ML20056C193

Georgia Power Co Answer to Mosbaugh Motion for Continuance to File Brief.* W/Certificate of Svc & Svc List

ML20056C193
Person / Time
Site:	Vogtle
Issue date:	03/17/1993
From:	Lamberski J GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
References
CON-#193-13741 OLA-3, NUDOCS 9303300245
Download: ML20056C193 (9)

Text

e SENT,BY:EFC 49/1 . 3-17-93 : 1:68PM : 4048853949- 301 504 1672  :: 2/10 A71'/  ;

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UNITED STATES OF AMERICA 93 C 17 3.02 l NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of i CEORGIA POWER COMPANY,

• Docket Nos. 50-4 24-OLA-3 i

• S0-425-OLA-3 et al.

(Vogtle Electric

• Re: License Amendment Generating Plant, * (Transfer to Southern i j

Units 1 and 2)

• Nuclear)

.(

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r GEORGIA POWER COMPANY'S ANSWER TO MR. MOSBAUGH'S MOTION FOR CONTINUANCE TO FILE BRIEF I. Introductionx  :

Georgia Power Company ("GPC") opposes Mr. Mosbaugh's Motion for continuance to File Brief, dated March 16, 1993, on the ground that good cause has not been shown for granting the requested extension of time.

II. Ba ckcfreund . ~

By memorandum and order dated February 18, 1993 (the

" Board's Order"), the Atomic Safety and Licensing Board (the

" Board") ordered, among other things, that (1) Petitioner Allen L. Mosbaugn be admitted as a party t.o this case, (2) 9303300245 930317 PDR ADOCK 05000424 0 PDR , 93

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iENT,BY:EPC 49/1 3-17-93 : 1:69PY : 60488539494 301 504 1672 :: 3/10 ;

one reconstituted contention be admitted, (3) discovery  ;

commence immediately. i On March 4, 1993, GPC filed an appeal of the Board's order ("GPC's Appeal") with the commission, pursuant to 10 C.F.R. S 2.714a, and simultaneously filed an application to  !

I stay the Board's Order (the " Stay Request"), pursuant to 10  ;

c.T.R. S 2.788, pending a decision by the Commission on 1

GPC's Appeal.

I On March 16, 1993, the day Mr. Mosbaugh's brief and (

I answer to GPC's Appeal and Stay Request were duo, Mr. l l

Mosbaugh filed with the Commission a Motion for Cor.tinuance '

to Pile Brief ("Mr. Mosbaugh's Motion") requesting on extension of time from March 16 to March 20, 1993 to file i

bis brief and answer. Actually, if the Commission grants l Mr. Mosbaugh's Motion, he will be allowed to file his brief and answer as lato as March 22, 1993 because March 20 is a Saturday and 10 C.F.R. S 2.710 would allow him to mako his filing on the next day which is not a Saturday, Sunday or holiday. Thus Mr. Mosbaugh actually seeks six additional days. j The grounds for Mr. Mosbaugh's Motion are that his i counsel has not had adequate time to prepare a response to cither GPC's Appeal or Stay Request because (1) he was required to respond to an order that he received from the

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SENT BY:KPC 49/1  : 3-17-93 : 1:49PM : 404885394 b 301 504 1672 :: 4/10-Commission in the Texas Utilities case, dated March 5, 1993, and (2) thereafter, he was unable to commence legal research on his bricf and answer in this case as a result of the blizzard which struck the Washington, D.C. area.

III. The Commission's Pleading Reouirements.

The Commission's Rules of Practice provide that any i

party to a license proceeding may file a brief in support of or in opposition to an appeal filed pursuant to 10 C.F.R. S 2.714a "within ton (10) dayc after service of the appeal."  ;

10 c F.R. S 2.714a(a). Similarly, any party to a licenso proceeding nay file an answer supporting or opposing the granting of a stay "within ten (10) days after service of an l 1

application for a stay" filed pursuant to 10 C.F.R. S 2.788.

