ML20052G204

Motion for Extension of Time to Respond to Commission 820506 Order.Time Necessary Since Counsel Involved in Final Exams. Certificate of Svc Encl

ML20052G204
Person / Time
Site:	South Texas
Issue date:	05/09/1982
From:	Sinkin L Citizens Concerned About Nuclear Power, INC.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8205140403
Download: ML20052G204 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOL KETUi BEFORE THE NUCLEAR REGULATORY COMMISSION ys m In the Matter of *

( liAY 12 A1054 HOUSTON LIGHTING AND POWER ) Docket Nos. STN 50- 98 OL COMPANY, ET AL. ( 50- gL.g , ,

(South Texas Project, Units 1 ) y. r est and 2) ( g 3R CITIZENS CONCERNED ABOUT NUCLEAR POWER (CCANP) NECEWED ^'

MOTION FOR EXTENSION OF TIME TO RESPOND TO ' 93 COMMISSION ORDER OF MAY 6, 1982 f,g y 3 /SSg g 4-n gg ht On April 15, 1982, the Atomic Safety and Lic ing 37 p pa;;a Appeal Board removed Judge Ernest Hill from the 4 io d' Safety and Licensing Board (ASLB) for this operat u license proceeding on the basis of an appearance of presonal bias against the intervenor Citizens Concerned About Nuclear Power (CCANP).

On May 6, 1982, the Commission issued an Order announcing its decision to review the Appeal Board Order of April 15 In its Order, the Commission set an expedited briefing schedule of 15 days efter the date of the Order for initial briefs and 25 days after the date of the Order for reply briefs. These dates would be May 21 and June 1 (May 31 being a holiday), respectively.

Citizens Concerned About Nuclear Power (CCANP) filed the original motion which ultimately led to the removal of Judge Hill, though said motion was denied by Judge Hill.

As noted in the Commission's Order of May 6, Judge Hill's appearance of bia s toward CCANP wa s the central basis for the Appeal Board 's removal a ction. CCANP, therefore, has more than the normal party in interest stake in the final determination of Judge Hill's status.

CCANP is represented by Mr. Lanny Sinkin. Mr. Sinkin is a second year law student whose final examinatioqs are currently in progress. His last examination is sepduled for May 13, 1982. During the May 6 through May 13 period, the demands of preparing for examinations make Mr. Sinkin unavailable to work on the initial brief.

In order to provide CCANP will a full fifteen days to brief the two questions raised by the Commission, CCANP hg3 hereby moves the Commission to extend the briefing schedule by 7 days for both the initial and reply briefs. The revised 5 schedule would have initial briefs due on May 28 and June 7, respectively.  ;

/ C) Given the importance of the questions to be decided and l the potential impact on CCANP of those decisions, CCANP l contends a 7 day extension is reasonable.

Respectf ubmitted, Lanny inkin 838 East Magnolia Avenue 8205140403 820509 San Antonio, Texas 78212 PDR ADOCK 05000498 G PDR (512) 734-3979 for intervenor CCANP May 9, 1982 u - - ., + . _ . ,_ - , , . , , - - - - - - .

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, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of )

(

Houston Lighting and Power Co. ) Docket No. 50-498 (South Texas Project, Units 1 ( 50-499 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing CITIZENS CONCERNED ABOUT NUCLEAR POWER (CCANP) MOTION FOR EXTENSION OF TIME TO RESPOND TO COMMISSION ORDER OF MAY 6, 1982 was mailed first class, postage prepaid to the following, this 9th day of May, 1982.

Chairman Nunzio J. Palladino Tom Hudson, Esq.

U.S.N.R.C. Baker and Botts Washington, D.C. 20555 One Shell Plaza '

Houston, Texas 77002 Commissioner John F. Ahearne U.S.N.R.C. Edwin J. Reis Washington, D.C. 20555 Of fice of Executive Legal Director U.S.N.R.C.

Commissioner Victor Gilinsky Washington, D.C. 20555 U.S.N.R.C.

Washington, D.C. 20555 Jack R. Newman, Esq.

Lowenstein, Newman, Reis, Axelrad &

Commissioner Thomas M. Roberts Toll U.S.N.R.C. 1025 Connecticut Avenue, N.W.

Washington, D.C. 20555 Washington, D.C. 20036 Charles Bechhoefer, Esq. Mrs. Peggy Buchorn Chairman, ASLB Route 1, Box 1684 U.S.N.R.C. Brazoria, Texas 77422 l Washington, D.C. 20555 l Mr. William Jordan, Esq.

Dr. James C. Lamb, III Harmon and Weiss 313 Woodhaven Road 1725 I Street, N.W.

Chapel Hill, North Carolina 27514 Washington, D.C. 20006 i Mr. Ernest E. Hill Docketing and Service Section Lawrence Livermore Laboratory Office of the Secretary University of California U.S.N.R.C.

P. O. Box 808, L-123 Washingtan, D.C. 20555 Livermore, California 94550 Atomic Safety and Licensing Board Brian Berwick, Esq. U.S.N.R.C.

Assistant Attorney General Washington, D.C. 20555 Environmental Protection Division P. O. Box 12548, Capitol Station Atomic Safety and Licensing Appeal Board l Austin, Texas 78711 U.S.N.R.C. '

Washington, D.C. 20555 l

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