ML20080G730

Reply to Util 830831 Response to W Eddleman 830630 10CFR2.758 Petition.Util Should Have Objected to ASLB Order Setting 830630 Date If Util Considered Petition Untimely. Certificate of Svc Encl

ML20080G730
Person / Time
Site:	Harris
Issue date:	09/15/1983
From:	Eddleman W EDDLEMAN, W.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20080G726	List: ML20080G723 ML20080G730
References
82-468-01-OL, 82-468-1-OL, ISSUANCES-OL, NUDOCS 8309200336
Download: ML20080G730 (2)

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UNITED STATES OF AMERICA 00CKETED SepbEN$er 15, 1983 NUCLEAR REGULATORY COMMISSION ._

se em o. :_ to-. '83 SEP 19 A10:51 BEFORE THE ATOMIC SAFETY AND LICENSING BOWNE 0F SECRt'Twi Glenn O. Bright ~" $$fch '

Dr. James H. Carpenter Jamec L. Kelley, Chairman In the Matter of

) Dockets 50 400 OL CAROLINA POWER AND LIGHT CO. et al. ) 50-401 OL (Shearon Harris Nuclear Power Plant, )

Units 1 and 2) . ) ASLBP No. 82-h68-01

) OL llells Eddleman's Reply to Applicants re Tineliness of 2.758 Detition Applicants allege the 2.758 petition I filed 6-30-83 under the Board's order of 3-10-83 is not tinely. (Augus t 31, 1983 Response to 2.758 Petition at 10-13). If Applicants thought that June 30 was too late, they should have tinely objected to the Board's Order setting that date. Staff raised a tineltness objection 2-2h-83 that the Board considered in Branting the 6-30 83 date. The Boa *d did not unhold that Staff position. The Board has found (e.g. 9-18-83 Order)

(see at 4-5) that -e11ance on Board Ordens is appropriate for showing tineliness. Applicants ' present notion may be untimely; for the above reasons, it should be denied.

I note here that Dr. Reeves is prenaring an affidavit og a_ddressing certain nisreadings of the 6-30-83 filings by Staff and COQ

$o' Applicants. It would be due the 19th as a response to Applicants, and 88 mg yeaterday in resnonse to Staff. Staff counsel has in the vast advised 4 S

@$ ne that he would not object to reasonable extensions of time; I have oo

@@ asked Applicants' view of an extension until 9-26 for this response.

I request the Board to allow Dr. Reeves t a since he has been very busy with other war [.idavit ygy, y ,to

__ ^ be filed 9-26

UNITED STATES OF AMERICA NUCLTAR REGULATORY Co!CGSSION 00CKfTED g5 In ge ,gattrer of CAROLINA POWER k LIGHT CO. Et al. ) Dockets 50-400 r s I?: %edron"Hasis Nuclear Power Plant. Units 1 assi 2rn g OW.tol 0.L.

CEBTIFICATEoF SERVICE I hereby certify th copies of h[ i

$ltNg4 (Qted G d Of*'" ~

(2hn(,T))A 9 s_

w f.FppIo caJhcWuWGwis,/uaess nnw of 2.9 A fefik HAVE beer served th 6 day of 8 6tH N 198d , by deposit in the US W il, first-class postage prepaid, upon all parties whose names are listed below, except those whose names are marked with an asterisk, for whom service was acconplished by Judges James Kelley, Glenn Bright and JaNas Carpenter (1 copy each)

Atomic Safety and Licensing Board US Nuclear Regulatory Commission Washington DC 2o555 George F. Trowbridge (attorney for Applicants)

Shaw, Pittman, Potts & Trowbridge ILuthanne G. Miller 1800 M St. NW ASLB Panel Washington, DC 20036 USNRC Washington DC 255 5 office of the Executive Legal Director phi lo 111sLotchin,Ph.D.

Bridle Run Attn Dockets 50-400A010.L.

USNRC Chanel Hill NC 2751h Washington DC 2o555 Dan Road I Docketing and Service Section[3x) CEMIE/FLP Attn Deckets 50-400/hol 0.L. Box 52h office of the Secretary Chapel Hill NC 27514 .

USNRC Wasuington DC 2o555 Robert eruber, axee. Dir.

t f g 991 Runkle 307 Granville Rd .

Chapel Hill Ne 275114 aradlov w. Jones USNRC Region II Travi s Payne 101 Marietta St.

Edelstein & Fayne Atlanta GA 30303 Mox 12601 Raleigh NC 276o5 Richard Wilson, M.D. Certified by h 729 Hunter St.

Apex NC 27502