ML20065B254

Requests Extension Until 820920 to Respond to County of Monroe,Mi 820827 Petition to Intervene.Time for Answer Should Be Calculated from Date Petition Mailed to Counsel of Record.Certificate of Svc Encl

ML20065B254
Person / Time
Site:	Fermi
Issue date:	09/10/1982
From:	Voigt H DETROIT EDISON CO., LEBOEUF, LAMB, LEIBY & MACRAE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8209140323
Download: ML20065B254 (4)

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UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSI'ON Ng P4:gS BEFORE THE ATOMIC SAFETY AND LICENSING COUf c BOASP,E

.v Tt BRA En_ t?tc~r In the Matter of )

)

THE DETROIT EDISON COMPANY, ) Docket No. 50-341 et al. )

)

(Enrico Fermi Atomic Power )

Plant, Unit 2) )

MOTION FOR EXTENSION OF TIME By a pleading dated August 27, 1982, the County of Monroe, Michigan, has petitioned for leave to intervene in this proceeding. The petition was not accompanied by a certificate of service.

A copy of the petition was received by Peter A. Marquardt, Esq. at The Detroit Edison company on August 30, 1982. The copy addressed to this firm, which, as the Atomic Safety and Licensing Board knows, represents the Applicants in this proceeding, was not received until September 7. The envelope in which our copy arrived was postmarked September 3.

Pursuant to 10 C.F.R. SS 2.710 and 2.714(c), an answer to the petition may be filed within 15 days follow-ing the date on which it was served by mail. Fifteen days from September 3 is September 18, a Saturday, which means that Applicants' answer is due on September 20 if the time is calculated from the date upon which the document was mailed to counsel of record. We submit that it should be so calculated.

8209140323 820910 PDR ADOCK 05000341

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However, the fact that the document was served on Company counsel at an earlier time creates an ambiguity as to how the time to answer should be calculated. To remove the ambiguity, we therefore move that Applicants' time to answer be extended until Monday, September 20.

Monroe County's petition seeks to reopen a pro-ceeding in which all hearings have long since been concluded and a decision by the Licensing Board is expected shortly. The petition, if it is granted, threatens to put the hearing process on the critical path for licensing. It is therefore imperative that counsel be afforded an opportunity to answer the petition fully and completely. Granting this motion will facilitate a complete answer.

Respectfully submitted,

, LeBOEUF, LAMB, LEIBY & MacRAE By AA/w -

86 1333 New Hampshire Avenue, N.W.

Suite 1100 Washington, D.C. 20036 (202) 457-7500 i

Attorneys for Applicants September 10, 1982 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

THE DETROIT EDISON COMPANY, ) Docket No. 50-341 '

et al. )

)

(Enrico Fermi Atomic Power )

Plant, Unit 2) )

CERTIFICATE OF SERVICE I hereby certify that I have this 10th day of September, 1982, served the foregoing document, entitled

" Motion for Extension of Time" by mailing copies thereof, first class mail, postage prepaid, and properly addressed, to the following persons:

Gary L. Milhollin, Esq. Dr. Peter A. Morris Chairman Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board 4412 Greenwich Parkway, N.W. U.S. Nuclear Regulatory Washington, D.C. 20007 Commission Washington, D.C. 20535 Paul E. Braunlich, Esq.

Legal Advisor Dr. David R. Schink Monroe County, Michigan Administrative Judge Board of Commissioners Department of Oceanography 19 East First Street Texas A & M University Monroe, Michigan 48161 College Station, Texas 77840 John Minock, Esq. Chairman, Atomic Safety and Attorney for Citizens for Licensing Board Panel Employment and Energy U.S.' Nuclear Regulatory

305 Mapleridge Commission Ann Arbor, Michigan 48103 Washington, D.C. 20555 l;

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F l Stuart A. Treby, Esq. Colleen Woodhead, Esq.

! Office of the Executive Office of the Executive Legal Director Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Robert J. Norwood Secretary Supe rvisor U.S. Nuclear Regulatory Frenchtown Charter Township Commission 2744 Vivian Road Washington, D.C. 20555 Monroe, Michigan 48161 Attention: Docketing and Service Section Monroe County Library System Reference Department 3700 South Custer Road Monroe, Michigan 48161

'U m T b g2 Harry H fVoigt LeBOEUF, LAMB, LEIBY & MacRAE Attorneys for Applicants 1

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