ML20072F661

Motion for Leave to Respond to Intervenor 830317 Reply to Licensee Response to ASLB 820914 Order,By 830405.Licensee Entitled to Respond to Specific Issues Raised by Intervenors.Certificate of Svc Encl

ML20072F661
Person / Time
Site:	Byron
Issue date:	03/21/1983
From:	Copeland V CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8303240386
Download: ML20072F661 (5)

Text

,s

' CCCnETEC w-UNITED STATES OF AMERICAa3 2 23 A11 :0()

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

-' 1,, n.

In the Matter of )

)

COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL Byron Nuclear Power Station, )

Units 1 & 2) ) ,

LICENSEE'S MOTION FOR LEAVE TO RESPOND TO INTERVENORS' REPLY Consumers Power Company, (" Licensee") , through its attorneys, hereby moves this Atomic Safety and Licensing Board to enter an order granting Licensee leave to respond to a pleading filed on March 17, 1983 by Intervenors which was captioned "Intervenors Christa-Maria, Jim Mills, and JoAnn Bier Reply to Licensees Response to Board Order of September 14, 1982", ("Intervenors' Reply"). Further, Licensee requests that, if such leave is granted, it be given until April 5, 1983 to file its response.

In support of this Motion, Licensee states:

1. On September 14, 1982, the Licensing Board issued an Initial Decision (the " September 14 Decision")

that ordered Licensee to demonstrate that deficiencies concerning certain emergency planning issues (Christa-Maria Contentions 9(3), 9 (4) , and 9 (5)) have been remedied, are not serious, or are being remedied through adequate interim 9

i 8303240386 830321 PDR ADOCK 05000454 0 PDR

1

]

compensating actions. Licensee duly responded to the September 14 Decision by filing numerous affidavits and pleadings, concluding its response on January 21, 1983. In accordance with the September 14 Decision, Intervenors and Staff were allowed 20 days from the date of filing of Licensee's

. response to comment on the adequacy of Licensee's response.

(At Staff's request, this date was extended to March 31, 1983). On March 17, 1983, Intervenors filed their Reply.

2. The procedure established by the Licensing Board in its September 14 Decision does not provide an opportunity for Licensee to respond to Intervenors' Reply.

Such an opportunity is necessary in this instance. Licensee presented a general and comprehensive showing in response to the September 14 Decision. Intervenors' Reply raises specific issues with regard to Licensee's response. In all equity, Licensee is entitled to an opportunity to respond to the specific issues raised by the Intervenors.

3. Since Licensee seeks to respond Intervenors'

Reply through one or more witnesses, Licensee will require adequate time to prepare their affidavits. Permitting Licensee to file its response on or before April 5, 1983 should provide sufficient time.

- 4. Attorney for Licensee has informed attorneys for Intervenors and NRC Staff of this motion and they have

s s

T l

stated no objection.

i For good cause shown and since no objection has '

been raised by the other parties, Licensee's motion for leave to file a response to Intervenors' Reply should be granted.

Respectfully submitted, Victor G. Copeland One of the attorneys for Consumers Power Company Victor G. Copeland ISHAM, LINCOLN & BEALE Three First National Plaza Chicago, Illinois 60602 (312) 558-7500 s

b

+a g .s-

~:- -M , _ _ _ _ _ _ _ _ . _ .

s t

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL Byron Nuclear Power Station, )

Units 1 & 2) )

l CERTIFICATE OF SERVICE I hereby certify that copies of Licensee's Motion For Leave To Respond to Intervenors' Reply was served on the persons listed below by deposit in the United States mail, first-class postage prepaid or by other means where noted, this 21st day sf March 1983.

Peter Bloch, Esquire

• Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Oscar H. Paris

• Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1

l l

Mr. Frederick J. Shon*  !

Administrative Judge Atomic Safety and Licensing Board Panel U,5. Nuclear Regulatory Commission 1 Washington, D.C. 20555 1 1

i

• via Federal Express l

l l

I O l __ _ _ . _ . _ _ _ _ _ _ ,_ _. _ _ . _ _ _ _ . _ . - . . . _ _ . _ -

6 Atomic Safety And Licensing Atomic Safety and Licensing Board Panel Appeal Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Richard J. Goddard, Esquire Office of the Secretary Counsel for NRC Staff U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Richard G. Bachmann, Esquire Judd Bacon, Esquire Counsel for NRC Staff Consumers Power Company U.S. Nuclear Regulatory 212 West Michigan Avenue Commission Jackson, Michigan 49201 Washington, D.C. 20555 Herbert Semmel, Esquire Ms. Christa-Maria Urban Law Institute Route 2, Box 108C Antioch School of Law Charlevoix, Michigan 49720 2633 16th Street, N.W.

Washington, D.C. 20555 Mr. John O'Neill, II Mr. Jim Mills Route 2, Box 44 Route 2, Box 108 Maple City, Michigan 49664 Charlevoix, Michigan 49720 Ms. JoAnne Bier 204 Clinton Charlevoix, Michigan 49720 UC b f Victor G. C6'p eland L t