ML20071P364
| ML20071P364 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 08/01/1994 |
| From: | Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#394-15514 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9408090280 | |
| Download: ML20071P364 (6) | |
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lLE!i/pS DOCKETED AuguN'@,C 1994 t
'94 AUG -2 P4 :12 l
UNITED STATES OF AMERICA 0FFICE W SLCEEU,RY NUCLEAR REGULATORY COMMISSION 00CKE!H::: n 'i:R' ACE ATOMIC SAFETY AND LICENSING BOARD
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Before Administrative Judges:
j Peter B. Bloch, Chair Dr. James H. Carpenter l
Thomas D. Murphy j
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In the Matter of
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Docket Nos. 50-424-OLA-3 i
GEORGIA POWER COMPANY
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50-425-OLA-3 i
21 alm,
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Re: License Amendment i
(Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
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ASLBP No. 93-671-01-OLA-3 INTERVENOR'S MOTION FOR CONTINUANCE TO FILE A BRIEF IN RESPONSE TO THE BOARD'S MEMORANDUM AND ORDER OF JULY 28, 1994 (MOTION TO ACCEPT ADDITIONAL FACTUAL BASIS) f 1
On July 28, 1994 the Board issued Memorandum and Order LBP-f 94 22 concerning Intervenor's request to admit a new factual basis related to an admitted contention.
Therein the Board requested Intervenor to file a combined reply to GPC's,and j
i Staff's responses to extensive and carefully documented' answers.
l The Board requested that the brief be filed by August 6, 1994.
f Intervenor respectfully requests an extension of time in '
which to file a response.
This extension is based on the following factors:
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1)
Intervenor is under an obligation to file notices of deposition of NRC witnesses on August 1, 1994.
In addition, l
Intervenor is filing additional motions to compel concerning NRC l
Staff responses and is drafting additional motions to compel with respect to responses to discovery filed by GPC last Friday (which were received today by Intervenor's counsel).
Filing these briefs will preclude Intervenor from filing a brief in the time requested by the Board; 2)
Depositions are scheduled to commence on August 3, 1994 through August 5, 1994.
These depositions will commence in Atlanta, Georgia and Birmingham, Alabama respectively.
Travel to and from and preparing for these depositions will preclude Intervenor from filing a brief in the time requested by the Board; 3)
Intervenor's counsel is under an obligation to file a detailed response to GPC' proposed schedule.
Filing a response to this proposed schedule will further hinder Intervenor's ability to file a response in the time requested by the Board; 4)
Intervenor is in the mid-west portion of the country and is not readily accessible to his counsel' nor is he prepared to respond to technical arguments concerning interpretation and operation of plant Tech. Specs (Intervenor's vacation was r
scheduled before the Board issued LBP-94-22 and his counsel did not foresee that a response would be requested by the Board).
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5)
The first point in time were Intervenor and his counsel can adequately devote time to file a response would be immediately following the conclusion of Intervenor's deposition on August 24, 1994.
6)
NRC Staff counsel, Mitzi Yo.mg, Esq., indicated that she does not believe Staff will oppose a continuance of five working days from the completion of Intervenor's deposition, but was unable to consent to a continuance as of the time Intervenor's counsel filed the instant motion.
t 7)
GPC's Counsel, Ernest Blake, Esq., stated that GPC is opposed to any continuance.
WHEREFORE, Intervenor, through counsel, respectfully i
requests that he be granted five working days from the completion l
of Intervenor's deposition (i.e.,
August 31, 1994) to file a combined reply to GPC's and NRC Staff's briefs.
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Respectfully submitted, f'
./
Michael D.
Kohn Mary Jane Wilmoth KOHN, KOHN AND COLAPINTO 517 Florida Avenue, N.W.
Washington, D.C.
20001-1850 (202) 234-4663 Attorneys for Intervenor Dated:
August 1, 1994 301\\ continua 3
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1 DOCKETED UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
'94 AUG -2 P4 :12
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In the Matter of
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Docket Nos. 50-4Qf[0[Ekf).
1 GEORGIA POWER COMPANY
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50 -DEI O S '}H '
sh et al.,
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Re: License Amendment (Vogtle Electric Generating
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(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
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ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE i
I hereby certify that Intervenor's Motion for Continuance to File a Brief in Response to the Board's Memorandum and Order of July 28, 1994 (Motion To Accept Additional Factual Basis) has been served this 1st day of August 1994, by first class mail upon the persons listed in the attached Service List, except that it was filed by facsimile as indicated by "*".
By:
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$ 5)"0!lYYUid 5 &
Mary Jin6 Wilmoth KOHN,'KOHN & COLAPINTO, P.C.
517 Florida Ave.,
N.W.
1 Washington, D.C.
20001 (202) 234-4663 i
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Docket Nos. 50-424-CLA-3 GEORGIA POWER COMPANY
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5 0 -4 2 5 -OLA-3 g al.,
)
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Re: License Amendment
- Vogtle Electric Generating
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(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 SERVICE LIST
- Administrative Judge Peter B.
Bloch, Chair Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Administrative Judge James H.
Carpenter 933 Green Point Drive Oyster Point Sunset Beach, NC 28468 Administrative Judge Thomas D. Murphy Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Mitzi Young, Esq.
Charles A.
Barth, Esq.
Office of General Counsel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- John Lamberski, Esq.
Troutman Sanders Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216 2
-m Ernest L.
Blake, Jr.
David R. Lewis SHAW, PITTMAN, POTTS &
i TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 J
office of the Secretary Attn: Docketing and Service U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 office of Commission Appellate Adjudication U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 i
301\\ cert.lis I
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