ML20065U026
| ML20065U026 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/25/1982 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8211030350 | |
| Download: ML20065U026 (4) | |
Text
.. - -..-
r,,*
October 25, 1982 00LKE E USNRU UNITED STATES OF AMERICA NUCLEAR REGULATORY' COMMISSI01% g 29 P5 57 Before the Atomic Safety and LicensingfBodhgCRER uv im ggjcH In the Matter of
)
)
CLEVELAND ELECTRIC ILLUMINATING
)
Docket Nos.
50-440 COMPANY, et al.
)
50-441
)
(OL)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
MOTION TO STRIKE " APPLICANTS' ANSWER TO 'OCRE REPLY TO STAFF AND APPLICANTS' RESPONSES TO OCRE'S MOTION FCR LEAVE
~
TO FILE ITS CONTENTIONS 21 THROUGH 26'"
On October 19, 1982 Applicants filed a motion for leave to file an answer to OCRE's reply brief. to Staff and Applicants' responses to OCRE's Contentions 21 through 26.
Applicants allege that OCRE's reply contains new factual material and legal arguments, and claim, pursuant to the Licensing Board's October 6,1982 Memorandum and Order (Concerning Procedures-for Late-Filed Contentions), that they should be permitted' to respond.
However, instead of waiting for the Licensing Board's ruling either granting or denying permission to respond, Applicants arrogantly assume that such permission is granted and fil'e the answer instanter, attached to the motion for leave to file same.
Since this filing violates the Commission's rules of practice and the Licensing Board's Order, intervenor Ohio Citizens for Responsible Energy ("0CRE") hereby moves to strike Applicants' answer from the record of this proceeding.
8211030350 B21025 PDR ADOCK 05000440 3SO3 0
- l : f..f.
m
~
. Jf The Commission's regulations clearly delineate the proper
-[. ;,}
procedures pertaining to motions.
Specifically, 10 CFR 2.730
- . f's Ja1.7U..-m,j;,ey allows time for other parties to respond to motions and indicates
. Tl6-
.. - L *- Q..
...,. ',.y ; - 'that the disposition of motions is to be made by the presiding
.(
.a
].l'J[' officer.
Applicants, by attaching their answer to'the very ro motion requesting permission to file same, have usurped the
=J.
~
~
~
Licensing Board's authority and undermined the conduct of this J~.'
', proceeding.
Applicants should not be allowed to blatantly disregard the Commission's regulations _. /
1 l
,,. The Licensing Board's October 6 Memorandum and Ord.or like-
~
l wise does not... sanction their instanter filing.
Indeed, the following excerpt supports the conclusion that the Licensing Board must determine whether Applicants' allegations of the' improper inclusion of new material in intervenors' reply briefs
(
have merit before permitting a response:
.In that decision (LBP-82-79), we discussed ~some " surprise
_ statementalof ~ cause for late filing" -and concluded that there 'was no good cause found in those surprise statements.
Had we found that good cause had been shown in those filings, we would have provided applicant a chance to respond.
Slip op. at 2-3.
In addition, the Board stated that "(w) hen intervenor introduces material that is entirely new, we will permit applicant to respond." Ibid., emphasis added. Although.0CRE will not refute here Applicants' answer to OCRE's reply'brief, it should be noted that most of the items to which Applicants l
object are not entirely new.
Unfortunately, Applicants have
_1/ At the.very least, some explanation should have bee.n offered
-as to why instanter filing was necessary; of course, none l
was given.
_3_
seized upon the Licensi~ng Board's' October 6 Order as an open
',c door to the filing of reply briefs to reply briefs to reply briefs, ad infinitum.
~ ~
OCHE believes that', to ' ensure th'e fair and orderly conduct
~
of this proceeding n accordance with NRC regulations, Applicants' i
answer must be struck.
emP Respectfully submitted, Susan L. Hiatt OCRE Representative 8275 Nunson Rd.
Mentor, OH 44060 (216) 255-3158 O
4 m
.s..**
CERTIFICATE OF SERVICE DOCKETED USHRC TO STRIKE " APPLICANTS' ANSWER TO ' OCHE REPLFT@S This is to certify that copies of the fgr gp F hW AP-PLICANTS' RESPONSES TO OCRE'S MOTION'FOR LEAVE TO FILE ITS CONTENTIONS 21'THROUGH 26'" were served by d,ap,os,ita 3;)p 1
U.S. Nail, first class, pastage prepaid, tEtaKt25 tit Icar Octcber,1982 to those on the service list beloW@NCH W
D Susan L.
Hiatt r
' ~ ~ ~ ~ ~ - ~
SERVICE LIST
~
Peter B. Bloch, Chairman Daniel D. Wilt, Esq.
Atomic Safety and Licensing Board P.O. Bo'x 08.159
- U.S. Nuclear Regulatory Comm'n Cleveland, OH 44108 Washington, D. C.
20555 Dr.JerryR.kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comm8n Washington, D. C. 20555 Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear.Hegulatory Commtn.
Washington, D. C.
20555 Docketing and Se'rvice Section Office of the Secretary U.S. Nuclear Regulatory Comm'n Washington, D.C.
20555 James M.
Cutchin, IV, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Jay Silberg, Esq.
1800 M Street, N.W.
Washington, D.C.
20036 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
-