ML20054L557

Motion for Extension of Time to Answer Joint Intervenors 820612 Motion to Reopen Record & Consider New & Previously Excluded Contentions.Commission Considering Impact & Guidelines Re NRDC Vs NRC Effect.Certificate of Svc Encl

ML20054L557
Person / Time
Site:	Waterford
Issue date:	06/30/1982
From:	Churchill B LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8207080237
Download: ML20054L557 (5)

Text

e June 30, 1982 nndV UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

APPLICANT'S MOTION FOR EXTENSION OF TIME TO ANSWER JOINT INTERVENORS' JUNE 15, 1982 MOTION By motion dated June 12, 1982 (served June 15, 1982), Joint Intervenors sought leave to reopen the record to consider new contentions and contentions excluded from this proceeding by previous rulings of the Board. The basis cited for Joint Intervenors' motion is the decision of the Court of Appeals for the District of Columbia Circuit in Natural Resources Defense Council v. NRC, No.

74-1586 (April 27, 1982) (hereinaf ter "NRDC v. NRC") , which invalidated a portion of Table S-3 in 10 C.F.R. S 51 of the Commission's regula-tions.

The impact of NRDC v. NRC on the Commission's licensing procedure is presently under consideration by the Commission, and i

Applicant anticipates that the Commission will be issuing directions

• / See 47 Fed. Reg. 26734 (June 21, 1982). The issuance of the policy statement was subsequently deferred, and is presently tentatively scheduled for the Commission's July 1, 1982 Affirmation Session.

8207080237 820630 PDR ADOCK 05000382 0*

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to licensing and appeal boards on the effect of the decision on, inter alia, pending licensing proceedings. Indeed, as counsel for Applicant noted during the June 25, 1982 conference call, the Commission's agenda for June 24 originally included issuance of an "S-3 Policy Statement." /

The forthcoming Commission guidance may control the Board's determination of Joint Intervenors' motion and will likely render obsolete any response to the motion filed prior to the issuance of the Commission's guidance. Accordingly, Applicant requests that the Board extend the time for response to Joint Intervenors' motion to fourteen (14) days after issuance of the Commission's policy state-ment on Table S-3.-

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Counsel for Applicant has contacted the other parties to the proceeding with respect to this motion. The Staff does not oppose Applicant's motion, and requests that any extension of time granted Applicant be equally granted to the Staff. The Joint Intervenors are concerned that there is no date certain for the issuance of the Commission's policy statement, but do not oppose

• • / In requesting that the time for response be extended to 14 days after issuance of the Commission's policy statement, Applicant is mindful that the complexity of the policy statement issued may necessitate additional time for response to Joint Intervenors' motion.

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the extension of time provided that the actual date for filing of Applicant's response is no later than August 1, 1982.

Respectfully submitted,

• SHAW, PITTMAN, POTTS & TROWBRIDGE f

By v '

(JPQce hT BKurchill Ernest L. Blake, Jr.

James B. Hamlin Delissa A. Ridgway Counsel for Applicant 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: June 30, 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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LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

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(Waterford Steam Electric )

Station, Unit 3) )

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CERTIFICATE OF SERVICE i

I hereby certify that copies of " Applicant's Motion for Extension of Time to Answer Joint Intervenors' June 15, 1982 Motion" were served upon those persons on the attached  ?

Service List by deposit in the U.S.  :. ail, postage prepaid, this 30th day of June, 1982.

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B'rdfe W. Ch6rchill Dated: June 30, 1982

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S UNITED STATES OF AMERICA,. 1 NUCLEAR REGULATORY COMMISSIOli

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Sheldon J. Wolfe, Esquire Mr. Gary Groesch Administrative Judge 2257 Bayou Road Chairman, Atomic Safety and New Orleans, LA 70119

. y, Licensing Board U.S. Nuclear Regulatory Luke B. Fontana, Esquire Commission  ! W 824 Esplanade Avenue Washington, D.C. 20555,l' New Orleans, LA 70116 w

N Dr. Harry Foremans Atomic Safety and Licensing Administrative Judge'm. Board Panel Director, Center forV U.S. Nuclear Regulatory Population Studies Commission Box 395, Mayo Washington, D.C. 20555 University of Minnesota .

! Minneapolis , am 55455 Atomic' Safety and Licensing

\ Appeal Board ranel l Dr. Walter H. Jordan U.S. No:: lear Regulatory Administrative Judge Commission 881 West, Outer Drive Washirgton, D.C. 20555 Oak Ridge, TN 37830 i Docketing & Service Section (3) l Sherwin E. Turk, Esquire (4) Officef o the Secretary Office of the Executive'. U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 i ,

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