ML20080J621
| ML20080J621 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/10/1984 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8402150144 | |
| Download: ML20080J621 (4) | |
Text
s vow E0 UNITED STATES OF AMERICA
/10/84 NUCLEAR REGULATORY COMMISSION 84 FEB 14 NO:00 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of IOCNi C
APPLICATION OF TEXAS UTILITIES I
Docket Nos. 50-445 I
GENERATING COMPANY, ET AL. FOR and 50-446 AN OPERATING LICENSE FOR I
COMANCHE PEAK STEAM ELECTRIC I
STATION UNITS #1 AND #2 I
(CPSES) f CASE'S MOTION FOR EXTENSION OF TIME TO ANSWER APPLICANTS' PLAN TO RESPOND TO MEMORANDUM AND ORDER (QUALITY ASSURANCE FOR DESIGN)
On 2/3/84, Applicants filed their Plan to Respond to Memorandum and Order (Quality Assurance for Design). As stated in footnote 1 of that pleading, "On January 25, 1984, the Board Chairman granted Applicants' request for an additional week (to February 3, 1984) to file this Plan." Applicants made their request without prior consultation or discussion with Intervenor CASE.
The Board granted Applicants' motion.
Had the original schedule applied, CASE would have had to respond to Applicants' Plan by February 16.
However, since Applicants received an addi-tional week's delay, the date CASE would have to respond is now February 23.
.As the Board is aware, this is during scheduled hearings in these proceedings February 20-24, which effectively robs CASE of almost a working week of response preparation time. CASE therefore moves that the Board grant CASE an additional week in which to respond to Applicants' pleading.
Further, since CASE did not receive Applicants' pleading until Monday, 2/6/84, we ask that the Board extend the response time to 3/5/84, to recognize the three-day loss due to mailing; this would place the time for CASE to answer Applicants' pleading at March 5,1984.
i 1
8402150144 840210 PDR ADOCK 05000445 POR O
CASE further moves that the Board in the future, rather than setting dates to be dependent upon a certain number of days from the time of the filing of a pleading, be set by a date certain to avoid confusion and late filing such as has occurred recently. This has just occurred in regards to a very important pleading, the prefilec' direct testimony of Applicants' and NRC Staff's witnesses for the February 20-24 hearings.
CASE worked diligently, under very adverse health conditions, to prepare and file our witriesses' testimony as instructed by the Board in its.12/28/83 Memorandum and Order (Scheduling Matters):
" Parties shall file written direct testimony so that it is received by the other parties and the Board no later than 12 days prior to the scheduled commencement of the hearing session at which the testimony will be presented." (Emphases added.)
CASE filed its testimony for the February 20 hearings so that it would be received on February 8, twelve days prior to the start cf hearings, as the Board instructed. However, the Applicants and NRC Staff did not mail their testimony until February 8, which meant that CASE did not receive their testimony until February 9, one day late. The unfairness of this is obvious:
This would have allowed both ' Applicants and NRC Staff to have an additional day which CASE did not have in which to prepare'. testimony. And this extra day would have allowed Applicants and Staff to respond to points in CASE's pleading to which they should not have had access until their testimony was already mailed. CASE therefore believes it is necessary that the Board
-e,.
clarify to the parties prior td"de'adlines the specific, date on which pleadings are to be mailed by overnight delivery.
Respectfully submitted, U)h4 prs.) Juanita Ellis, President
=
CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of l
APPLICA[ ION OF TEXAS UTILITIES GENERATING COMPANY ET~ AL. FOR l
Docket Nos. 50-445 AN OPERATING LICENSE FOR l
and 50-446
. COMANCHE PEAK STEAM ELECTRIC l-STATION UNITS #1 AND #2 (CPSES) l
' CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct cooies of CASE's PARTIAL ANSWER TO APPLICANTS' PL AN TO RESPOND TO MB0MNDUM AND ORDER (QUALITY ASSURANCE FOR DESIGN) and CASE'S MOTION FOR EXTENSION OF TIME TO AN5WER APPLICANib' PLAN lU KtdVUNU IV MLMUKANUUM bHO URUER (ydAi.iIY A33dRANC[
FOR DESIGN) have been sent to the names listed below this 10th day of February
, 198 4 by: Express Mail where indicated by
- and First Class Mail elsewnere.
- Administrative Judge Peter B. Bloch Alan S. Rosenthal, Esq., Chairman U. S. Nuclear Regulatory Comission Atomic Safety and Licensing Appeal Board 4350 East / West Highway, 4th Floor U. S. Nuclear Regulatory Comission Bethesda, Maryland 2081.4 Washington, D. C.
20555
- Dr. Kenneth A. McCollom, Dean Dr. W. Reed Johnson, Member Division of Engineering, Atomic Safety and Licensing Appeal Board Architecture and -Technology U. S. ~ Nuclear Regulatory Cominission Oklahoma State University Washington, D. C.
20555 Stillwater, Oklahoma 74074 Thomas S. Moore, Esq., Member
- Dr. Walter H. Jordan Atomic Safety and Licensing Appeal Board 881 W. Outer Drive U. S. Nuclear Regulatory Comission Oak Ridge, Tennessee 37830 Washington, D. C.
20555 a
- Nicholas S. Reynolds, 'Esq.
Atomic Safety and Licensing Appeal Panal Debevoise & Libennan U. S. Nuclear Regulatory Comission 1200 - 17th St., N. W.
Washington, D. C.
20555 Washington, D. C.
20036
- Geary S. Mizuno, Esq..
Docketing and Service Section (3 copies)
~
Office of the ' Secretary Office of Executive Legal Director, USNRC U. S. Nuclear Regulatory Comission Maryland National B~ank Building Washington, D. C.
20555 7735 Old Georgetown -Road - Room 10105 Bethesda, Maryland 20814 Atomic Safety. and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.
20555 L.......-.......
Certificate of Service Page 2 David J. Preister, Esq.
Assistant Attorney General Enviromental Protection Division ~
Supreme Court Building.
Austin, Texas 78711 John Collins Regional Administrator, Region IV U. S. Nuclear' Regulatory Comission 611 Ryan Plaza Dr., Suite 1000 Arlington, Texas 76011 Dr. David H. Boltz 2012 S. Polk Dallas, Texas 75224 Lanny A. Sinkin 114 W. 7th, Suite 220 Austin, Texas 78701 R. J. Gary, Executive Vice President Texas Utilities Generating Co.
2001 Bryan Tower Dallas, Texas 75201 4
bwA NC
()fgr.) Juanita Ellis, President
~
OKSE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 I
214/946-9446
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