ML20065Q441

Motion for 2-wk Extension of Time to Answer West Valley Agricultural Protection Council,Inc 821013 Petition to Intervene.Complete Petition Not Received.Certificate of Svc Encl

ML20065Q441
Person / Time
Site:	Palo Verde
Issue date:	10/22/1982
From:	Bischoff C BISCHOFF, C.A., JOINT APPLICANTS - PALO VERDE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8210270171
Download: ML20065Q441 (5)

Text

.

00LKETED USNRC UNITED STATES OF AMERICA 12 00T 26 Pl2:09 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING 'BO

'nANC4 hT In the Matter of )

ARIZONA PUBLIC SERVICE )

COMPANY, et al. ) Docket Nos. STN 50-528

) STN 50-529 (Palo Verde Nuclear ) STN 50-530 Generating Station, )

Units 1, 2 and 3) )

)

MOTION SEEKING EXTENSION OF TIME WITHIN WHICH TO ANSWER PETITION TO INTERVENE OF WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.

Joint applicants Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District, Southern California Edison Company, Public Service Company of New Mexico, El Paso Electric Company, and Southern California Public Power Authority (the " Joint Applicants") hereby request the Atomic Safety and Licensing Board to grant an extension of time in which to answer the " Petition to Intervene and Reque7;t for Preparation of Supplemental or Revised Environmental Impact Statement, Hearing and Other Relief" (" Petition to Intervene"),

dated October 13, 1982, filed by West Valley Agricultural Pro-tection Council, Inc. (" West Valley"). The Certificate of Ser-vice filed by counsel for West Valley states that the Petition to Intervene was served on October 14, 1982. Based on such service, answers to the Petition to Intervene are due on October 25, 1982, for those served by personal delivery, and 8210270171 821022 PDR ADOCK 05000S28 PDR G

on October 29, 1982,1 / for those served by mail.

Although the Certificate of Service filed by counsel for West Valley states that copies of the Petition to Intervene were served on October 14, 1982, counsel for Joint Applicants were not personally served on that date, and have not since received the Petition to Intervene by mail from the office of counsel for West Valley. Arrangements were made on October 15, 1982, to have the Petition to Intervene picked up at the office of counsel for West Valley by a consultant to Joint Applicants and a copy was picked up on that date. However, as counsel for Joint Applicants later learned, the copy delivered to the con-sultant contained neither the memorandum of law referred to at page 2 of the Petition to Intervene, nor 23 of the 24 affidavits of the West Valley members. As a result of not receiving all of the papers filed in support of the Petition to Intervene, Joint Applicants are unable to prepare an answer which takes into account all of the claims and arguments of West Valley. Accord-ingly, Joint Applicants require an extension of time of two weeks from the date that West Valley provides to counsel for Joint Applicants a complete copy of the Petition to Intervene, including all attachments thereto.

1/ November 3, 1982, in the case of the NRC Staff.

In addition to the foregoing reason, Joint Applicants also require an extension of time due to preexisting commitments of counsel for Joint Applicants over the next two week period.

In filing this motion, Joint Applicants reserve their rights to conduct such discovery as may be required in connec-tion with West Valley's claims respecting (1) its right to intervene in this proceeding and (2) the reasons why its untimely petition shocid be granted.

WHEREFORE, Joint Applicants move this Board for an order extending the time for Joint Applicants to answer West Valley's Petition to Intervene to two weeks from the date that counsel for Joint Applicants receive a comple' 1 copy of the Petition to Intervene, including all attachments.

RESPECTFULLY SUBMITTED, By A Arthur C. Gehr /

Charles A. Bischoff g

3100 Valley Bank Center Phoenix, Arizona 85073 Attorneys for Joint Applicants Dated: October 22, 1982 A

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

ARIZONA PUBLIC SERVICE )

COMPANY, et al. ) Docket Nos. STN 50-528

) 50-529 (Palo Verde Nuclear ) 50-530 Generating Station, )

Units 1, 2 and 3) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Motion Seeking Extension of Time Within Which to Answer Petition to Intervene of West Valley Agricultural Protection Council, Inc." have been served upon the following listed persons by deposit in the United States mail, properly addressed and with postage prepaid, this 22nd day of October,1982.

Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Chairman, Maricopa County Board of Supervisors 111 South Third Avenue Phoenix, AZ 85004 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Robert M. Lazo, Esq.

Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1

Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Dixon Callihan Union Carbide Corporation P.O. Box Y Oak Ridge, TN 37830 Lee Scott Dewey, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Edwin J. Reis, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Rand L. Greenfield, Esq.

Assistant Attorney General P.O. Drawer 1508 Santa Fe, NM 87504 Lynne Bernabei, Esq.

Harmon & Weiss 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006 Kenneth Berlin, Esq.

Winston & Strawn Suite 500 2550 M Street, N.W.

Washington, D.C. 20037 4

' Charles A. pchof J