ML20042C634
| ML20042C634 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 03/29/1982 |
| From: | Gallo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20042C629 | List: |
| References | |
| ISSUANCES-OLA, NUDOCS 8203310607 | |
| Download: ML20042C634 (5) | |
Text
I 3/29/02 r[LeliE UNITED STATES OF AMERICA *82 11/R 30 A11 :14 NUCLEAR REGULATORY COFMISSION L
r-BEFORE THE ATOMIC SAFETY AND-LICENSING BOARD In the Matter of
)
) Docket No. 50-155-OLA CONSUMERS POWER COMPANY
) (Spent Fuel Pool
)
Modification)
(Big Rock Point Nuclear Power Plant)
)
MOTION TO ALLOW REPLY TO INTERVENORS' PLEADING On March 22, 1982, Consumers Power Company ("Licen-see") received Intervenors Christa-Maria, et al., " Opposition to Licensee's Motion to Strike Testimony and Dismiss Christa-Maria Contention No.
9,"
(hereinafter referred to as " Reply in Opposition").
The NRC's Rules of Practice do not provide for replies to responses to motions.
Accordingly, Licensee hereby moves the Licensing Board to enter an order granting Licensee the right to file a reply by Friday, April 2, to Intervenors' Reply in Opposition.
In support of the Motion, Licensee states:
1.
Pursuant to the stipulation among Intervenors, the NRC Staff, and the Licensee,.which was approved-by the Licensing Board on March 18, 1982, Licensee-advised Mr. Semmel 8203310607 820329 PDR ADOCK 05000155 C
a
. on March 11 that it could not agree with Intervenors' !! arch 8 particularization of the emergency planning issues under Con-tention 9.
Thereafter, Intervenors filed their Reply in Opposition to the Licensee's extant motion to strike testimony and to dismiss Contention 9.
2.
Intervenors, in their Reply in Opposition, attack the emergency plan at Big Rock Point by asserting that (i) adequate measures have not been taken with respect to protecting children and pregnant women, (ii) radiation moni-toring is inadequate, and (iii) training is insufficient.
See attachn.ents to Reply in Opposition entitled, "Intervenors Specification of Changes Required in Emergency Planning Under Christa-Maria Contention No.
9,"
pp.
3-4.
In addition, va-rious changes to the emergency plan are recommended.
See Specification, pp.
4-5.
These and other arguments are pre-sented for the first time.
Compare Intervenors' Specification with " Testimony of Christa-Maria, Joanne Bier, Jim Mills, Shirley John,'and John O'Neill," dated January 25, 1982.
In this circumstance, fairness requires that Licensee be given the opportunity to respond to these arguments.
e
s 9
. 3.
Counsel for the Licensee is authorized to state that neither counsel for the Intervenors nor the NRC Staf f have any objection to this motion.
It is also requested that, if they so choose, the NRC Staff be given until April 2 to file.a response.
For good-cause shown, the uncontested motion should be granted.
Respectfully submitted, 0-
. J_,
dA J
ph C/11c" of the Attorneys for Consumers Power Company ISHAM, LINCOLN & BEALE Suite 840 1120 Connecticut Avenue, N.W.
Washington, D. C.
20036 (202) 833-9730 Dated:
March 29, 1982 1
e
n m..
UtiITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOtt
'82 iMR 30 A11 :14 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD UL.; <
.-x, A!Q!
In the Matter of
)
) Docket No. 50-155-OLA CONSUMERS POWER COMPANY
) (Spent Fuel Pool
)
Modification)
(Big Rock Point Nuclear Power Plant)
)
CERTIFICATE OF SERVICE I hereby certify that copies of MOTION TO ALLOW REPLY TO INTERVENORS' PLEADING were hand-delivered to Judge Bloch, Judge Paris, Judge Shon, Herbert Semmel, and Janice Moore, and were served on the other persons listed below by deposit in the United States mail, first-class postage pre-paid, this 29th day of March, 1982.
Peter B.
Bloch, Esquire Atomic Safety and Licensing Administrative Judge Board Panel Atomic Safety and Licensing U.
S.
Nuclear Regulatory Board Panel Commission U.
S. Nuclear Regulatory Washington, D. C.
20555 Commission Washington, D. C.
20555 Atomic Safety and Licensing Appeal Board Panel Dr. Oscar H. Paris U.
S.
Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing
. Washington, D. C.
20555 Board Panel U.
S. Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary Washington, D. C.
20555 U.
S.
Nuclear Regulatory Commission Mr. Frederick J.
Shon Washington, D.C.
20555 Administrative Judge Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission
. Washington, D. C.
20555 W
.. l Janice E. Moore, Esquire Judd Bacon. Esquire Counsel for NRC Staff-Consumers Powcr Company U. S. Nuclear Regulatory 212 West Michigan Avenue Commission Jackson, Michigan 49201 Washington, D. C. 20555 Ms. Christa-Maria Herbert Semmel, Esquire Route 2, Box 108C Urban Law Institute Charlevoix, Michigan 49720 Antioch School of Law 4
2633 16th Street, N.W.
Ms. JoAnne Bier Washington, D. C.
20555 204 Clinton Charlevoix, Michigan 49720 l
Mr. John O'Neill, II Route 2, Box 44 Mr. James Mills Maple City, Michigan 49664 Route 2, Box 108 Charlevoix, Michigan 49720 1
2 g/Jos/hhGallo r
e t
,_