ML20076N035
| ML20076N035 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 07/18/1983 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8307210179 | |
| Download: ML20076N035 (2) | |
Text
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HELATED COnitESPONDEN(',3 l
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L 3 July 83 c 4' s UNITED STATES OF AMERICA he..g NUCLEAR REGULATORY COMNISSION
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1 Before the' Atomic Safety and Licensing Boar -,
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In.the. Matter of
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- CLEVELAND ELECTRIC' ILLUMINATING
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Docket tios. 50-44'0'/
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50-441 4 #
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(Operating License) q (Perry Nuclear Power Plant,
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Units 1 and 2)
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' OCRE ANSWER.TO APPLICANTS' MOTION FOR LEAVE TO FILE AN
' ANSWER TO OCRE'S AMENDED RESPONSE TO NRC, STAFF'S MOTION FOR
SUMMARY
' DISPOSITION OF ISSUE #13 On July 14, 1983, Applicants filed a motion for leave to file an answer to OCRE's amended response to the NRC Staff's motion,for summary disposition of. Issue #13.
j Pursuant to 10 CFR 2.730 (c), intervenor Ohio Citizens for Responsible Energy (." OC RE " ) files this response opposing their motion.
Contrary to Applicants' assertion, OCRE's amended response was exactly that: an amended response to the Staff's summary 2
r disposition motion, and not a motion for a continuance.
As such, the prohibition on further responses in 10 CFR 2.749 (a) applies.
Applicants' filing is thus impermissible.
Applicants also quote a passage from the Licensing Board's Octob.er 6, 1982 Memorandum and Order (Concerning Procedures COE for Late-Filed Contentions) ~ suggesting that tliey have a right EE O@
to respond when an.intervenor introduces new material.
It is Lin oO crucial to note that the section quoted pertained to the
-Q 00 Board's special procedures for responding to late-filed con-tv <
i Sm tentions, and not summary disposition motions.
The Com-No mission's regulations allow no further. replies to a response MO3
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g of.a party opposing summary' disposition.
'It would further be improper.to allow reply briefs ad infinitum, as appears to be'I the case with this issue.
~ Finally, Applicants' motion was improperly filed since.,
- 4 the answer which.the motion sought. permission to file was attached.
In Public Service'Co. of Oklahoma (Black Fox Station, Units.1 and 2),-LBP-76-38, 4-NRC 435, 441 (1976)
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it was held that if a motion for leave to file an otherwise
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unauthori zed reply is filed, the reply should not be attached.
For the foregoing reasons, Applicants' motion must be denie d.-
e Respectfully submitted, Susan L. Hiatt OCRE Representative-8275 Munson Rd.
Mentor, OH 44060 (216) 255-3158 i
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing'have beenservedbydeposigintheU.S. Mail,postageprepaid, first class, this /d day of July 1983 to.the Service List.
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m Susan L. Hiatt O
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