris Q7g Frederick J. Shon 4y g

In the Matter )f:

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Docket Nos. 50-247 SP CONSOLIDATED EDISON COMPANY OF New York, Inc.

f 50-286 SP

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(Indian Point, Unit No. 1) j g

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December 21, 41)

V, POWER AUTHORITY OF THE STATE OF NEW YORK, INC.

RECEIVED h 6

(Indian Point, Unit No. 3) l DEC 221981*

$, $'Nl$5?

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MEMORANDUM AND ORDER y

(Practice and Procedures) cn m

Some of the papers that have been submitted in this proceeding have not been properly filed. To assist in assuring that documents are filed according to the NRC rules and as a convenience for parties and petitioners, att,ched hereto are copies of the sections of 10 C.F.R. Part 2 which set forth the pertinent procedural rules governing the filing of docu-ments in NRC procedures.

Parties and petitioners shall comply with those rul es. *_/

In addition, because of the large number of petitioners and the unyielding timetable which must be followed in this proceeding, the D501

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~*/ The original and two conformed copies of pleadings and other filed documents referred to in.10 C.F.R. 5 2.708(d) should be sent to the Secretary of the Commissior. All other persons, including the nem-bers of the Board, may be served with conformed copies.

8112230184 811221 DR ADOCK 05000247 g

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- Board is imposing certain additional procedures designed to ease the burden of all participants.

The parties and petitioners are directed

- to adhere to the_following practice:

A.

The letters "SP" (to designate "Special Proceeding") should follow the docket numbers.

B.

The date of execution or filing of each document should be placed on the first page, two to four lines below the docket numbers, stating the month, day and year.

(For an example'of the two preceding procedures, see the caption of this Memorandum and Order.)

1 C.

If a document contains 10 or more pages, provide the following:

1) A cover page which includes a table of contents and a list of all attachments; it may be single spaced.

2) Beneath the title, insert a preface or preliminary statement which (a) summarizes the contents, (b) states the relief requested and the reasons therefore, and (c) states the date the relief is needed and why.

1 i

3) The name, address and telephone nunber of the attorney or

)

representative filing the document shall appear at the l

bottom of the cover page.

i D.

Different motions or pleadings should be submitted as separate documents.

For example, answers to interrogatories should not be combined with a motion to compel answers.

1 E.

The title of each document should, at the start, succinctly identify the filing party and the matter being addressed.

For example, " Consolidated Edison's Response to NRC Staff's Motion to...."

For the reasons set forth above, it is this 21st day of December,-

i 1981 i

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f. ORDERED That the parties and petitioners to this proceeding shall in all future filings comply with the rules set forth in 10 C.F.R. Part 2 and with the procedures described in this Memorandum and Order.

FOR THE ATOMJC SAFETY AND LICENS 1G BOARD Y

/

(<

LouisA./Larter, Chairman ADMI,NIS4RATIVE JUDGE N

Attachment:

As stated

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@ 2.705 Title 10-Energy 1

oath or affirmation of reasons why ed or otherwise reproduced in perma.

the proposed order or action should ncnt form on good unglazed paper'of not be issued or should d!!fer from standard Icttvrhead size. Each page that proposed. Such a statement, if ac-shall begin not less than one and one.

cepted. will be accorded whatever weight is deemed proper.

quartcr !nches from the top, with side and bottom margins of not less than 5 2.706 IIcply.

one and one-quarter inches. Text shall be double-spaced, except that quota.

A party may file a reply to an answer within ten (10) days after it is tions may be single. spaced and indent-served.

ed. The ' requirements of this para-graph do not apol r to original docu.

(Sec.161. Pub. L 83-103. 68 Stat. 948 (42 ments or admisti.: copics offered as U.S.C. 2201); sec. 201. as amended. Pub. L exhibits, or to specially prepared ex.93-438. 88 Stat.1243, Pub. L 94-79,89 Stat. ' hibits.-

413 (42 U.S.C. 5S413)

(c) The original of each document (27 FR 377. Jan.13,1962 as amended at 43 j

FR 17801. Apr. 26.19783 shall be signed in ink by the party or his authorized representative, or'.>y an 9 2.707 Default.

attorney having authority with re-On failure of a party to file an spect to it. The capacity of the person answer or pleading within the time. signing. h!s address, and the date shall prescribed in this part or as specified be stated. The signature of a person in the notice of hearing or pleading; to sil;ning in a representative capacity is i

appear at a hearing or prehearing con. a representation that the document ference, to comply with any prehear. has been subscribed in the capacity ing order entered pursuant to i 2.751a specified with full authority, that he or i 2.752, or to comply with any dis. has read it and knows the contents, covery order entered by the presiding that to the best of his knowledge, in-officer pursuant to i 2.740, the Com-formation, snd belief the statements mission or the presiding officer

• may made l'. It are true, and that it is not make such orders in regard to the fall-interpo:.ed for delay. If a document is ure as are just, including, among not sigrad, or is signed with intent to others the following:

defeat the purpose of this section, it (a) Without further notice, find the may be stricken.

facts as to the matters regarding which the order was made in accord *

(d) Except as otherwise provided by ance with the claim of the party ob.

this part or by order, a pleading for other document) other than corre-taining the order, and enter such order as may be a: 3ropriate; or spondence shall be flied in an original (b) Proceed wit.out further notice and two conformed copies.

to take proof on the issues specified.

