ML20066K947

Answer Supporting Monroe County,Mi 821108 Motion for Extension of Time to File Appellate Pleadings.Aslab Should Advise County & Citizens for Employment & Energy of Rules Re Appeal of Intervention Petition.Certificate of Svc Encl

ML20066K947
Person / Time
Site:	Fermi
Issue date:	11/21/1982
From:	Minock J CITIZENS FOR ENERGY & EMPLOYMENT, MINOCK, J.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20066K914	List: ML20066K913 ML20066K947
References
ISSUANCES-OL, NUDOCS 8211290698
Download: ML20066K947 (3)

Text

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.: n-t UNITFO STATES OF AMERICA NUCLE A?, :4EGULATORY COMMISSION u ;gAQ Y,J, d 61iti[SEhYIC -

ATOMIC SAFETY AtO LICENSING APPEAL BO'ARD 3?.AitCn Administrative Judges:

Stephen F. Eilperin, Chairman Thomas S. Moore Dr. Reginald L. Gotchy

)

In the Matter of )

)

THE DETROIT EDISON COMPANY ) Docket No. 50-341 OL

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(Enrico Fermi Atomic Power Plant, )

Unit 2) )

)

ANSWER TO MONROE COUNTY MOTION FOR EXTENSION OF Tite Now comes Citizens for Employment and Energy (CEE), by their attorney, John R. MInock, and answers Monroe County's Motion requesting an extension of time for filing appellate pleadings as follows:

1. Monroe County's Motion to Intervene and Reopen the Record was denied in the Licensing Board's Initial Decision issued on October 29, 1982.

2. On November 8,1982, Monroe County requested an extension of time in which to file appellate pleadings and other relief which was supported by extensive rationale.

3. Out of fairness to Monroe County, a small county with a part-time commission and legal advisor, CEE agrees that an extension of fourteen days to review the Initial Decision and decide on a course of action is eminently reasonable in light of the seriousness of the issues involved and the apparent contradiction

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8211290698 821121 PDR 0 ADOCK 03000341 PDR

between 10 CFR 2.714a and 10 CFR 2.762 regarding the appropriate appellate procedure.

4. In any event, the Appeal Board's sua sponte Order to Show Cause why CEE should not have its appeal dismissed will delay the appellate proceedings for several weeks until at least December 10, 1982.

WHEREFORE, CEE requests that:

A. The Appeal Board advise the County and CEE of the appropriate appellate rules governing the appeal of the County's Motion to Intervene and the County's and CEE's Motions to Reopen the Record; B. The County be granted a reasonable extension of time in which to file the proper appellate pleadings.

Respectfully submitted, Dated: November 3/ ,1982 Jfhn R. Minock, Esq.

Attorney for CEE

@f:H9 Maple Ridge Ann Arbor, Michigan 48103

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UNITED STATES OF AMERICA 24 A10:22 NUCLEAR REGULATORY COMMISSION ,,.

I ATOMIC SAFETY AND LICENSING APPEAL BOAR g N'hgf Administrative Judges:

Stephen F. Eilperin, Chairman Thomas S. Moore Dr. Reginald L. Gotchy

)

In the Matter of )

)

TFE DETROIT EDISON COMPANY ) Docket No. 50-341 OL

)

(Enrico Fermi Atomic Power Plant, )

Unit 2) )

)

CERTIFICATE OF SERVICE _.

I hererby certify that copies of CEE's Answer to Order to Show Cause and Answer to Monroe County Motion for Extension of Time in the above captioned proceeding have been served on the following by deposit in the United States mail, first class, this 21st day of November,1982:

Harry H. Voight, Esq. Docketing and Service Section Le Boeuf, Lamb, Lerby & McRae Office of the Secretary 1333 New Hampshire Ave., N.W. U. S. Nuclear Regulatory Commission Washington, D.C. 20036 Washington, D.C. 20555 Colleen Woodhead, Esq. Stephen F. Eilperin, Esq., Chairperson Office of the Executive Legal Director Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Appeal Board Washington, D.C. 20555 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Paul Braunlich, Esq.

10 East First Street Thomas S. Moore, Esq.

Monroe, Michigan 48161 Atomic Safety and Licensing Appeal Board Peter Marquardt, Esq. U. S. Nuclear Regulatory Commission Detroit Edison Company Washington, D.C. 20555 2000 Second Avenue Detroit, Michigan 48226 Dr. Reginald L. Gotchy Atomic Safety and Licensing Appeal Board U. S. Nuclear Regul ory Commission Washin ton, .C. 0555 By:

John /R. Minock, Esq.

Att6rney for CEE d()$~-M4 Maple Ridge Ann Arbor, Michigan 48103