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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20070E4671991-02-26026 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Upgrading Design Basis Threat for Radiological Sabotage of Nuclear Reactors.Recommends That NRC Deny Petition to Increase Design Basis Threat for Security ML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl DD-84-17, Order Affirming 840724 Directors Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Directors Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20127N7591985-06-20020 June 1985 Transcript of Commission 850620 Affirmation/Discussion & Vote in Washington,Dc Concerning Denial of 2.206 Petition for Midland plant,SECY-85-60 Concerning Pressurized Thermal Shock Rule & Shoreham Order.Pp 1-4 ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20094H8531984-07-18018 July 1984 Testimony of Hn Singh Re Unresolved Geotechnical Engineering Safety Issues,Including Reactor Bldg Foundation,Diesel Generator Bldg Settlement & Svc Water Bldg Foundation & Borated Water Tanks ML20094G4411984-07-18018 July 1984 Testimony of Jg Keppler Re QA Problems at Facility & Corrective Actions Taken 1991-02-26
[Table view] Category:PLEADINGS
MONTHYEARML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20084J6111984-05-0404 May 1984 Responds Opposing Sinclair 840419 Motion to Request Caseload Forecast Panel Evaluate New Const Completion Schedule.Aslb Should Deny Request for Relief Contained in Motion. Certificate of Svc Encl ML20084H2581984-05-0202 May 1984 Memorandum in Opposition to Govt Accountability Project (Gap) 840417 Petition for Review.Gap Policy on Disclosures to Press Rules Out Genuine Claim That Affidavits Were to Be Maintained in Total Confidence.Certificate of Svc Encl ML20083N6481984-04-17017 April 1984 Petition for Review of Aslab 840330 Decision & Order ALAB-764 Re Subpoenas Directed to Govt Accountability Project.Aslab Erroneous Re Important Questions of Law & Policy.Certificate of Svc Encl ML20087M9821984-03-30030 March 1984 Response to B Stamiris 840304 New Contention Re Transamerica Delaval,Inc Diesel Generators.Bases in Support of Contention Clarified.Certificate of Svc Encl ML20079M6481984-01-23023 January 1984 Request for Leave to File Encl Corrected Copies of Applicant 831209 Memorandum in Opposition to Appeal of Govt Accountability Project.Table of Contents & Table of Authorities Inadvertently Omitted.Certificate of Svc Encl ML20082U0311983-12-0909 December 1983 Memorandum Opposing Govt Accountability Project (Gap) 831021 Appeal of ASLB Order Granting Util Motion to Depose Gap Witnesses.First Amend Argument Inapplicable Since Affiant Identity Will Not Be Disclosed.Certificate of Svc Encl ML20082E1341983-11-22022 November 1983 Request for Extension Until 831209 to File Brief Opposing Appeal of Govt Accountability Project Deponents.Certificate of Svc Encl ML20086A8801983-11-0404 November 1983 Response to Util Motion to Compel & Application for Enforcement of Subpoenas.Submission to Discovery Would Cause Immediate Grave & Irreparable Injury to Organizational Viability.Certificate of Svc Encl.Related Correspondence ML20081F8991983-11-0202 November 1983 Motion to Compel & Application for Enforcement of Subpoenas Against Govt Accountability Project Deponents,L Clark, T Devine,Bp Garde & L Hallberg.Response from Deponents Must Be Filed Before 831110.Certificate of Svc Encl ML20081E8931983-10-31031 October 1983 Reply to Applicant 831014 Response to Second Supplemental Memorandum in Support of B Stamiris 831005 Motion to Litigate Two Dow Issues.Issues Timely Raised & Present New Evidence.Certificate of Svc Encl ML20090H4271983-10-26026 October 1983 Motion to Continue Beginning Date of Hearings Scheduled for 831031 to 3 Days After Date.Extended Hearing Necessary to Allow Time to Receive Responses to 831011 Discovery Requests.W/Certificate of Svc ML20081E9481983-10-25025 October 1983 Memorandum in Support of 831021 Appeal of ASLB Orders Granting Issuance of Subpoenas.Subpoenas Violate First Amend Rights.Certificate of Svc Encl ML20081B1751983-10-25025 October 1983 Motion to Compel CPC Responses to 831011 Interrogatories & Request for Production Re Investigation of