(e) The first document filed by any person in a proceeding shall designate (31 FR 15131. July 28.1912) the name and address of a person on whom service may be made.

9 2.70S Formal requirements for docu.

(f) A document filed by telegraph

ments, need not comply with the formal re-(a) Each document filed in an adju-dication subject to this part to wl'ich a quirements of paragraphs (b), (c). and docket number has been assigned shall (d) of this section if an original and bear the docket number and title of copies otherwise complying with all of the proceeding.

the requirements of this section are (b) Each document shall be bound mailed within two (2) days thereafter i

on the left side and typewritten, print-to the Secretary, U.S. Nuclear Regula-tory Commission. Washington, D.C.

20555. Attention: Chief, Docketing and l

'When a reference is made to the Com-Service Section.

mission or the presiding officer in this sub-part and a pres!dir.c officer has been desig.

[27 FR 377. Jan.13.1562, as amended at 28 nated. the speelffed action will be taken by FR 10153. Sept.17,1563; 33 FR 6708 May 5 the presidig officer, ur.: css otherwise pro.

1568; 39 FR 3n32. Oct.1.1974: 45 FR 49537 vided.

July 25.1980]

64 l

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Chap!sr I-?lueloor llsguletory Commission

{ 2.712

! ?.709 Accep*ance for filing.

mission will serve all orders, decisions.

r A document whP.S f ai3 to cccform u.. il p t es to t,ne requirements of 12.703 may be (b) H720 mcy be scrred. Any paper refused acceptance for filing and may be returned with an indication of the required to be served upon a party reason for nonacceptance. Any matter shall be served upon him or upon the so tendered but not accepted for filing representative designated by him or s a1 ot be entered on the Commis-by law to receive service of papers.

When a party has appeared by attor-l ney, service must be made upon the at-5 2.710 Computation of time, torney of record.

In computing any period of time the (c) Hoto semice may be made. Sem day of the act, event, or default after ice may be made by personal delivery, which the designated period of time by first class, certified or registered begins to run is not included. The last mail including air mall, by telegraph, day of the period so computed is in-or as otherwise authorized by law.

cluded unless it is a Saturday, Sunday, Where there are numerous parties to a or legal holiday at the place where the proceeding, the Commission may make action or event is to occur, in which special provision regarding the service IyPers.

event the period runs until the end of

g the next day which is neither a Satur-day, Sunday, nor holiday. Whenever, a upon a party is complete

party has the right or is required to d (1) By personal delivery, on handing some act or take some proceeding the paper to the individual, or leaving within a prescribed period after the g g gg;

.g g g service of a notice cr other paper upon p g

g him and the notice or paper is served in charge, leaving it in a conspicuous upon him by mail, five (5) days shall place therein or, if the office is closed be added to the prescribed period, or the person to be served has no office, leaving it at his usual place of (Sec.161. Pub. L. 83 *iO3. 68 Stat. 948 (42 residence with some person of suitable U.S.C. 2201); sec. 201. as amended. Pub. L.93-438. 88 Stat.1243. Pub. L. 94-79. 89 Stat.

age and discretion then residing there; 413 (42 U.S.C. 5841))

(2) By telegraph when deposited with a telegraph company, properly 128 FR 10153. Sept.17.1963 as amended at 43 FR 17801, Apr. 26,1978) addressed and with charges prepaid; (3) By mail, on deposit in the United 52.711 Exttnsion and reduction of time States mall, properly stamped and ad-limits.

dressed; or (a) Except as otherwise provided by (4) When service cannot be effected law, whenever an act is required or al-in a manner provided by paragraphs Iowed to be done at or.within a speci- (d) W to m belusNe of tpis secdon in fled time, the time fixed or the period any other manner authorized by law.

of time prescribed may for good cause (e) ho# of senh hoof of seMee, be extended or shortened by the Com-stating the name and address of the mission or the presiding officer, or by person on whom served and the stipulation approved by the Commis-manner and date of service, shall be sion or the presiding officer.

shown for each document filed, and (b) In any instance in which this may be made by,.

l part does not prescribe a time limit for (1) Written acknowledgment of the an action to be taken in the proceed-party served or his counsel, Ing, the CommisMon or the presiding (2) The certificate of counsel if he officer may set a time limic for that has made the service; or j

action.

(3) The affidatit of the person making the service.

(37 FR 15131, July 28.1972)

(f) Free copying and service. Except f 2.712 Senice of papers, methods, proof.

in an antitrust proceeding. In any ad-Judicatory proceeding on an applica-(a) Sert: fee of papers by the Commis-tion for a license or an amendment sion. Except for subpoenas, the Com-thereto, the Commissic a, upon request by a party other than the applicant, i

will copy and serve without cost to I

that party that party's testimony (in-cluding attachments), propost;d f!nd-ings of fact and conclusions of law, and responses to discovery requests.

These documents should be filed with Docketing and Service not less than five days before they are due to be submitted to an adjudicatory board.

unless the prcsiding officer provides ot herw ise.

127 FR 377. An.13. lM2..v nmended at 28 FR 10153. S(;>t.17. Mc3; 31 FR 4350, 'dar.

15. ISCC; 45 F R 49537. July 25. IN01