ML20041E168

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Order That Guard & Carstens 820301 Brief in Support of Exceptions to ASLB 820111 Partial Initial Decision Be Lodged W/Aslab But Not Filed Until Receipt of Motion Explaining Why Extension of Time Not Requested by 820223
ML20041E168
Person / Time
Site: San Onofre  
Issue date: 03/05/1982
From: Shoemaker C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
CARSTENS, A.S., GUARD
References
ISSUANCES-OL, NUDOCS 8203100210
Download: ML20041E168 (2)


Text

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a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

'82 !90 -3 T10 :29 Stephen F.

Eilperin, Chairman Dr. W.

Reed Johnson t

I" Dr. Reginald L.

Gotchy

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In the Matter of

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SOUTHERN CALIFORNIA EDISON

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Docket Nos. 50-361 OL COMPANY ET AL.

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50-362 OL

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(San Onofre Nuclear Generating) s Station, Units 2 and 3)

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RECEIVED g

c-MAR 091982>-

ORDER

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,,,,,,,,,,,,,-3 ann umman March 5, 1982 DK b

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Intervenors Guard and Carstens, et al.,

file exceptions to the Licensing Board's partial initial decision in this case on January 25, 1982.

Under 10 C.F.R. 2.762(a) a brief in support of those exceptions was due to be filed thirty days thereafter, on February 24.

The brief was in fact served on March 1, unaccompanied by either a motion for leave to file out of time or a motion for an extension of time.

Appendix A to 10 C.F.R. Part 2 provides in pertinent part:

(3)

There must be strict compliance with the time limits prescribed for the filing of exceptions or briefs by the rules of practice or by an order of the Appeal Board which extends or shortens those limits in the particular case.

Absent a showing of extraordinary and unanticipated circumstances, d

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8203100210 820305 PDR ADOCK 05000361 G

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.. motions for [ extensions] of time must be received by the Appeal Board at least 1 day prior to the date upon which the document in question is then due for filing.

In no circumstances will a docu-ment be accepted by the Appeal Board on an untimely basis unless it is accompanied by a motion for leave to file it out of time, which similarly must be founded upon extraordinary and unanticipated cir-cumstances.

Exceptions and briefs which in form or content are not in substantial compliance with the requirements imposed by the rules of practice are subject to being stricken.

It is therefore, ordered by the Appeal Board, sua sponte, that the brief of intervenors Guard and Carstens, et al.,

shall be lodged with the Board but not filed until receipt and disposition of a motion addressing the extraordinary and unanticipated circumstances why an exten'sion of time was not sought by February 23, and why the brief should be accepted on an untimely basis.

It is so ORDERED.

FOR THE APPEAL BOARD 0.

A b== ; Y C. Je$ Shdemaker Secrethry to the Appea3 Board O