Alleged Violation.Certificate of Svc Encl ML20090H3401983-10-25025 October 1983 Motion for Admission Into Evidence of Transcript of Jl Donnell 831015 Deposition.Certificate of Svc Encl ML20081B0681983-10-21021 October 1983 Memorandum in Support of Appeal from ASLB Orders Granting Discovery Against Govt Accountability Project.Subpoenas Violate Common Law of Privilege.Util Showed No Compelling Need for Discovery ML20078K3141983-10-14014 October 1983 Response to B Stamiris 831005 Second Supplemental Memorandum Supporting Dow Issues.Stamiris Fails to Show New & Significant Info Justifying Reopening Record.Certificate of Svc Encl ML20078F5561983-10-0505 October 1983 Second Supplemental Memorandum in Support of Intervenor Stamiris Motion to Litigate Dow Chemical Co Issues Against Applicant.Dow Documents & Complaints Support Litigation of Issues Raised in Original Motion.Certificate of Svc Encl ML20080P9131983-10-0303 October 1983 Motion to Stay Depositions of L Clark,T Devine,Bp Garde & L Hallberg as Directed in ASLB 830831 Order.Depositions Should Be Stayed Pending Review of 830930 Motion for Reconsideration.Certificate of Svc Encl ML20080P1161983-10-0303 October 1983 Errata to 830930 Motion for Reconsideration.Certificate of Svc Encl ML20078A3471983-09-21021 September 1983 Supplemental Memorandum in Support of 830808 Motion to Litigate Dow Issues.Documents Reveal That Util Knew Fuel Load Dates Presented to NRC Jul 1980 - Apr 1983 False. Certificate of Svc Encl ML20077S7161983-09-19019 September 1983 Motion by L Clark,T Devine,Bp Garde & L Hallberg for Extension Until 830930 to File Motion for Reconsideration of ASLB 830831 Order Denying Motion to Quash Subpoenas. Certificate of Svc Encl ML20024E8261983-09-0202 September 1983 Response Opposing M Sinclair Motion to Reconsider Privilege Ruling.Presence of Bechtel Officials at 821124 Meeting Does Not Destroy Privilege.Bechtel & CPC Share Common Legal Interest.Certificate of Svc Encl ML20024E8771983-09-0202 September 1983 Motion to Reconsider Schedule for Submitting Proposed Findings of Fact on Remedial Soils Issues.Intervenors Should Be Required to File Proposed Findings on Remedial Soils Issues by 831115.Certificate of Svc Encl ML20076F3261983-08-23023 August 1983 Motion for Extension Until 830902 to Respond to Intervenor Motion to Reconsider Order Upholding atty-client Privilege Protection for 821124 Util/Bechtel Meeting.Motion Received 5 Days After Mailing.W/Certificate of Svc ML20076C6711983-08-17017 August 1983 Response to M Sinclair & B Stamiris 830728 Motions Re Dow Vs Util Lawsuit.Aslb Should Defer Motions for 30 Days.Motions Could Be Refiled After Documents Reviewed.Two Oversize Drawings Encl.Aperture Cards in Pdr.Certificate of Svc Encl 1986-08-25
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1 07/02/82 6
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFGRE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 1
In the Matter of
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4 CONSUMERS POWER COMPANY
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Docket Nos. 50-329 OM & OL
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50-330 OM & OL (Midland Plant, Units 1 and 2)
)
NRC STAFF RESPONSE TO INTERVEN0R BARBARA STAMIRIS' MOTION FOR LEAVE TO FILE AN UNTIPELY APPEAL i
1 Michael N. Wilcove Counsel for NRC Staff l
Dated: July 2, 1982 6
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l 07/02/82 UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION l
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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4 CONSUMERS POWER COMPANY Docket Nos. 50-329 OM & OL (Midland Plant, Units 1 and 2)
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NRC STAFF RESPONSE TO INTERVENOR BARBARA STAMIRIS' MOTION FOR LEAVE TO FILE AN UNTIMELY APPEAL
^
l Michael N. Wilcove Counsel for NRC Staff l
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Dated: July 2, 1982
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07/02/82 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329 OM & OL
)
50-330 OM & OL (Midland Plant, Units 1 and 2)
)
NRC STAFF RESPONSE TO INTERVEN0R BARBARA STAMIRIS' MOTION FOR LEAVE TO FILE AN UNTIMELY APPEAL 1.
