ML20071E988

Response Opposing Prairie Alliance 830305 Affidavit Opposing Applicant 830117 Motion for Summary Disposition or for Continuance Pending Discovery.Rules Prohibit ASLB Consideration of Late Filed Affidavit.W/Certificate of Svc

ML20071E988
Person / Time
Site:	Clinton
Issue date:	03/11/1983
From:	Fox C ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8303150402
Download: ML20071E988 (7)

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I UNITED STATES OF AMERICA <

1 ' NUCLEAR REGULATORY COMMISSION  ;

I IN THE MATTE.R OF )

ILLINOIS POWER COMPANY, )

SOYIJGD POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. ) Docket No. 50-461 OL

)

(Operating License for Clinton )

Power Station, Unit 1) )

RESPONSE OF APPLICANTS TO PRAIRIE ALLIANCE'S AFFIDAVIT IN OPPOSITION TO l APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OR FOR CONTINUANCE PENDING DISCOVERY Illinois Power Company, Soyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Inc. (" Applicants")

hereby respond to Prairie Alliance's Affidavit in Opposition to Applicants' Motion For Summary Disposition or For Continuance Pending Discovery of March 5, 1983 (" Af fidavit".) as follows:

1. On January 17, 1983, Applicants filed their i

Motion for Summary Disposition of Prairie Alliance Contention VI (" Motion for Summary Disposition"). Under 10 C.F.R. S 2.749)a),

a party opposing a motion for summary disposition is given two i

deadlines within which to file responses. The first deadline is. that a party "may serve an answer supporting or opposing the motion, with or without affidavits, within twenty (20) days i after service of the motion". Prairie Alliance met this dead-line by submitting its Answer in Opposition to Applicants' Motion for Summary Disposition of Prairie Alliance Contention 8303150402 830311 PDR ADOCK 05000461 Sr C PDR 4

VI on February 3, 7.983.

2. The second deadline provided by 10 C.F.R.

S 2.749 (a) is:

"The opposing party may within ten days after service respond in writing to new facts and arguments presented in any statement filed in support of the motion.

No further aupporting statements or re-sponses thereto shall be entertained."

The only statement filed in support of Applicants' Motion for Summary Disposition was the NRC Staff Support of Applicants' Motion for Summary Disposition of Prairie Alliance Contention VI ("NRC Staff Support") which was served on all parties on February 14, 1983. Any response of Prairie Alliance to the NRC Staff Support had to have been served by March 1, 1983 (This date is determined by adding the ten day deadline pro-vided by 10 C.F.R. S 2.749 (a) to the~ additional five days

- allowed by 10 C.F.R. G 2.710 for service by mail). Assuming that Prairie Alliance's Affidavit was in response to the NRC Staff Support (and this is not clear from the face of the Affidavit)*, the Atomic Safety and Licensing Board ("the i

Board") may not consider it, since the Affidavit was not i s'erved within the deadline set forth 'in 10 C.F.R. S 2.749 (a) .

10 C.F.R. S 2.749(a) specifically provides' that only responses filed within the ten day deadline may be considered when it

• If the Affidavit is not in response to the NRC Staff Support, then the Affidavit -is a filing which 'is not allowed by 10 C.F.R. S 2.749 and must be rejected for that reason.

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states that "[n]o further supporting statements or responses thereto shall be entertained." Thus the_ Board is permitted no leeway in determining whether it should consider a late-filed response to a statement in support of a motion for summary disposition.

WHEREFORE, for the Reasons stated above, Appli-cants submit that the Board may not consider Prairie Alliance's Affidavit in these proceedings.

Respectfully submitted, kn NO Kh One of the Attorneys for Applicants Sheldon A. Zabel Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: March 11, 1983 l

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CERTIFICATE OF SERVICE I hereby certify that an original and two con-formed copies of the foregoing document were served upon the following:

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch and that one copy of the foregoing document was served upon each of the following:

Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University

. 2300 Sixth Street, N.W.

Washington, D.C.

Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 Jean Foy 511 W. Nevada Urbana, Illinois 61808 i

i Prairie Alliance Box 2424 Station.A Champaign, Illinois 61820 Herbert H. Livermore U.S. Nuclear Regulatory Commission RR 3, Box 229A Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C'. 20555 in each case by deposit in the United States Mail, postage prepaid on March 11, 1983.

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fR AVL 1..k.

..) [.R(,W' One of the Attorneys for Applicants Sheldon A. Zabel Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000

$lfTJp UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '83 UAg ;4 All:07 IN THE MATTER OF ) n -

ILLINOIS POWER COMPANY, ) ' ; .j " Et SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. ) Docket No. 50-461 OL

)

(Operating License for Clinton )

Power Station, Unit 1) )

~

NOTICE TO: Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 Jean Foy 511 W. Nevada Urbana, Illinois 61808 3)sc a

O Prairie Alliance Bo;; 2424 Station A Champaign, Illinois 61820 Herbert H. Livermore U.S. Nuclear Regulatory Commission Clinton Nuclear Power Station RR 3, Box 229A Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 PLEASE TAKE NOTICE that I have filed with the Secre-tary of the United States Nuclear Regulatory Commission RESPONSE OF APPLICANTS TO PRAIRIE ALLIANCE'S AFFIDAVIT IN OPPOSITION TO APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OR FOR CONTINUANCE PENDING DISCOVERY in the above-captioned matter.

A copy of this document is attached hereto and hereby served upon you.

( f n .' (Js CM h One of the Attorneys Y6r Applicants Sheldon A. Zabel Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: March 11, 1983