ML20065U017
| ML20065U017 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/27/1982 |
| From: | Blake E METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-SP, NUDOCS 8211030337 | |
| Download: ML20065U017 (6) | |
Text
_
,4 Sih tober 27, 1982 d
UNITED STATES OF AMgCg 29 M NUCLEAR REGULATORY COMMISSION ryrF(I' Is V1 g5
- ca Before the Atomic Safety and Licensing eal Board In the Matter of
)
)
Docket No. 50-289 SP METROPOLITAN EDISON COMPANY
)
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
LICENSEE'S REQUEST FOR EXTENSION OF TIME AND PAGE LIMITATION WAIVER By letter to the Appeal Board dated October 14, 1982, Licensee noted that it had received four different appellant briefs to wisich it would respond in one consolidated pleading.
The letter further noted Licensee's intention to file its responsive brief within the normal period allowed by the Commission's regulations (10 C.F.R. S 2.762 (b)) and the 70-page limitation on appellate briefs (see 10 C.F.R.
S 2.762 (e) ).
It is now apparent that with the best of inten-tions, these goals cannot be met.
l Licensee is responding to a total of some 170 pages of appellant briefs.
Although some of the same subject matters are addressed in portions of more than one of appellants' briefs, the arguments seldom are the same and our response t
must deal with each of their arguments.
Moreover, appellants' briefs vary greatly in format; it is frequently difficult or impossible to link appellant arguments to previously filed 8211030337 B21027 PDR ADOCK 05000289 l
0 PDR l
6 exceptions.
Because of the different and at times confused organization in appellants' briefs, our own efforts to organize the various arguments for response in a consolidated brief have been considerable, and more time consuming than we had anticipated.
Additio'nally, we have by necessity needed to devote time to preparations for the oral presentations to the Commission, scheduled for November 9, 1982, and can foresee additional conflicts of time for this effort.
The Appeal Board earlier granted each of the appellants a 10-day extension in their briefing period, noting when it did so, inter alia, that appellants had the Licensing Board's initial Partial Initial Decision for many months in which to work on related portions of their briefs.
Appeal Board Order of September 10, 1982, at 5-8.
Licensee necessarily had to await appellants' briefs before any drafting of its responsive brief could begin.
Based on our present draft of the majority of the respon-l sive brief, we anticipate that the completed draft will be about 150 pages.
The present draft has been prepared mindful of the 70-page limitation and with a desire and intent to abide by that limit, if at all possible, consistent wi.th a l
meaningful product.
It is not realistic to expect that the draft can be reduced appreciably.
For the foregoing reasons, and in accordance with 10 C.F.R.
S 2.762 (e), Licensee requests that it be granted a waiver of the prescribed page limit to allow Licensee to file a 150-page l
l l
l
. consolidated responsive brief, and that the time for filing such brief be extended to November 15, 1982.
No prejudice to any other party is apparent; however, Licensee has advised counsel for the Staff of this request in view of its effect on the normal additional time the Staff is allowed to file its appellate briefs beyond that accorded other parties.
See 10 C.F.R.
S 2.762 (a), (b).
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 I.
, $r'.
By:
Ernest L.
Blake, Jr.
Counsel for Licensee Dated:
October 27, 1982.
LIC October 27, 1982 00LKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMQSI$Y 29 N1 :09 Before the Atomic Safety and Licensisg"AppdEI.NBhard m.,,
u.
~-
In the Matter of
)
)
Docket No. 50-289 SP METROPOLITAN EDISON COMPANY (Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing LICENSEE'S REQUEST FOR EXTENSION OF TIME AND PAGE LIMITATION WAIVER was served this 27th day of October, 1982, by hand delivery to those persons on the attached Service List with an asterisk (*) preceding their names, and by deposit in the United States mail, postage prepaid, addressed to each of the other persons listed on the attached Service List.
ht-$ l h,f/.
Ernest L. Blake, Jr.
l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289 SP
( estart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
SERVICE LIST Administrative Judge Administrative Judge Gary J.
Edles, Chairman Ivan W. Smith, Chairman Atomic Safety & Licensing Atomic Safety & Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Administrative Judge Administrative Judge Walter H. Jordan John H.
Buck Atomic Safety & Licensing Board Atomic Safety & Licensing 881 West Outer Drive Appeal Board Oak Ridge, TN 37830 U.S. Nuclear Regulatory Commission Administrative Judge l
Washington, D.C.
20555 Linda W. Little Atomic Safety & Licensing Board Administrative Judge 5000 Hermitage Drive Christine N. Kohl Raleigh, NC 27612 Atomic Safety & Licensing Appeal Board Atomic Safety & Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Jack R.
Goldberg, Esquire (4)
Office of the Executive Atomic Safety & Licensing Legal Director Appeal Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Docketing & Service Section (3)
Robert Adler, Esquire Office of the Secretary Karin W. Carter, Esquire U.S. Nuclear Regulatory Assistant Attorneys General Commission 505 Executive House Washington, D.C.
20555 Post Office Box 2357 Harrisburg, PA 17120 v
- - - - -.y
i
. John A. Levin, Esquire Ms. Gail Phelps Assistant Counsel ANGRY /TMI PIRC Pennsylvania Public Utility 1037 Maclay Street Commission Harrisburg, PA 17103 Post Office Box 3265 Harrisburg, PA 17120 Jordan D. Cunningham, Esquiro Fox, Farr & Cunningham Mr. Henry D. Hukill 2320 North Second Street Vice President Harrisburg, PA 17110 GPU Nuclear Corporation Post Office Box 480 Ellyn R. Weiss, Esquire (1)
Middletown, PA 17057 William S. Jordan, III, Esquire (1)
Harmon & Weiss Michael F. McBride, Esquire 1725 Eye Street, N.W.,
Suite 506 LeBouef, Lamb, Leiby & MacRae Washington, D.C.
20006 1333 New Hampshire Avenue, N.W.
Suite 1100 Mr. Steven C. Sholly Washington, D.C.
20036 Union of Concerned Scientists 1346 Connecticut Avenue, N.W.
Ms. Louise Bradford Dupont Circle Bldg., Suite 1101 TMI ALERT Washington, D.C.
20036 1011 Green Street Harrisburg, PA 17102 Chauncey Kepford Judith H. Johnsrud Mr. Norman Aamodt Environmental Coalition on R. D.
5 Nuclear Power Coatesville, PA 19320 433 Orlando Avenue State College, PA 16801 John Clewett, Esquire The Christic Institute David E. Cole, Esquire 1324 North Capitol Street Smith & Smith, P.C.
Washington, D.C.
20002 2931 Front Street Harrisburg, PA 17110 Michael W. Maupin, Esquire Hunton & Williams Adminis,rative Judge 707 East Main Street Gary L. Milhollin Post Office Box 1535 Atomic Safety & Licensing Board Richmond, VA 23212 4412 Greenwich Parkway, N.W.
Washington, D.C.
20007 m.