ML20052D062

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Motion for Extension of Time Until 820524 to Respond to Util Motion to Withdraw Application W/O Prejudice.Counsel Must Be Present at Other Hearing & Intervenor Response Not Yet Received.Certificate of Svc Encl
ML20052D062
Person / Time
Site: Perkins  Duke Energy icon.png
Issue date: 04/30/1982
From: Sherwin Turk
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8205060237
Download: ML20052D062 (4)


Text

4 DESIG ATED ORIGINAD-April 30,1982 e

,f Certified By M

y o/h symy UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g}

f BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l

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In the Matter of

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Docket Nos.

STN 50-4 Ni?[

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50-489 (Perkins Nuclear Station,

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50-490 Units 1, 2 and 3)

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NRC STAFF'S MOTION FOR AN EXTENSION OF TIME IN WHICH TO RESPOND TO THE MOTION OF DUKE POWER COMPANY TO WITHDRAW APPLICATION WITHOUT PREJUDICE Pursuant to 10 C.F.R. 6 2.711 and 2.730, the NRC Staff (" Staff")

hereby moves for an extension of time of 14 days, until May 2', 1982, in 4

which to respond to the " Motion of Duke Power Company to Withdraw Application Without Prejudice" (" Motion").

In support hereof, the Staff states as follows:

1.

Applicant's Motion was filed on April 19, 1982, in accordance with the Licensing Board's Order of April 1,1982 (" Order").

Pursuant to the Licensing Board's Order, the Intervenors' response to the Applicant'.s Motion is due on or before May 4, 1982, and the Staf,f's response is due to be filed within five days after service of the Intervenors' response (Order, at 2).

2.

Counsel for the Staff has been advised by counsel for Intervenors that the Intervenors' response was filed and served by mail on April 29, 1982. Accordingly", pursuant to 10 C.F.R. 6 2.710 the Staff's' response is due to be filed on or before May 10, 1982.

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8205060237 820430 PDR ADOCK 05000488

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Counsel for the Staff is scheduled to be 6t an NRC hearing in New Orleans, Louisiana, from May 2,1982 to May 14,1982, and will be unable to prepare and file the Staff's response within the time permitted by the Licensing Board's Order.

In addition, counsel has not yet received the Intervenors' response to the Applicant's Motion, and anticipates that such response will not be received prior to counsel's departure for New Orleans. Accordingly, an extension of time is also required to permit Staff counsel to review Intervenors' response prior to filing the Staff's response to Applicant's Motion.

4 Counsel for the Staff has conferred with Counsel for Applicant and Counsel for Intervenors and is authorized to state that those parties have no objection to the granting of the instant Motion.

WHEREFORE, pursuant to 10 C.F.R. 55 2.711 and 2.730, the Staff hereby moves for an extension of time of 14 days, until May 24, 1982, in which to respond to the Applicant's Motion.

Respectfully submitted, 6

Sherwin E. Turk Counsel for NRC -Staff -

Dated at Bethesda, Maryland this 30th day of April, 1982

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

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Docket Nos. STN 50-488 DUKE POWER COMPANY

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STN 50-489

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STN 50-490 (Perkins Nuclear Station

)

Units 1, 2 and 3)

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t CERTIFICATE'0F; SERVICE I hereby certify that copies of "NRC STAFF'S MOTION FOR AN EXTENSION OF TIME IN WHICH TO RESPOND TO THE MOTION OF DUKE POWER COMPANY TO WITHDRAW APPLICATION WITHOUT PREJUDICE" have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 3rd day of May,1982.

Ivan W. Smith tsq., inalrman Administrative Judge Atomic Safety and Licensing Board William A. Raney, Jr., Esq.

U.S. Nuclear Regulatory Commission Special Deputy Attorney General Washington, D.C.

20555

  • P.O. Box 629 Raleigh, North Carolina 27602 Dr. Donald P. deSylva Administrative Judge William L. Porter, Esq.

Associate Professor of Marine Science Associate General Counsel Rosenstiel School of Marine Duke Power Company and Atmospheric Science 422 South Church Street University of Miami Charlotte, North Carolina 28242 Miami, Florida 33149 William G. Pfefferkorn, Esq.

Dr. Walter H. Jordan P.O. Box 43 Administrative Judge Winston-Salem, North Carolina 27102 881.W. Outer Drive Oak Ridge, Tennessee 37830 Mrs. Mary Davis Route 4 J. Michael McGarry, III, Esq.

Box 261 Debevoise and Liberman Mocksville, North Carolina 27028 1200 Seventeenth Street, N.W.

Washington, D.C.

20036 Quinten Lawson, Esq.

Federal Energy Regulatory Commission Room F611 885 North Capitol, N.E.

Washington, D.C.

20426 1

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  • Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

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  • Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

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  • 00cketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.

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Stuart A. Treby' Assistant Chief Hea ' g Counsel e

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