ML20039G104

Motion for Extension of Time Until 810122 to Reply to Intervenor Motion to Reopen Record Re ECCS Model Deficiencies.Info Supporting Motion to Reopen Record within GE Custody So GE Must Review Matl.Certificate of Svc Encl

ML20039G104
Person / Time
Site:	Black Fox
Issue date:	01/07/1982
From:	Gallo J ISHAM, LINCOLN & BEALE, PUBLIC SERVICE CO. OF OKLAHOMA
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8201150287
Download: ML20039G104 (5)

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UNITED STATES OF AMERICA N NUCLEAR REGULATOPY COMMISSION T2 JAN 11 A11:52 BEFORE THE ATOMIC LICENSING AND SAFETY BOARD 0:itu ECi =

GC:N T,ri3.. SEr 2 E MQI In the' Matter of the Application of )

Public Service Company of Oklahoma )

Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and ) .

57 Western Farmers Electric Cooperative ) e

) O (Black Fox Station, Units 1 and 2) ) hEcgypg Jas -

G haar , E1982r  :

MOTION FOR EXTENSION OF TIME 12 b /

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Public Service Company of Oklahoma, Associate Electric Cooperative, Inc., and Western Farmers Electric Cooperative (" Applicants") move the Atomic Safety and Licens-ing Board (" Licensing Board") to enter an order extending the time to reply to "Intervenors Motion to Reopen the Record with Respect to ECCS Models Deficiencies" from January 14 to Jan-uary 22. In support of the motion, Applicants state:

1. Intervenors' motion to reopen the heating rec-ord with respect to ECCS model deficiencies was received by

. Applicants on January 4, 1982. The Licensing Board ruled on.

1 December 17, 1981, that replies could be filed ten days after receipt of Intervenors' pleading on ECCS matters. (Tr. 232-33). Thus, January 14 is the deadline for such replies, i

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2. The Licensing Board's ruling of December 17, 1981, provided Intervenors with the opportunity to submit a revised contention on the issue of alleged ECCS errors de-scribed in NURGE-0460 and their relationship to certain TMI requirements. Intervenors have abandoned this approach (Intervenors' motion, p. 1) , and instead they have filed a motion to reopen the hearing record on the aforementioned NUREG-0460 matters and new information set forth in an NRC Staff letter dated December 11, 1981, to the Shoreham Atomic Safety and Licensing Board. As explained in 3. below, the motion to reopen the hearing record will require more time and effort than would have been the case if Intervenors had merely supplemented their original contention on ECCS matters.

3. Since the information filed in support of Intervenors' motion to reopen the hearing record is uniquely within the custody and knowledge of the General Electric Company ("GE" ) , Applicants are requesting GE to review thic material. Moreover, it may be necessary to obtain an affi-davit concerning these matters from a qualified GE witness.

The GE review, including the possible development of an affidavit and the necessary attendant legal papers, cannot be prepared by January 14. Applicants' inability to meet the January 14 deadline results both from the time needed to prepare the pleading documents and>logictic difficulties --

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, counsel is located in Washington, D. C., whereas GE is located i 4 in San Jose, California. An eight-day extension to January 22 4

would provide the required time.

4. Counsel for Intervenors, the State of Oklahoma, and the NRC Staff have no objection to this motion. However, counsel for the NRC Staff requests that, if the Licensing

Board rules favorably on the motion, their time for reply to Intervenors' motion be extended as well to January 22.

For good cause shown, Applicants' uncontested motion should be granted.  ;

l Respectfully submitted,

/ !

, Joseph Gallo  ;

Counsel for Public

! Service Company of Oklahoma l ISHAM, LINCOLN & BEALE Suite 325 1120 Connecticut Avenue, N.W.

Washington, D. C. 20036 (202) 833-9730 .

Dated: January 7, 1982 I

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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of the Application of )

Public Service Company of Oklahoma, )

Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )

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(Black Fox Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the MOTION FOR EXTENSION OF TIME in the above-captioned proceeding were hand-delivered to Judges Wolfe and Shon and were served upon the persons shown below by deposit in the United States mail, first-class postage prepaid, this 7th day of January, 1982.

Sheldon J. Wolfe, Esquire Docketing and Service Section Administrative Judge Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U. S. Nuclear Regulatory i

U. S. Nuclear Regulatory Commission Comnission Washington, D. C. 20555 Washington, D. C. 20555 Atomic Safety and Licensing Mr. Frcdcrick J. Shon Board Panel Administrative Judge U. S. Nuclear Regulatory Atomic Safety and Licensina Commission Board Panel Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D. C. 20555 Appeal Board Panel U. S. Nuclear Regulatory Dr. Paul W. Purdom Commission Administrative Judge Wasnington, D. C. 20555 U. S. Nuclear Regulatory Commission c/o Environmental Studies Group Drexel University 32nd and Chestnut Streets l Philadelphia, PA 19104 l

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Dennis C. Dambly, tsquire James H. Thessin, Esquire Counsel for NRC Staff Counsel for NRC Staff U. S. Nuclear Regulatory U. S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Joseph R. Farris, Esquire Mr. Maynard Human Feldman, Hall, Franden, Reed, General Manager

& Woodard Western Farmers Electric 816 Enterprise Building Cooperative Tulsa, Oklahoma 74103 P. O. Box 429 Andarko, Oklahoma 73005 Mr. Clyde Wisner Public Affairs Officer Mr. Gerald F. Diddle NRC Region 4 General Manager 611 Ryan Plaza Drive Associated Electric Suite 1000 Cooperative, Inc.

Arlington, Texas 76011 P. O. Box 754 Springfield, Missouri 65801 Mrs. Carrie Dickerson Citizens Action for Safe Michael L. Bardrick, Esquire Energy, Inc. Assistant Attorney General P. O. Box 924 State of Oklahoma Claremore, Oklahoma 74107 112 State Capitol Building Oklahoma City, Oklahoma 73105 Mrs. Ilene H. Younghein 3900 Cashion Place John C. Zink, Ph.D.

Oklahoma City, Oklahoma 73112 Manager, Nuclear Licensing Public Service Company of Mr. Lawrence Burrell Oklahoma Route 1, Box 197 P. O. Box 201 Fairview, Oklahoma 73737 Tulsa, Oklahoma 74102 J ph p llo

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