ML20052F230

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Requests ASLB Consider 820429 Findings of Fact Even Though Findings Late.Due Date Misconstrued.Striking Findings Would Be Significant Penalty for Minor Infraction
ML20052F230
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 05/05/1982
From: Doherty J
DOHERTY, J.F.
To: Cheatum E, Linenberger G, Wolfe S
Atomic Safety and Licensing Board Panel
References
NUDOCS 8205120256
Download: ML20052F230 (1)


Text

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May 5, 1982 Sheldon J. Wolfe, Esq.

Dr. E. Leonard Cheatum Administrative Judge Route 3, Box 350A-U. S. Nuclear Regulatory Uatkinsville, Ga. 30677 Commission

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Washington D. C. 20555 Gustave A. Linenberger Administrative Judge U. S. Nuclear Regulatory Commission

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Re: Houston Lighting & Power Co.

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Dear Members of the Board,

Counsel Copeland, of Applicant, in a letter which k

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a non-renly to this Intervenor's Findings of Fact and v I

e clusions of Law from the most recent nearings,has pointe Y

out these findings were filed on April 29, 1982, instead g

of April 28, 1982, a date set -(Tr. 22,024) at the close of the third day of hearings in Houston, and urges the Board not to E ve consideration to them for that reason.

i First, I must confess that I carried away from the hearings that 14 days after receiving the transcript would be the due date, which was discussed, (Tr. 22,020 - 20,022) and satisfactory to Applicant's counsel, (Tr. 22,022, lines 7 - 8). I apologize for this misconcention and to anyone inconvenienced by the delay.

Second, I would urge that the Board nat follow Mr.

Copeland's suggestion, but not only because of Counsel:New-man's statement.

Instead, I would respectfully point out the board appointed this party lead party for the Suonle-mental Part of TerPIRG Additional Contention 31, and that without consideration of the findings of fact of the only Intervenor to file Findings of Fact, would be to leave out a significant statement for a relatively minor infrac-tion.

That is on balancing the irritation of the lateness against the prejudice to other parties it is far better D$D to fully air the findings than to punish that infraction.

s This Intervenor has filed many papers against deadlines in this proceeding in the last four years.

Hot even

/O Counsel's letter to the Board of May 3,1982, which arrived today urges that this Intervenor is an huoitual late filer.

Instead, the transcript at Tr. 22,023, Lines 21, may reveal that I should have requested more time to begin with.

Therefore, this Intervenor urges the Board to consider his Findings of Fact, of April 29, 1932, and not reject them for inadvertent one-day latenc33.

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