ML20080L146

Motion for Extension of Time for Filing Partial Proposed Findings from 840222 to 840307.Consolidation Will Obviate Need for cross-referencing.Certificate of Svc Encl

ML20080L146
Person / Time
Site:	Catawba
Issue date:	02/14/1984
From:	Guild R PALMETTO ALLIANCE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8402160260
Download: ML20080L146 (6)

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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD'd c- 15 A11 :45

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DUKE POWER COMPANY, et al.

) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units l' and 2) )

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FALMETTO MOTION FOR AN EXTENSION OF TIME Pursuant to 10 CFR 2.717, Palmetto Alliance bereby requests an' extension of time of the February 22 deadline for filing partial proposed findings, so that Palmetto may serve all of its proposed findings on the currently-scheduled final deadline, March 7, 1984.

It is clear that Palmetto has heavy responsibilities in filing its proposed findings. The Commission's Rules of Practice make it clear.that failure to file proposed findings on the schedule set out by the Board may be considered a default. 10 CFR 2.754(b), 2.707.

Moreover, as noted by the Licensing Board in its December 30, 1983 Order, fit is the responsibility of the intervenors not only to propose findings based upon its own case, but also to respond to the proposed

findings.'offthe Applicants. Applicants have filed a mammoth 647-page document that on Contention.6 alone has 565 separately numbered pro-posed findings. Indeed, the Applicants themselves, in footnote 2 of their filing . acknowledge the lengthiness of their document. Moreover, the - Applicants' filing is riddled with false statements and specious

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-2 Intervenor Palmetto des' ires, and fully intends, to address each and every one of the many _ issues under consideration in this case.

However, merely.to reply to the Applicants' proposed findings is a massive job in and of itself. In addition to that, however, the Intervenors have a very substantial case of their own which must be addressed in their proposed findings. It will assist the Board in its consideration of the -issues if PalmeLeo is able to thoroughly fulfill this responsibility. As noted in the attached Certificates, this motion is_not made for the purposes of delay.

The consolidation of Palmetto's filings will also have the salutary effect of eliminating the extraneous issue of whether Pal-metro accurately decided which topics to include in each partial filing, and will avoid the need for cross-referencing, a needless confusion. Perhaps to avoid the same problems, Applicant has apparently filed all of its proposed findings at once. Since the Applicants

~already.are guaranteed an opportunity to respond to Palmetto's filing.

of March. 7, consolidating Palmetto's findings would not prejudice the Applicant..

In addition, Palmetto believes that the consolidation of filings  ?

would facilitate the work of the Board, by presenting a more organized

- and. unified exposition of Palmetto 's findings . Moreover, it is in-creasingly likely that the pressure identified by the Board to issue a decision in. this. matter will be substantially eased by the Staff's recent commitment to resolve the looming dilemma of Transamerica-

< Delaval- emergency diesel generators prior to licensing any of the ,

twelve plants, including Catawba, which have such diesel generators.

Accordingly, Intervenors move for an extension of time so that

e all of its proposed findings are due on March 7, 1984.

espe efully submitted, 1,

ROMERT GU 4I , ESQ.

P.O. Box 1M 97 Chcrieston, SC 29412 JOHN CLEWETT, ESQ.

236 Tenth St. S.E.

Washington, D.C. 20003 COUNSEL FOR PALMETTO ALLIANCE DATED: February 14, 1984.

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UNITED STATES OF AMERICA --' " " ~.-T' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '64 .- i5 All :45 cm: _  ; .- ,

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In the Matter of ) BRANCH _

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DUKE POWER COMPANY, et al. ) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Statien, )

Unit 1 and 2) )

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CERTIFICATE I, Robert Guild, Esq., do hereby certify that I am counsel for Intervenor in this proceeding, that I have examined the Applicants' proposed findings of fact, served February 9, 1984, that I believe that there exist numerous material issues of fact and law that must be addressed in Palmetto Alliance's proposed findings of fact, and that in my professional opinion, such matters cannot be adequately addressed in the absence of t

an extension of time. I further certify that the accompanying PALMETTO MOTION FOR AN EXTENSION OF 11ME is not submitted for the purposes of delay.

R03'ERT GUILD,YSQ.

DATED: February 14, 1984 o

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UNITED STATES OF AMERICA , '> : C NUCLEAR REGULATORY COMMISSION I

BEFORE THE ATOMIC SAFETY AND LICENSING QO,ARD s o All :46 NcOri,.}byfjj-BRANCH In the Matter of )

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DUKE POWER COMPANY, et al. ) DOCKET NO:

50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify that I have this 14th day of February 1984, served copies of Palmetto Alliance Motion for Extension of Time upon the following by deposit in the United States Mail, except those persons indicated by * , who have been served by personal delivery.

W-James L. Kelley, Chairman Chairman Atomic _ Safety and Licensing Board Atomic Safety and Licensing U.S. N.R.C. Board Panel Washington, D.C. 20555 U.S.'N.R.C.

Washington, D.C. 20555 Dr.-Paul'W. Purdom, Member '

Atomic Safety and Licensing Board 235 Columbia Dr. Chairman Decatur, Georgia 30030- Atomic Safety and Licensing Appeal Board Panel U.S. N.R.C.

Dr. Richard F. Foster, Mem ber Washington, D.C. 20555

' Atomic Safety and Licensing Board

_Fost Office Box 4263 Sunriver, Oregon 97702

% George E. Johnson Office of the Executive Albert V. Carr , J r. , Esq. Legal Director Duke Power Company U.S. N.R.C.

Post Office Bo.x 33189 Washington, D.C. 20555 Charlotte, North Carolina 28242

Richard P. Wilson, Esq. ( J. Michael McGarry, III, Esq.

Assistant Attorney General Debevoise and Liberman State of South Carolina 1200 - 17th Street, Northwest Post Office Box 11549 Washington, D.C. 20036 Columbia, South Carolina 29211 Karen E. Long Scott.Stucky Assistant Attorney General Docketing and Service Section North Carolina Department of Justice U.S. N.R.C. Post Office Box 629 Washington, D.C. 20555 Raleigh, North Carolina 27602 Don R. Willard Martin G. Malsch Mecklenburg County Department Deputy General Counscl and

.of Environmental Health Acting General Counsel 1200 Blythe Boulevard U.S. N.R.C.

Charlotte, Morth Carolina Washington, D.C. 20555 29211 2sse L. Riley 854 Henley Place Charlotte, NC 28*07 s

Q Robert Guild

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