ML20040E987

Response Opposing ASLB Order to Show Cause Why J Shniper Should Not Be Dismissed for Default.Petitioner Failed to Realize Response to Objections Must Be Filed Due to Qualified Acceptance by NRC of One Contention

ML20040E987
Person / Time
Site:	Limerick
Issue date:	02/01/1982
From:	Shniper J AFFILIATION NOT ASSIGNED
To:
Shared Package
ML20040E984	List: ML20040E983 ML20040E987
References
NUDOCS 8202080167
Download: ML20040E987 (2)

Text

C aupr

'82 FEB -4 P3:35

.. )

In the Matter of )

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)r -- Docket Nos. 50-352 PHILADELPHIA ELECTRIC COMhANY 30fch'.' 50-353

)

(Limerick Generating Station, )

Units 1 and 2) )

)

RESPONSE TO ORDER DIRECTING PETITIONER JOHN SKUlPER TO SHOW CAUSE WHY HE SHOULD NOT BE DISMISSED FOR DEFAULT John Shniper, Esquire, hereby responds to order to show cause why he should not be dismissed for default and in support thereof avers:

1) petitioner has advance two contentions, III-2 and V-10, part of the coordinated filing of contentions by petitioners; These contentions were timely filed;

2) the Applicant in its response objected to both contentionn and, in fact, the Applicant filed objections to each and every contention of all intervening parties without exception; l 3) the NRC staff, with minor qualifications acceptable to petitioner, filed a response supporting contention III-2 and opposing V-10.

4) in view of the qualified acceptance of the NRC staff of I one of the petitioner's contentions, petitioner did not believe he was under a default obligation to file a response to object-l ions by December 21, 1981. The Board, in its memoranda of October 14, 1981 and November 9, 1981, did not, to the petitioner's interpretation, absolutely require a response to objections 8202080167 820201 PDR ADOCK 05000352 G PDR , - - , , , ,

sg where at least the NRC staff had granted a qualified acceptance of one contention;

5) in a related equitable consideration, petitioner's father, during the month of December, 1981, was in the final stages of pancreatic cancer,' and petitioner was, therefore obligated to preempt much of his personal and professional schedule for the care and attention of his father;

6) on January 4',' 1982, at 7 :45 p.m. , petitioner's father died;

7) that from the moment of his parent's death, until Monday, January 13' 1982, petitioner was barred by personal and religious considerations from any secular concern:

8) that petitioner has been advised, and therefore avers, that on or about January 6, 1982, the Board was advised by Phyllis Zitzer.of Limerick Ecology Action, or by Judy Dorsey, Esc,;

its attorney, or both, of the facts set forth in if 6 and 7.

WHEREFORE, petitioner respectfully submits that there is a sound, equitable basis on the record for petitioner's status as an intervener in this proceeding to be judged on its merits, and not on the basis of a " default",

1 b  %'

John"Shniper, Esquir'e' l HY MAYERSON, P C.

Mennonite Church Road and Schuylkill Road Spring City, Pa. 19475 February 1, 1982 (215) 948-4800

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