I 10 C.F.R. 5 2.788(d).

GpC's Appeal and Stay Request were filed by express overnight delivery on March 4, 1993. Pursuant to 10 C.F.R. 5 2.710, the time for Mr. Mosbaugh to file his brief and answer to GPC's Appeal and Stay Request, respectively, nay be increased by two (2) dayc. Therefore, his brief and answer were due 12 days from March 4 or on March 16, 1993.

The Commission's pleading requirements provide for extensions of specified time periods within which an act is required to be performed provided that the Commission or the

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SENT BY:RPC 49/1  : 3-17-33 : 1:50PM : 608885336b 301 506 1672  :: 5/10 [

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presiding officer either (1) finds good cause for the i

requested extension, or (2) approves a stipulation to extend  :

the tino limit. 10 C.F.R. S 2.711.1/ Motions are required to " state with particularity the grounds and the relief l

sought, and shall be accompanied by any affidavits or other evidence relied upon...." 10 C.F.R. S 2.730(b).

Based on the foregoing, the Commission should only grant Mr. Mosbaugh's Motion if good cause has been shown  !

with particularity for the requested extension of time.

IV. GPC'n Position.

It is GPC's position that Mr. Mosbaugh's Motion should [

1 be denied for failure to demonstrate good cause. It is no l

t excuse that Mr. Mosbaugh's counsel has other matters pending i before the connission which require his attention. t Mr. Mosbaugh's counccl han used this excuse on prior i h

occasions and has been admonished by the Licensing Board in this case.1/ As for the blizzard conditions in the Washington, D.c. area, roads were generally impassable only l 1/

In this case, no stipulation has been sought or reached i among the parties.

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The Board stated in its order, dated January 26, 1993, at pp. 1-2, that "[w]e do not consider it adequate for a lawyer to state that time is needed because of 'a pending briefing  ;

schedule' and 'the press of other business.'" What is needed is the doncription of the deadlines involved and some notion of the i i

complexity of what is pending. 1

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.. SEg BY:KPC 49/1  ; 3-17-93 : 1:50PM : 4048853949- 301 504 1672-  :: 6/10 on the weakend. By Monday, most roads had been cleared to the extent that it was a workday for Federal employees.

Mr. Mosbaugh provides no evidence that his counsel was unable to reach his office after the weekend.

Mr. Mosbaugh's Motion does not state with particularity the grounds for his requested extension and it is not accompanied by any supporting evidence. Therefore, Mr. Mosbaugh's Motion does not meet the Commission's pleading requirementc. It is also inappropriate to file such a request at the very last minute as did Mr. Mosbeugh's counsel in this caso.

Wero Mr. Mosbaugh's Motion granted by the Commission, GPC would be prejudiced by the delay in time that would-result in obtaining a Commission ruling on GPC's Stay Request. Mr. Mosbaugh in prescing the parties in this case to begin discovery immediately.Al The rights of GPC and its employoas who may bo involved in ongoing enforcement activitics and investigations could be adversely affected if discovery were to commence p< r to obtaining a Commission ruling on the Stay Request i same reasons given in support of the Stay Request. ,

1/ sgg Petitioner's Scheduling Statement," dated March 8, 1993. GPC notes that Mr. Mosbaugh's legal counsel had no difficulty preparing this statomont concurrent with his other activities.

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. 5E\t BY:EPC 49/1  : 3-17-33 : 1:51PM , 404885394% 301 504 1672 :: 7/10 ,

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V. Conclusion.

For the reasons stated herein, CPC requests that the Commission deny Mr. Mosbaugh's Motion for Continuance to File Brief, dated March 16, 1993, for lack of good cause.

If the Commission grants Mr. Mosbaugh any additional time, GPC submits it should be no more than two (2) days, thereby requiring Mr. Mosbaugh to complete his filing by March 18, 1993.

Respectfully submitted,

. c /v-y John Lamberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3360 Ernest L. Blake, Jr., Esq.

David R. Lewis, Esq.