INTRODUCTION By letters to the Appeal Board dated June 7, 1982 and June 14, 1982, Intervenor Barbara Stamiris moved for leave to file an untimely appeal from a Memorandum and Order issued by the Licensing Board on April 30, 1982, LBP-82-35, 15 NRC (1982) (hereafter April 1982 Order).
For the following reasons, the Staff opposes Ms. Stamiris' motion.
II.
BACKGROUND This proceeding was initiated by an Order Modifying Construction Permits issued on December 6,1979 (hereafter December 1979 Order). The basis for this Order was, in part, the excessive settlement of soil under and around the diesel generator building. The December 1979 Order would haveprohibitedConsumersPdwerCompany(CPC)fromundertakingcertain soils construction activities unless CPC obtained construction permit amendments authorizing such wo'rk. Under the terms of the Order, it will not become effective until a date specified in an Order made following the hearing.
Prior to the April 1982 Order, however, CPC voluntarily agreed to obtain Staff approval before proceeding with remedial work to correct soil related problems under or around safety related structures.
Each time the Staff approved such work, it notified,the Board and the i
intervenors.
After a number of hearing sessions, the Board issued the April 1982 Order which authorized the Staff to amend CPC's construction permits to prohibit all work covered by the December 1979 Order, along with certain additional work, unless CPC obtained explicit Staff approval beforehand.
Furthermore, all such work was to be covered by a Staff-approved Quality Assurance Plan. The Board noted that the requirements of the April 1982 Order were subject to reaffirmation, expansion or removal when the first Partial Initial Decision was issued. The Order stated that pursuant to 10 C.F.R. 5 2.762(a), exceptions were to be filed within ten days after t
service. None were filed and on May 26, 1982, the Staff amended CPC's construction permits consistent with the April 1982 Order.
On May 25, 1982, the Staff approved certain underpinning work designated " Phase 2 underpinning activities."
The letter granting approval also stated that future remedial work would not be approved i
pieceneal, but would be considered as an integrated package.
Copies of the letter were sent to the Board and the parties.
On June 7,1982, Intervenor Stamiris filed an " appeal" from the April 1982 Order.3/
In her cover letter (hereafter " June 7 letter"), she This filing], entitled "Intervenor Appeal Regarding the Irresversible
-1/
Affect [ sic of Ammendment [ sic] No. 3 to Construction Permits on the OM-OL Proceeding" was ambiguous.
It was unclear whether she was appealing the issuance of the amendment or appealing the April 1982 Order.
In a supplemental letter dated June 14, 1982, Ms. Stamiris clarified that she is appealing the April 1982 Order.
acknowledged that her appeal was late.
She claimed that she d*d not file an appeal within the specified time period because (1) the Order appeared to strengthen control over CPC's remedial work and (2) she " trusted the NRC to abide by their April 2, 1982 commitment to refrain from further
' piecemeal concurrence' for soils remedial work and present a 'whole l
package review' for further remedial work at a future hearing, even though this was not required by the Order...."
June 7 letter.2/ She also stated that she began work on her appeal as soon as she received copies of the Staff's letter to CPC approving Phase 2 underpinning work and the amendments to CPC's construction permits.
In a letter dated June 14,1982, (hereafter " June 14 letter") Ms. Stamiris further explained that she did not appeal the Order within the prescribed ten days because "at that point the independent NRC concurrence for soils remedial work outside of the hearing was a possibility but not a reality." The Staff's approval of Phase 2 underpinning work turned the possibility into a reality, thereby prompting the appeal.
On June 22, 1982, the Appeal Board issued an Order directing the l
parties to treat the June 7 letter and the June 14 letter as a motion for leave to file an untimely appeal.
Further briefing on the merits was deferred until disposition of this motion. Hence, this paper addresses only the issue of whether Ms. Stamiris' untimely appeal should be accepted.
-2/
When Ms. Stamiris speaks of April 2,1982 as the date on which the Staff made its " commitment", she is apparently referring to a conference call held that day.
In the call, the Staff expressed its intent to review the remedial soils work as a package and, hence, requested an indefinite postponement of hearings scheduled to resume i
later that month.
