ML20077J057
| ML20077J057 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 08/08/1983 |
| From: | Bischoff C JOINT APPLICANTS - PALO VERDE, SNELL & WILMER |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8308120214 | |
| Download: ML20077J057 (5) | |
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00CMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION T3 A!.E 11 A10:45 BEFORE THE ATOMIC SAFETY AND LICENSING APREAL, BOARD.
00CK5TinuiSDl?:
BRANCii In the Matter of
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Docket Nos. STN 50-529 ARIZONA PUBLIC SERVICE
)
STN 50-530 COMPANY, et al.
)
)
(Palo Verde Nuclear
)
Generating Station,
)
Units 2 and 3)
)
)
JOINT APPLICANTS' MOTION FOR EXEMPTION FROM PAGE LIMITATION OF 10 CPR S2.788(d)
On July 22, 1983, West Valley Agricultural Protection Council, Inc.
(" West Valley") filed with the Appeal Board a motion
(" Motion") seeking a stay of the Licensing Board's deci-sion permitting the hearing in this matter to proceed.
In its Motion and accompanying memorandum (" Memorandum"), West Valley requests the Appeal Board (1) to declare the Final Environmental Statement ("FES") prepared by the NRC Staff invalid and (2) to stay any hearing in the proceeding until (a) the Licensing Board refers its July ll, 1983, Memorandum and Order to the Appeal Board and (b) the Staff prepares a supplement to the FES.
Motion at 3; Memorandum at 11.
Joint Applicants 1/ are sdomitting together herewith an 1/
The Joint Applicants in this operating license proceeding are Arizona Public Service Company, Salt River Project Agri-cultural Improvement and Power District, Southern California i
Edison Company, El Paso Electric Company, Public Service Company of New Mexico and Southern California Public Power Authority.
B308120214 830908 i
PDR ADOCK 05000539
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o answer to West Valley's Motion as authorized by 10 CFR S2.788(d).
That section provMes that an answer to an application for stay shall be no longer than ten (10) pages.
Joint Applicants' answer to the Motion is sixteen (16) pages in length.
Joint Applicants submit that the length of their answer should be per-mitted under the circumstances because West Valley's Motion and Memorandum seek more than just a stay.
West Valley has also requested the Appeal Board to declare the FES invalid.
Additional space is required in order to set forth the pertinent facts and argument as to why West Valley's request regarding the FES is impermissible and should be denied.
The Appeal Board is urged to take notice that the combined length of West Valley's Motion and Memorandum is four-teen (14) pages, which exceeds the ten (10) page limit applicable to an application for a stay as set forth in 10 CFR S2.788 (b).
West Valley, however, made no request for an exemption from the page limitation specified by the Commission.
WHEREFORE, Joint Applicants respectfully request the Appeal Board to grant an exemption from the requirements of 10 CFR S2.788(d) and accept for filing " Joint Applicants' Answer l
to West Valley's Motion Seeking Stay of Decision," dated August 1
I 8,
1983, and submitted concurrently herewith.
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1 RESPECTFULLY SUBMITTED this 8th day of August, 1983.
i SNELL & WILMER By Arthur C. Gehr /
Warren E.
Platt Charles A. Bischoff Vaughn A.
Crawford 3100 Valley Bank Center Phoenix, Arizona 85073 Attorneys for Joint Applicants l
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UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY ANT LICENSING APPEAL BOARD In the Matter of
)
)
ARIZONA PUBLIC SERVICE
)
docket Nos. STN 50-529 COMPANY, et al.
)
STN 50-530
)
(Palo Verde Nuclear
)
i Generating Station,
)
Units 2 and 3)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Joint Applicants' Motion for Exemption from Page Limitation of 10 CFR S2.788(d)"
have been served upon the following listed persons by deposit in the United States mail, properly addressed and with postage prepaid, this 8th day of August, 1983.
Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Chairman, Maricopa County Board of Supervisors 4
i 111 South Third Avenue l
Phoenix, AZ 85004 I
Atomic Safety and Licensing Appeal Board Panel j
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 i
q, j)
Alan S.
Rosenthal, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Howard A. Wilber Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Robert M. Lazo, Esq.
Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Dixon Callihan Union Carbide Corporation P.
O.
Box Y Oak Ridge, TN 37830 Lee Scott Dewey, Esq.
Office of the Executive Legal Director U._ S. Nuclear Regulatory Cammission Washington, D.C.
20555 Edwin J. Reis, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Lynne Bernabei, Esq.
Government Accountability Project Institute for Policy Studies 1901 Q Street, N.W.
Washington, D.C.
20009 Kenneth Berlin, Esq.
Suite 550 2550 M Street, N.W.
l Washington, D.C.
20037 l
Charles A. Bischoffp7
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