ML20069J729

Motion for Deferral of Rulings & Extension of Deadlines Until 830617 to Allow Intervenor Representative Sufficient Time to Prepare Necessary Filings.Delay Will Not Prejudice Proceeding Since Operation Date Is 4 Yrs Away

ML20069J729
Person / Time
Site:	South Texas
Issue date:	04/20/1983
From:	Sinkin L Citizens Concerned About Nuclear Power, INC.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8304260062
Download: ML20069J729 (4)

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UNITED STATES OF AMERICA -

p "9 NUCLEAR REGULATORY COMMISSION- . [ 8/

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.- BEFORE THE, ATOMIC SAFE'IT AMD LICENSING ' BOAR Y In the Matter'of ( n, g Docket No~s. 50-498 OL HOUSTON LIGHTING & POWER ( ~

COMPANY, ET AL. ) ,50-499 OL

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(South Texas Project, )

, Units 1 and 2) ( -

CCANP MOTION FOR DEFERRAL OF RULINGS AND EXTENSION 07 DEADLINES In June 1982, Citizens Concerned About Nuclear Power (CCANP) became the only intervenor in this proceeding. Citizens for Equitable Utilpties.,.the other intervenor at that time, withdrew from the' proceeding. The State of Texas, as an.." interested state, " has played no active role to date. in-this proceeding. .

For the past four years, Lanny Sinkin had the

-- responsibility of representing CCANP. :Since September 1980, Mr. Sinkin has been a student in the-University of Texas School of Law. While pursuing his studies, Mr. Sinkin made every effort to provide ~a credible representation for CCANP in this proceeding.

Mr. Sinkin now finds himself enterina the.exami-nation period for what was to be his final semester in law school. (The demands of the proceeding i forced Mr. Sinkin to drop courses during the cast two and a half years and, therefore, completi6n of his law education wi?' not come until.the summer .

of 1983. During this same summer, Mr..S,inkin.will j be preparing for the Bar Exam to be given the last l week of July 1983.) Having spent many hours working on the South Texas Nuclear Project, Mr. , , _ _ . ,

Sinkin finds himself ill prepared for his finals.

e As a result, Mr. Sinkin has left Austin and gone i .to a remote area with no telephone in an effort to complete papers and prepare for finals in the hopes of passing-his courses this semester. .

@,gg There are various rulings pending before the,

• a Board and various deadlines approaching.

b First there is the CCANP motion for a new con-

'$ tention, defective in lacking an affidavit. Mr. Sinkin

.$g fully intended to amend the motion with an affidavit

@g but ran out of time to do so. If the motion is so denied based on the lack of an affidavit, CCANP

$< will expend unnecessary time and resources refiling

@$ the motion with the necessary affidavit; CCAMP La.o DSo3 - . ..

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. , therefore moves the Board to defer ruling.on th,e * *

-motion at this time.

' -Second, the Applicant's' filed a~ set of' inter-rogatories re'garding the hurricane design contention.

Unfamiliar with the technical details of this :

contention.and with inadequate-time available to prepare a response to the interrogatori~es, Mr7 Sinkin has not yet filed a response. CCANP therefore moves the Board.to defer any rulings on motions to compel and to extend the time for answering said inter-rogatories. -

Third, Mr. Sinkin filed answers to Applicapts interrogatories on the Quadrex issues but did n6t respond directly to the questions Applicants .

- asked. Mr. Sinkin did object to answering the questions'as burdensome, but the Applicants mEy file (or have filed) a motion to compel. CCANP further moves the Board to defer ruling on any such motion to compel and.to extend the time,sfor. . ~

responding to any such motion.

, Fourth, the Applicants may file a. motion for~

summary disposition of certain aspects of the con-tentions to be heard in Phase II.'CCANP moves the .

. Board to defer ruling on any such motion and'to

' extend the time for responding to any:such m5 tion.

Mr. Sinkin will comolete his finals _on.May 12,. .

_ _ 1983. CCANP moves that all deferrals and extensions of deadlines be granted until June 17, "1983.~1n order -

to. provide Mr. Sinkin sufficient time'to prepare -

all necessary filines. _ ,.

The deferrals and extensions sought in this motion will not harm any parties to this proceeding. In  :

- Phase I, th'e Board completed hearings on all-issues which the Board and the Commission initially Becided needed to be heard on an expedited basis._ Phase II

contains issues which arose after the.dec.isiqp to hold expedited hearings (Quadrex) and an issue _the '

Board decided should be expedited after-initially

' excluding said issue from expeditious treatment (hurricane design) . The Board, therefore, is under 1

no mandate to move quickly to hear thes.e issues.

Furthermore, the operational dates for the units under consideration are at least four years away.

No delay in operation will result from.a few months delay in this proceeding.

Finally, a denial decision in Phase I may well make the holding of further hearings either moot or premature. CCANP would certainly arg_ue that a denial based on the Phase I record should preclude CCANP (and the Applicants) from having to spend e

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resources for. Phase II until the appeals'procIe'ss is exhausted (should the Appli. cants appe'al rather than

. dropping the , application.)

For the above and foregoing reasons, CCANCmoves the Board to Hefer ruling on all such motions is set

- forth herein and to extend the deadline _s for._CCANP as requested herein. _.

Resnectfully submitted, f* 'i - j()f, 'A . ,,

LannyVSinkin .

Counsel for Intervenor, Citizens Concerned About' Nuclear Power, Inc..

Port Aransas, Texas April 20, 1983 $

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Docket Nos. 50-498 OL T 50-499 OL - -

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' CERTIFICATE OF SERVICE . ou / +.

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. I hereby tertify that copies of CCANP IGNF5ke.- ,U DEFERRAL OF R.ULINGS AND EXTENSION OF DEAD EStwas

• served by. deposit in'the United States Mai , fifst> I- -

class postage paid to the following individua-l's..,andidg ,* g}

entities on the 20 day of April 1983. , ( S s,,, 'j g-

. n ~.,  :

Charles Bechhoefer, Esquire William S. Jordan, III, squire

. Chief Administrative Judge Harmon and Weiss A.S.L.B. Panel 1725 I Street, y'W' #

Was.hington, D.C. 20555 Suite 506 Washington, D.C. 20006 Dr. James C. Lamb, III Administrative Judge Jack R. Newman~ Esquire 313 Woodhaven Road Lowenstein, Newman, et al.

Chapel Hill, NC 27514 1025 Connecticut Avenue, N.W.

Washington, D..C. 20036 Ernest E. Hill- -

' Administrative Judge R'obert.G. Perlis ~

Lawrence Livermore Laboratory O.E.L.D. ~ .. --

University of California U. S. Nucl~ ear Regulatory Comm.

P. O. Box 808, L-123 Washington, D~.C. 20555 Livermore, California 94550 --

l ;r i Atomic Safety and Licensing Board

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Mrs. Peggy Buchorn U. S. Nuclear Regulatory Comm. -

Executive Director Washington, D.C.

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20555 Citizens-for Equitable Util. .

Rout 1, Box 1684 Atomic Safety and Licensing Brazoria, Texas 77411 Appeal Board U. S. Nuclear Regulatory Comm.

Brian Berwick, Esquire Washington, D-C.

20555 Assistant Attorney General P. O. Box 12548 Docketing.,and Service Section

. Capitol Station Office of the Secretary Austin, Texas 78711 U. S. Nu' c lear Regulatory Comm.

, Washington, D.C. '

20555 Tom Hudson, Esquire Baker and Botts One Shell Plaza .

Houston, Texas 77002 ***p LanpypBinkin e

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