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l i.
III.
DISCUSSION 1
The April-1982 Order specificrily set forth the time in which to file exceptions. Since fis. Stamiris did not fale exceptions within the prescribed time period, she must make a strong, showing of good cause as to why her untimely appeal should be accepted.3/ The reasons which she gives for her delay are insufficient.
The basis for her failure to file a timely appeal, as set forth in her i
'une 7 and June 14 letters, is twofold. The Staff (1) did not abide by its April 2, 1982 " commitment" to refrain from piecemeal concurrence and (2) approved further remedial work without subjecting that work to the hearing process.
The April 1982 Order explicitly stated that it did not " dictate the manner in which the Staff may exercise its review - i.e., whether piecemeal (individual construction steps) or as an integrated package."
(Slip opinion, at 19.)
If thera were any thought that the Staff was bound to a " package review, as a result of the April 2,1982 telephone conver-sation, the Order clearly negated it. Thus, Ms. Stamiris was clearly on notice as of the April 1982 Order that the Staff was given the discretior, i
to review the remedial soils work either as a package or in segments.
With respect to Ms. Stamiris' belief that she would have an opportunity for further hearing on the Staff approval of remedial work, again, we believe that the Order is quite clear that no such opportunity t
for hearing was accorded. Ms. Stamiris' failure to recognize conditions I
which are clear on the face of the April 1982 Order, does not constitute P
good cause for a late filed appeal.
3/
See discussion at pages B-7, infra.
1 I
4
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Ms. Stamiris acknowledges that the Order required neither package review of the remedial work nor presentation of Staff concurrence at a hearing.
Her June 7 letter states that:
[E]ecause I trusted the NRC to abide by their April 2,1982 commitment to refrain from further ' piecemeal concurrence' for soils remedial work, and present a 'whole package review' for further remedial work at a future hearing, even though this was not required by the Order, I did not seek an exception within the specified time period.
(Emphasis l
added.)
l Accordingly, Ms. Stamiris' justification for appealing late is not that she obtained new information after the deadline for filing appeals, but that she is dissatisfied that the Staff failed to take the action that she anticipated, even though it was clear on the face of the Order thatsuchactionwasnotrequired.b/
Ms. Stamiris' delayed realization that she was dissatisfied with the April 1982 Order is insufficient as a showing of good cause for a late i
i appeal.
Section IX(d)(3) of Appendix A to Part 2 of the Comission's j
regulations specifically states that:
There must be strict compliance with the time limits i
prescribed for the filing of exceptions or briefs by the rules of practice or by an order of the Appeal Board which extends or shortens those limits in the particular case. Absent a showing of extraordinary and unanticipated circumstances, motions for exceptions of l
time must be received by the Appeal Board at least 1 day 4/
The Appeal Board has held that an erroneous assumption that others would protect one's interests does not constitute good cause i
justifying a subsequent untimely action to protect those interests.
Cf. South Carolina Electric and Gas Company, et al. (Virgil C.
3iimmer Nuclear Station, Unit 1), ALAB-642,13 TiRC881 (1981), aff'd.
Fairfield United Action v. Nuclear ".gulatory Comission, No.
81-2042 (D.C. Cir.1982), Duke Power Company (Cherokee Nuclear l
Station, Units 1,2 and 3), ALAB-440, 6 NRC 642 (1977).
prior ts 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 extraordinary and unanticipated circumstances.
The Appeal Board has long adhered to the p*rinciples of SectionIX(d)(3).
Nuclear Engineering Company (Sheffield; Illinois Low Level Radioactive Waste Disposal Site, ALAB-606, 12 NRC 156 (1980),
(hereafter Sheffield), cited by this Appeal Board in its June 22 Order, specifically states that time limits for appeals are enforced strictly.5_/
Sheffield cited Iowa Electric Light and Power Company, et al., (Duane Arnold Energy Center), ALAB-108, 6 AEC 195 (1973), (hereafter Duane Arnold) as authority for that statement.
In Duane Arnold, a prospective intervenor was one day late in filing his appeal from the denial of his petition to intervene.
