ML20080P077

Motion for Extension to File Appeal Until 10 Days After Svc of ASLB Decision on Miami Valley Power Project Petition for Reconsideration.Certificate of Svc Encl

ML20080P077
Person / Time
Site:	Zimmer
Issue date:	10/03/1983
From:	Devine T GOVERNMENT ACCOUNTABILITY PROJECT, MIAMI VALLEY POWER PROJECT
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20080P018	List: ML20080P014 ML20080P029 ML20080P048 ML20080P067 ML20080P077
References
NUDOCS 8310060266
Download: ML20080P077 (4)

Text

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6 UNITED STATES OF AMERICA  !.

NUCLEAR REGULATORY COMMISSION l I

BEFORE THE ATOf1IC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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THE CINCINNATI GAS AND ELECTRIC )

COMPANY, et. al. ) Docket No. 50-358 ,'

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(Wm. H. Zimmer Nuclear Power ) October 3, 198.3 Station, Unit No. 1) )

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MVPP's MOTION FOR EXTENSION OF TIME TO APPEAL PENDING RESOLUTION OF MVPP PETITION FOR RECONSIDERATION On June 3, 1983, the Miard Valley Power Project (MVPP) filed with the Atomic Safety and Licensing Board a motion to reopen the record and to admit eight contentions concerning quality assurance at the Zimmer nuclear power plant.

On September 16, 1983, after receiving responses from Applicants and staff, and a reply brief from MVPP, the Board issued an Order denying MVPP's motion.

The normal deadline for filing an appeal to this ruling is October 3, 1983. (The Order, although dated September 15, 1983, was served, by first-class mail, on September 16, 1983. Adding five days for service by mail, pursuant to 10 CFR S 2. 710, and the ten days contemplated by 10 CFR S 2.714(a), the first day which is neither a Saturday, Sunday nor holiday is October 3, 1983.)

MVPP considers it necessary and prudent -- for purposes of judicial econony and submission of legal arguments relevant for the Board's authority -- to request that the Licensing Board 8310060266 831003 PDR ADOCK 05000358 G PDR

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reconsider its September 15 Order.

Therefore, MVPP respectfully moves the Atomic Safety and Licensing Appeal Board for a reasonable extension of time in t which to file any appeal that may be necessary, up to and including the tenth day following the service of the Licensing 1/

Board's decision on MVPP's Petition for Reconsideration. }

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This motion is submitted to insure against the possible loss of MVPP's rights . MVPP seeks to avoid loss of ASLB jurisdiction due to filing an appeal. On the other hand, if MVPP does not immediately appeal, it would risk losing the later right to appeal. Until the Licensing Baord has ruled on MVPP's petition to reconsider, it would be speculative and premature to involve the jurisdiction of the Appeal Board.

Granting this request is reasonable and appropriate under Commission precedent. To begin with, the time limits in question are not jurisdictional, although the , general policy is to enforce them strictly. Nuclear Engineering Co. (Sheffield, ILL. Low Level Radioactive Waste Disposal Site), ALAB-606, 11 NRC 156, 160 (1980). Moreover, a reasonable extension of time is usually granted in a complicated case, such as this one, with a showing of good cause, as has been demonstrated here. Common-wealth Edison Co. (Zion Station, Units 1 and 2) , ALAB-154, l

6 AEC 827 (1973).

If the Appeal Board chooses not to grant this motion, MVPP requests a reasonable time period following the Appeal Board's

denial in which to appeal the Licensing Board's Order of l'

September 16, 1983.

b! This motion is submitted after consultation with the counsel to the Appeal Board to determine the proper course, i . _ __ _

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L Respectfully submitted, F Thomas Devine i

Of Counsel: John Clewett Government Accountability Project l' of the Institute for Policy Studies 1901 Q Street, N.W.

Washington, DC 20009 (202) 234-9382 Counsel for Intervenor Miami Valley Power Project Dated: October 3, 1983

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,, CERTIFICATE OF SERVICE

• I HERE3Y CERTIFY that copies of the foregoing " Miami Valley r Power Project's Motion for Extension .cf Time to Appeal Pending Resolution of MVPP Petition for Reconsideration" have been served ,

upon the following by mailing first-class, postage prepaid, this 3rd day of October, 1983. l 1

Judge John H. Frye, III Troy B. Conner, Esquire '

Chairman, Atomic Safety and Licensing Conner and Wetterhahn Board 1747 Pennsylvania Ave. NW U .S . Nuclear Regulatory Commission Washington, DC 20006 Washington, DC 20555 John D. Woliver, Esquire Charles A. Barth, Esquire Clermont County Community Council Counsel for the NRC Staf f Box 181 Office of the Ex.ccutive Legal Batavia, OH 45103 Director U.S. Nuclear Regulatory Commission Brian Cassidy, Esquire Washington, DC 20555 Regional Counsel Federal Emergency Management Dr. Frank F. Hoopar Agency -- Region I Sierra Nevada Aquatic Research John W. McCormack POCH Laboratory Boston, MA 02109 Route 1, Box 198 Mammoth Lakes, CA 93546 George E. Pattison, Esquire Prosecuting Attorney of Dr. Stanley M. Livingston Clermont County, Ohio Administrative Judge 462 Main Street 1005 Calle Largo Batavia, OH 45103 Sante Fe, New Mexico 87501 Docketing and Service Branch Nuclear Regulatory Commissioners (4) Of fice of the Secretary U.S. Fuclear Regulatory Commission U.S. Nuclear Regulatory Conadssion Washington, DC 20555 Washington, DC 20555 Chairman, Atomic Safety and David K. Martin, Esquire Licensing Appeal Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission Acting Director, Division of Washington, DC 20555 Environmental Law 209 St. Clair Street Robert F. Warnick Frankfort, KY 40601 Director, Enforcement and Investigation William J. Moran, Esqui re NRC Region III Vice President and General Counsel 799 Roosevelt Road The Cincinnati Gas and Electric Glen Ellyn, IL 60137 Company P.O. Box 960 Deborah Faber Webb, Esquire Cincinnati, OH 45201 796 7 Alexandria Pike Alexandria, KY 41001 Andrew B. Dennison, Esquire /

Attorney at Law 'd .

200 Main Street Batavia, OH 45103 Thomas Devine Counsel for Intervenor MVPP Paul Ryder, .

Governor's Office State House Columbus, Ohio 43215

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