ML20065F113

Response Opposing Applicant Motion to Revise Procedures for Late Filed Contentions.No Prejudice Demonstrated.Proof of Svc Encl

ML20065F113
Person / Time
Site:	Perry
Issue date:	09/28/1982
From:	Wilt D SUNFLOWER ALLIANCE, WILT, D.D.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8210010250
Download: ML20065F113 (2)

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'82 SEP 30 P 1. :15 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION UF.'/E .' F E lim CCCKLij::3 L SE;.;p BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-440-OL

) 50-441-OL CLEVELAND ELECTRIC ILLUMINATING CO )

et al

)

)

(Perry Nuclear Power Plant, Units )

1 and 2) )

SUNFLOWER ALLIANCE INC. RESPONSE TO APPLICANT'S >

MOTION TO REVISE PROCEDURE FOR LATE FILED CONTENTIONS The Applicant's Motion is without merit and should be rejected. Apart from being nothing more than a Reply Brief to Sunflower's July 13, 1982 filing it does not allege one specific fact wijich would demonstrate that Applicant has been prejudiced by this Board's procedure. Surely', if there was some actual prejudice being visited upon Applicant, it would be detailed in Applicant's Motion. There is not such detail for the simple reason that there is no prejudice.

Intervenor's have used the Reply process to answer Applicant's objections to Intervenor's filings. That is all that Intervenor's have ever done and it certainly complies with this Board's order. The Reply process has been designed to interject essential fairness into these proceedings.

Intervenor's do not have the f acilities; computerized research facilities to  :

match the Applicant's. When Applicant interposes objections, Intervenors have sought to research these objections and then present their views on these ..

f obj ec tions. Intervenors should not be penalized because of their lack of facilities and research libraries. This is particularly true when Applicant g8Ao2688RoiS88)[g G OSB3

,, . o simply has not demonstrated prejudice.

Sunflower urges that this Board make no change in the Late Filed Contention Reply procedure.

5 Respectfully submitted, N,

Daniel D. Wilt,'Esq.

Attorney for Sunflower Alliance- Inc.

P.O. Box 08159 Cleveland, Ohio 44108 (216) 249-8777 .

PROOF OF SERVICE The undersigned certifies that this Response has been sent to all persons on the Service List on this 28th da of September, 1 82.

$A I II ,

DynlelD. Wilt {Esq."

Attorney for Sunflower Alliance Inc.

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