Nonetheless, the Appeal Board dis-missed his appeal stating that the time for filing an appeal should be extended only in " compelling circumstances." M.at195. Houston Lighting and Power Company (Allens Creek Nuclear Generating Station, Unit 1), ALAB-547, 9 NRC 638 (1979) also involved a late filed appeal from a denial of intervention. Again, the Appeal Board dismissed the i
appeal stating that "...we would not be justified in accepting a belated
-5/
In Sheffield, the Appeal Board permitted an intervenor to file a late appeal.
The intervenor had mistakenly assumed that a particular Order was interlocutory and therefore did not file an appeal on time.
In permitting a late appeal, the Appeal Board nonetheless admonished that time limits with regard to appeals are enforced strictly.
12 NRC at 160.
That intervenor's failure to file his appeal on time stemmed fonn a mistake in legal judgment.
Ms. Stamiris' motion is distinguishable.
It was clear on the face of the April 1982 Order that neither package review of remedial work nor testimony on the approval of such work was required.
c appeal in the absence of a showing of good cause for the failure to have filed it on time. And, the greater the tardiness, the more compelling need be that showing."
Id. at 639. The reasons set forth by Ms. Stamiris for her delay are not sufficient good cause as required by both the Commission's regulations and the Appeal Board.
IV. CONCLUSION For the foregoing reasons, the Staff opposes Ms. Stamiris' motion for leave to file an untimely appeal and urges that it be denied.
Respectfully submitted,
~
N%\\ % W%
Michael N. Wilcove Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of July, 1982.
e
UNITED STATES OF AMERICA NUCLEAR REGUALT0RY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329 OM & OL
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50-330 OM & OL (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENOR BARBARA STAMIRIS' MOTION FOR LEAVE TO FILE AN UNTIMELY APPEAL" in the above-captioned proceeding 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 2nd day of July,1982.
- Christine N. Kohl, Chairman Ralph S. Decker Atomic Safety and Licensing Appeal Administrative Judge Board Panel Route #4, Box 190D U.S. Nuclear Regulatory Commission Cambridge, Maryland 21613 Washington, D.C.
20555 Dr. Frederick P. Cowan
- Dr. John H. Buck Administrative Judge Atomic Safety and Licensing Appeal 6152 N. Verde Trail Board Panel Apt. B-125 U.S. Nuclear Regulatory Commission Boca Raton, Florida 33433 Washington, D.C.
20555
- Thomas S. Moore Administrative Judge Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20036 Washington, D.C.
20555 Frank J. Kelley
Attorney General for the State Administrative Judge of Michigan Atomic Safety and Licensing Board Steward H. Freeman U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D.C.
20555 Environmental Protection Division 525 W. Ottawa St., 720 Law Bldg.
Lansing, Michigan 48913
James R. Kates Steve J. Gadler, P.E.
203 5. Washington Avenue 2120 Carter Avenue Saginaw, Michigan 48605 St. Paul, MN 55108 Ms. Mary Sinclair Wayne Hearn 5711 Summerset Street Bay City Times Midland, Michigan 48640 311 Fifth Street Bay City, Michigan 48706 Michael I. Miller, Esq.
Ronald G. Zamarin, Esq.
- Atomic Safety and Licensing Board Alan S. Farnell, Esq.
U.S. Nuclear Regulatory Commission Isham, Lincoln & Beale Washington, D.C.
20555 Three First National Plaza 42nd Floor
- Atomic Safety and Licensing Appeal Chicago, Illinois 60603 Board Panel U.S. Nuclear Regulatory Commission James E. Brunner, Esq.
Washington, D.C.
20555 Consumers Pcwer Company 212 West Michigan Avenue
- Docketing and Service Section Jackson, Michigan 49201 Office of the Secretary U.S. Nuclear Regulatory Commission Ms. Barbara Stamiris Washington, D.C.
20555 5795 N. River Freeland, Michigan 48623 Myron M. Cherry, p.c.
Peter Flynn, p.c.
Wendell H. Marshall, President Cherry & Flynn Mapleton Intervenors Three First National Plaza RFD 10 Suite 3700 Midland, Michigan 48640 Chicago, Illinois 60602 T. J. Creswell Frederick C. Williams Michigan Division Isham, Lincoln & Beale Legal Department 1120 Connecticut Avenue Dow Chemical Company Washington, D.C.
20555 Midland, Michigan 48640
%\\ k NQ MichaelN.Wiicove Counsel for NRC Staff i
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