ML20062A952

Motion for 10-day Extension of Time Until 820820 to File Petition for Reconsideration of Commission 820730 Order, Dismissing Eight Miami Valley Power Project Contentions Raised Sua Sponte by Aslb.Certificate of Svc Encl

ML20062A952
Person / Time
Site:	Zimmer
Issue date:	08/03/1982
From:	Bernabei L GOVERNMENT ACCOUNTABILITY PROJECT, MIAMI VALLEY POWER PROJECT
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8208040264
Download: ML20062A952 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ..

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In the Matter of: )

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The Cincinnati Gas & Electric )

Company, et al. ) Docket No. 50-358

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(Wm. H. Zimmer Nuclear Power )

Station) )

MIAMI VALLEY POWER PROJECT'S MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE PETITION FOR RECONSIDERATION OF COMMISSION ORDER OF JULY 30, 1982

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Petitioner Miami Valley Power Project ("MVPP"), pursuant to-.

10 C.F.R. SS2.730 and 2.772, hereby requests an extension of time within which to file its petition for reconsideration of the _,

Commission's order of July 30, 1982, directing the Atomic Safety and Licensing Board (" Licensing Board") to dismiss eight contentions proposed by intervenor MVPP and raised sua sponte by the Licensing Board.

Petitioner requests an extension of time beyond the allowed 10-day period, 10 C.F.R. S2.771, since it has not yet received the separate opinions from the Commissioners which constitute the full decision of the Commission, although petitioner has been informed that at least two Commissioners have dissented from the decision.

Prior to its consideration of the opinions of the Commissioners, petitioner is not in a position to f.ile its petition for recon-sideration.

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O More importantly, the Commission, split three to two, issued an order that was in contradiction of the recommendation of the NRC Staff and Region III Administrator James G. Keppler. The basis for the Commission's decision in large part rested on its judgment that the NRC Staff and Region III could adequately monitor the applicants' new quality assurance program and its progress in completing the cor-rective actions outlined in the Commission's Immediate Action Letter of April 8, 1981.

The basis for this opinion is doubtful when the NRC Staf f and Region III, those responsible for monitoring CG&E's improvement, themselves supported the Licensing Board's action in reopening.

public hearings for litigation of quality assurance and " character and competence" contentions. Clearly the parties, the NRC Staff,,

and Region III were surprised by the Commission's decision.

Petitioner was not officially informed of the Commission's order until after 5:30 p.m. on July 30, 1982, and was not contacted officially by the Commission Secretary at any time. Intervenor was l not served with a copy of the order until August 3, 1982. Due to the late hour at which the opinion was issued and the unexpected nature of the order, it is only fair to grant petitioner an exten-l sion of time within which to file a petition for reconsideration.

l Moreover, petitioner cannot be expected, consistent with the guaran-l tees of due process in NRC proceedings, to prepare its petition for reconsideration prior to its receipt of the separate opinions of the Commissioners.

l Both counsel for MVPP are currently involved with other matters before the NRC. One attorney is out-of-town participating

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in a Region III investigation of safety problems at the LaSalle plant and another is completing findings of fact and conclusions of law for another licensing proceeding1 [.

For all the reasons stated above, MVPP hereby requests that the Commission grant it an extension of time of ten (10) days to and including August 20, 1982, in which to file its petition for reconsideration of the Commission's order of July 30, 1982, or in the alternative, ten (10) days from the date of issuance of the separate opinions of the individual Commissioners.

Respectfully submitted,

[M LYNNY BERNABEI M N Gove$nment Accountability Project of the Institute for Policy Studies 1901 Que Street, N. W.

WLshington, D.'C. 20009 202/234-9382 _,

Counsel for Petitioner /Intervenor Miami Valley Power Project l

l DATED: August 3, 1981 l

1! Just as all other parties, MVPP counsel were prepared to participate in the prehearing conference scheduled for August 3 and 4, 1982, but not to prepare and file a petition for recon-l sideration on issues previously decided in MVPP's favor by the

! Licensing Board.

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Co'./ETED U91.E CERTIFICATE OF SERVICE m , 3 I hereby certify that copies of the foregoing- Miami Valley :

Power Project's Motion for Extension of Time Within Which to File n ?

Petition for Reconsideration of Commission Order of July 30, 1982 h2 have been served upon the following by mailing copies, proper postage prepaid, this 3rd day of August, 1982:

• Chairman Nunzio J. Palladino

• Judge John H. Frye III U.S. Nuclear Regulatory Commission Chairman, Atomic Safety &

Washington, D. C. 20555 Licensing Board U.S. Nuclear Regulatory Commission

• Commissioner John F. Ahearne Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Was hington, D. C. 20555

• Charles A. Barth, Esquire Counsel for the NRC Staff

• Commissioner James K. Asselstine Office of Executive Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555

• Commissioner Thomas M. Roberts Dr. Frank F. Hooper U.S. Nuclear Regulatory Commission Sierra Nevada Aquatic Research Washington, D. C. 20555 Laboratory '-

Route 1, Box 198

• Commissioner Victor Gilinsky Mammoth Lakes, CA 93546 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. M. Stanley Livingston Administrative Judge

• Leonard Bickwit, Esquire 1005 Calle Largo General Counsel Sante Fe, NM 87501 J U.S. Nuclear Regulatory Commission l Washington, D. C. 20555

• Chairman, Atomic Safety &

Licensing Appeal Board Panel

• Alan S. Rosenthal, Chairman U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Washington, D. C. 20555 l

Appeal Board l U.S. Nuclear Regulatory Commission

• Chairman, Atomic Safety &

l Washington, D. C. 20555 Licensing Board Panel U.S. Nuclear Regulatory Commission i

• Stephen F. Eilperin Washington, D. C. 20555 l

Atomic Safety & Licensing Appeal Board Robert F. Warnick l U.S. Nuclear Regulatory Commission . Director, Enforcement & Investi-Washington, D. C. 20555 gation, NRC Region III 799 Roosevelt Road l *Howard A. Wilber Glen Ellyn, IL 60137 Atomic Safety & Licensing i Appeal Board Deborah Faber Webb, Esquire l U.S. Nuclear Regulatory Commission 7967 Alexandria Pike l Washington, D. C. 20555 Alexandria, Virginia 41001

• Delivered through NRC Internal Mails.

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Andrew B. Dennison, Esquire William J. Moran, Esquire 200 Main Street Vice President and General Counsel Batavia, Ohio 45103 Cincinnati Gas & Electric Company P. O. Box 960 John D. Woliver, Esquire Cincinnati, OH 45201 Clermont County Community Council Box 181

• Docketing and Service Branch Batavia, Ohio 45103 office of the Secretary U.S. Nuclear Regulatory Commission Brian Cassidy, Esquire Washington, D. C. 20555 Regional Counsel Federal Emergency Management Agency, Region I John W. McCormick POCH Boston, MA 02109 David K. Martin, Esquire Assistant Attorney General Acting Director, Division of Environmental Law Office of Attorney General 209 St. Clair Street Frankfort, KY 40601 George E. Pattison, Esquire Prosecuting Attorney of Clermont County, Ohio 462 Main Street Batavia, Ohio 45103 and by hand-delivery this 3rd day of August to:

Troy B. Conner, Esquire Conner & Wetterhahn 1747 Pennsylvania Avenue, N.W.

Washington, D. C. 20006 Aw Lynne"Bernabei

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