SHAW, PITTMAN, POTTS &

TROWBRIDGE 2300 N Street, NW Washington, DC 20037 (202) 663-8084 Counsel for Georgia Power company DATED: March 17, 1993 SENT BY:WPc astl  : 3-17-93 :.1:51PM : 4048853939-~ 301 504 1672- .:: arlo-z

'93 "'t 17 P3 :02 UNITED STATES OF AMERICA NUCLEAR-REGULATORY COMMISSION l BEFORE THE COMKISSION f

i In the Matter of  !

l GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3  ;

gt al.

• 50-4 2 5-01A-3 1

• t

• l (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern ,

Unita 1 and 2)

• Nuclear) ,

i CERTIFICATE OF SERVICE

-l This is to certify.that copies of-the within and fore- l going " Georgia Power Company's' Answer to Mr.~Mosbaugh's -

Motion for Continuance to File Brief" were served on all i T

those listed on the attached service list by depositing same  ;

with an overnight express mail delivery service and, where .

there is an asterisk shown, by facsimile.  !

This is the 17th day of March,.1993. i s -

hn Lamb 6fski ,

l TROUTMAN SANDERS ,

Suite 5200 600 Peachtree Street, N.E.  ;

Atlanta, GA 30308-2216  ;

(404) 885-3000 i i

SENT BY:KPC 49/1  : 3-17-93 : 1:51PM : 6068853949- 301 504 1672 :# 9/10 UNITED STATES OF AMERICA l NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Mattor of CEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3 El al.

• 50-425-OLA-3 (Vogtle Electric

• Re: License Anandment ,

Generating Plant, * (Transfer to Southern Units 1 and 2)

• Nuclear)

SERVICE LIST Ivan Solin, Chairman E. Call do Planquo, U.S. Nuclear Regulatory Commissioner Commission U.S. Nuclear Regulatory one White Flint North Commission 11555 Rockville Pike One White F1 int North Rockville, Md. 20852 11555 Rockville Pike ,

Rockville, Md. 20852  ;

Kenneth C. Rogers, Commissioner

• Office of Commission U.S. Nuclear Regulatory Appellate Adjudication l Commission U.S. Nuclear Regulatory One White Flint North Commission .

11555 Rockville Piko One White Flint North Rockville, Md. 20852 11555 Rockville Pike Rockville, Md. 20852  ;

James R. Curtiss, Commissioner Administrative Judge U.S. Nuclear Regulatory Peter B. Bloch, Chairman Commission Atomic Safety and Licensing one White Flint North Board 11555 Rockville Pike U.S. Nuclear Regulatory Rockville, Md. 20852 Commission Washington, D.C. 20555 ,

Forrest J. Remick, Commissioner Administrative Judge U.S. Nuclear Regulatory James H. Carpenter Commission Atomic Safety and Licensing One White Flint North Board 11555 Rockville Pike U.S. Nuclear Regulatory Rockville, Md. 20852 Commission Washington, D.C. 20555

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,SENT BY:EPC 49/I  : 3-17-83 : 1:52PM :. 408885394S 301 504 1672 ::10/10 -.

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i Administrative Judge j Thomas D. Murphy Atomic Safety and Licensing Board U.S. Nuclear Regulatory l Commission l l

Washington, D.C. 20555 1

• Michael D. Xohn, Esq. .;

Kohn, Kohn & Colapinto, P.C. l 517-Florida Avenue, N.W.

Washington, D.C. 20001 .i i

Stewart D. Ebneter Regional Administrator j USNRC, Region II j-101 Marietta Street, NW ,

suite 2900 i Atlanta, Georgia 30303  ;

i

• Office of'the Secretary j U.S. Nuclear Regulatory  !

f commission Washington, D. C. 20555 ATTN: Docketing and Services Branch

• Charles Barth, Esq.

Office-of General Counsel One White Flint North j Stop 15B18 -l U.S. Nuclear Regulatory  ;

commission Washington, D. C. 20555 I

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