ML20054D545

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Order Striking Guard & Carstens 820301 Brief & Dismissing Appeal.Intervenors Failed to Comply W/Aslab 820305 Order That Motion Be Filed Per 10CFR2 App a
ML20054D545
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 04/20/1982
From: Shoemaker C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
GUARD
References
ISSUANCES-OL, NUDOCS 8204230116
Download: ML20054D545 (2)


Text

'

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD

'82 f?P 21 A7 5' Administrative Judges:

Stephen F.

Eilperin, Chairman i

1 Dr. W.

Reed Johnson Dr. Reginald L. Gotchy ggWtv APgZ11981

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In the Matter of

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SOUTHERN CALIFORNIA EDISON

)

Docket Nos. 50-361 OL COMPANY ET AL.

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50-362 OL

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bllp,/,$

(San Onofre Nuclear Generating

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g Station, Units 2 and 3)

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93 Np?Sbc'?

ORDER April 20, 1982 0%>

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TC On March 1, 1982, intervenors' Guard and Carstens,'4".

et al.,

(Guard) submitted an untimely brief to us.

On March 5, we entered an order that the brief was to be con-sidered lodged, but would not be filed until receipt and disposition of a motion comporting with Appendix A to 10 CFR Part 2.

That section calls upon parties to our pro-ceedings to comply strictly with the time limits for filing briefs set forth in the rules of practice.

The section goes on to provide-(id, at (3)):

Absent a showing of extraordinary and unan-ticipated circumstances, motions for [exten-sions] of time must be received by the Appeal D

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b F204230116 820420 PDR ADOCK 05000361 0

PDR

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- 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 document 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 extra-ordinary and unanticipated circumstances.

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

The Guard intervenors have not responded to our March 5 order in any way whatever.

Adequate time for a response having plainly passed, their lodged brief is hereby stricken 1/

and their appeal dismissedT~

It is so ORDERED.

FOR THE APPEAL BOARD b.

hbM\\

C. JQn Shoemaker

~

Secretary to the Appeal Board

~~1/ We will conduct our usual sua sponte review (see Sacramento Municipal Utility District (Rancho Seco Nuclear Generating Station), ALAB-655, 14 NRC 799 (1981)) and still have pending for decision the stay motion and appeal on seismic issues filed by a different set of intervenors, taken from the Licensing Board's January 11, 1982 partial initial decision which authorized the issuance of a low-power operating license for San Onofre Nuclear Generating Station, Unit 2.

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