ML20080A304
| ML20080A304 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 10/24/1994 |
| From: | Kohn M, Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#494-15850 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9411010015 | |
| Download: ML20080A304 (4) | |
Text
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11 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION dh
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D ATOMIC SAFETY AND LICENSING BOARD p40 Ogz 25 69N Before Administrative Judges:
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Peter B.
Bloch, Chair
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C" Dr. James H.
Thomas D. Murphy C>
O In the Matter of
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Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY
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50-425-OLA-3 el al.,
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Re: License Amendment (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 TO STRIKE GEORGIA POWER'S MOTION FOR LEAVE TO FILE A REPLY TO INTERVENOR'S RESPONSE TO GEORGIA POWER'S MOTION FOR
SUMMARY
DISPOSITION OR IN THE ALTERNATIVE LEAVE TO REPLY COMES NOW, Intervenor, Allen L. Mosbaugh, through counsel, and moves this Honorable Board, pursuant to 10 C.F.R.
S2.749(a),
to strike Georgia Power Company's Motion for leave to File a Reply to Intervenor's Response to Georgia Power's Motion for Summary Disposition dated October 14, 1994
(" Georgia Power's Motion for Leave") and the attached document entitled Georgia Power's Reply to Intervenor's Response to Georgia Power's Motion for Summary Disposition
(" Georgia Power's Reply").
Intervenor makes this request for the reasons set out below.
I.
Introduction On August 24, 1994 Georgia Power filed its Motion for Summary Disposition.
On October 3, 1994 NRC Staff filed its response in support of Georgia Power's motion and Intervenor filed his response in opposition to Georgia Power's motion.
On 9411010015 941024 l
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g October 14, 1994, without leave of the Board, Georgia Power's Motion for Leave was filed together with Georgia Power's Reply.
A second document, entitled Georgia Power Company's Motion to Strike Intervenor's Response to Georgia Power's Motion for Summary Disposition
(" Motion to Strike") was also filed.
II.
Discussion According to the governing regulation, 10 C.F.R. 52.749(a),
the Board may not entertain GPC's motion.
This regulation permits responses opposing or supporting a motion for summary disposition to be filed by an opposing party and an additional ten (10) days for the opposing party to respond to "new facts and arguments presented in any statement filed in support of the motion."
However, the regulation specifically states that " [nl o further supporting statements or responses thereto may be entertained." 10 C.F.R. 52.749 (a) (emphasis added)
Licensee's response should therefore be stricken.2 III. Conclusion For the forgoing reasons Intervenor respectfully requests thisNonorableBoardtostrikeGeorgiaPowerCompany'sMotionfor leave to File a Reply to Intervenor's Response to Georgia Power's Motion for Summary Disposition and the attached Reply.
Alternatively, to the extent the Board allows Georgia Power's It should be noted that Licensee has circumvented this requirement by disguising a reply brief in the form of a motion to strike.
This motion is without merit and its filing allowed Licensee to improperly circumvent the requirements of S2.749.
Intervenor will file a reply to the Motion to Strike on or before October 26, 1994 which will expose the farcical nature of this purported motion to strike.
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- Reply to be accepted for filing or should the Board have reviewed the content of Georgia Power's Reply, Intervenor requests 10 working days from its acceptance into the record to file a reply.
Respectfully submitted, U
Michael D.
Kohn Mary Jane Wilmoth Kohn, Kohn and Colapinto, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 Attorneys for Intervenor Dated: October 24, 1994
============================================_========
CERTIFICATE OF SERVICE I hereby certify that Intervenor's Motion to Strike Georgia Power's Motion For Leave to File A Reply to Intervenor's Response to Georgia Power's Motion for Summary Disposition or in the Alternative Leave to Reply was served via facsimile (or via first class mail, where indicated by an asterisk
"*"),
on October 24, 1994 upon the persons listed in the attached Service List.
By:
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In the Matter of
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Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY
)
50-425-OLA-3 et al.,
)
)
Re: License Amendment (Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Planc, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge (Administrative Judge Peter B.
Bloch, Chair James H.
Carpenter Atomic Safety and Licensing Board 933 Green Point Drive U.S.
Nuclear Regulatory Commission Oyster Point Washington, D.C.
20555 Sunset Beach, NC 28468 Administrative Judge Charles A.
Barth, Esq.
Thomas D.
Murphy Office of General Counsel Atomic Safety and Licensing Board U.S.
N.R.C U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 John Lamberski, Esq.
Ernest L.
Blake, Jr.
Troutman Sanders David R.
Lewis Suite 5200 SHAW, PITTMAN, POTTS &
i 600 Peachtree Street, N.E.
TROWBRIDGE Atlanta, GA 20308-2216 2300 N Street, N.W.
Washington, D.C.
20037 I
+ Office of the Secretary Attn: Docketing and Service U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Ccaso %d hD)
- Office of Commission Appellate Adjudication U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 301\\ cert.lis
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