ML20072A605
| ML20072A605 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 06/08/1983 |
| From: | Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20072A597 | List: |
| References | |
| NUDOCS 8306100199 | |
| Download: ML20072A605 (5) | |
Text
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q, 00..LKETED wer UNITED STATES OF AMERICA M -9 P2 :03 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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DUKE POWER COMPANY, et al.
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Docket Nos. 50-413
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50-414 (Catawba Nuclear Station,
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Units 1 and 2)
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APPLICANTS' MOTION FOR AN EXTENSION OF.THE TIME WITHIN WHICH TO FILE MOTIONS FOR SdMMARY DISPOSITION In its Memorandum and Order of February 2,
- 1983, (p. 11) this Board established June 20, 1983 as the date on which the parties are to file Motions for Summary Disposition on Contentions 6, 7, 8,
16, 27 and 44; DES Contentions 17 and 19; CMEC 1-4.
This schedule was pre-mised upon a close of discovery on May 20, 1983.
- However, due to a variety of factors Palmetto Alliance was permitted to make discovery for a period of time thereafter. 1/
In light of this fact, Applicants' move that the time within which to file motions for summary disposition be extended until July 1, 1983.
Further, with respect to Contentions 6, 7, 8, 16 and 44, Applicants have moved for sanctions, l
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Palmetto Alliance filed Further Supplementary Responses
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on May 27, 1983; it filed Responses to Applicants May 23, 1983 Follow-up Interrogatories on DES Contentions 11, 17 and 19 on June 6, 1983.
8306100199 830608 PDR ADOCK 05000413 Q
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. including dismissal. 2/
See Applicants Motion for Sanctions dated June 6, 1983.
Applicants suggest that, given the pro-spect that the Board may dismiss or narrow all or some of the challenged contentions, it would be counterproductive to prepare and file motions for summary disposition until after the Board has ruled on the Motions for Sanctions.
Applicants suggest that any motions for summary disposition be filed within 20 days of the Board's ruling on the out-standing Motions for Sanctions.
For the above stated reasons Applicants move that the Board's schedule for filing motions for summary disposition on Contentions 6, 7, 16, 18, 27 and 44 and DES Contentions
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On June 3, 1983, the Staff moved for sanctions regard-ing Contentions 7 and 44.
The sanction sought was dis-missal of the contentions.
Fj t
. 17 and 19'be modified as follows:
1.
Motions for summary dis-July 1, 1983 position on Contention 27, DES Contentions 17 and 19.
2.
Motions for summary dis-20 days after position on Contentions Board ruling on 6,
7, 8, 16 and 44.
Applicants' and Staff's Motions for Sanctions.
Respectfully submitted,
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Q./f l [/ M w 1
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J. Michael McGarry, III Anne W.
Cottingham DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9833 Albert V. Carr, Jr.
Ronald L. Gibson DUKE POWER COMPANY P.O.
Box 33189 Charlotte, North Carolina 28242 (704) 373-2570 Attorneys for DUKE POWER COMPANY, et al.
June 8, 1983 I
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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et al.
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Docket Nos. 50-413 DUKE POWER COMPANY, -- --
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50-414 (Catawba Nuclear Station,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Supplemental Response To Interrogatory 17 On Contention 7,"
and " Applicants' Motion For An Extension Of The Time Within Which To File Motions For Summary Disposition" in the above captioned matter have been served upon the following by deposit in the United States mail this 8th day of June, 1983.
James L.
Kelley, Chairman George E.
Johnson, Esq.
Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr.
A.
Dixon Callihan Albert V.
- Carr, Jr.,
Esq.
Union Carbide Corporation Duke Power Company P.O.
Box Y P.O.
Box 33189 Oak Ridge, Tennessee 37830 Charlotte, North Carolina 28242 Dr. Richard F.
Foster Richard P.
Wilson, Esq.
P.O.
Box 4263 Assistant Attorney General Sunriver, Oregon 97702 State of South Carolina P.O.
Box 11549 Chairman Columbia, South Carolina 29211 i
Atomic Safety and Licensing Board Panel Robert Guild, Esq.
U.S.
Nuclear Regulatory Attorney-at-Law Commission P.O.
Box 12097 Washington, D.C.
20555 Charleston, South Carolina 29412 l
l Chairman Palmetto Alliance Atomic Safety and Licensing 2135 1/2 Devine Street Appeal Board Columbia, South Carolina 29205 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 l
Jesse L.
Riley
- Scott Stucky 854 Henley Place Docketing and Service Section Charlotte, North Carolina 28207 U.S.
Nuclear Regulatory Commission Henry A.
Presler Washington, D.C.
20555 Charlotte-Mecklenburg Environmental Coalition 943 Henley Place Charlotte, North Carolina 28207 Carole F. Kagan, Attorney Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
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j3. Michael McGarry, IfI l
Designates those delivered by hand.
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