ML20087N087

Motion for Extension of 6 Months to File Motion.Certificate of Svc Encl

ML20087N087
Person / Time
Site:	Waterford
Issue date:	03/28/1984
From:	Burstein C BURSTEIN, C.H., JOINT INTERVENORS - WATERFORD
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
OL, NUDOCS 8404030090
Download: ML20087N087 (4)

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'84 fiPR -2 A11 :33 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION . _ . . , ,

ATOMIC SAFETY AND LICENSING APPEAL BOAED~;23&;blis*

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Administrative Judges:

Christine N. Kohl, Chairman March 28, 1984 Dr. W. Reed Johnson Howard A. Wilber In the Matter of LOUISIANA POWER & LIGHT COMPANY Docket No. 50-382 OL (Waterford Steam Electric Station, Unit 3)

MOTION FOR EXTENSION OF TIME Now before this Honorable Appeal Board, through undersigned counsel, comes Gary Groesch, Chairman of Waterford 3 Joint Intervenors, who with respect asserts that the delay assigned for perfecting his case was insufficient and considerably more time should be given, for these reasons, to-wit:

1. Intervenor was presented with the untenable choice of filing an incomplete motion timely or a complete one untimely, leading to a dismissal with prejudice of his motion in either event. Surely it was not the intent of Congress in passing the Atomic Energy Act that prospective intervenors be presented with such a choice.

2. Co-Counsel Luke Fontana is currently inactive in the intervention, and the undersigned co-counsel has had no experience either in the procedural or the technological aspects of practice before the NRC; thus, she has asked Chairman Groesch to associate experienced 8404030090 840328 PIMt ADOCK 05000382 ]-

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2 counsel in Washington, D.C., for which negotiations are now in prog ress . The undersigned co-counsel has twice been hampered by spontaneous recurrent abrasions of the eye which made it impossible to travel to Taf t, Louisiana to notarize affidavits.

Her ophthalmologist,Dr. Robert Baxter, has advised her that more such occurrences may well be expected as a consequence of the original injury, for at least six more months.

3. Intervenor has acquiesced to an extension of time with both applicant and NRC staff, notwithstanding the superior legal, technological, and clerical facilities of both parties. It is only fair that the courtesy be reciprocated, especially since it is inconceivable at present that a delay of several months could delay licensing. It is well known that a special NRC task force is now investigating quality control and other problems at ,

Waterford 3 and that no low-power license will be issued until their report has been evaluated. Thus, there is no prejudice to any party in a delay, and there is the advantage that an intervention now will not duplicate the work of the NRC.

WHEREFORE, mover prays for an extension of six months to file a properly documented motion in compliance with Commission requirements.

Respectfully submitted, k- '

Carole H. Burstein C o-Counsel for Joint Intervenors 445 Walnut Street New Orleans, Louisiana 70118 Telephone: (5 04 ) 866-6363

CERTIFICATE OF SERVICE I hereby certify that service by First Class Mail has been made this day on the parties named on the appended list.

New Orleans, Louisiana, March 28, 1984.

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Carole H. Burstein Co-Counsel for Joint Intervenors I

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c UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of LOUISI ANA POWER & LIGHT COMPANY Docket No. 50-382 OL (Waterford Steam Electric Station, Unit 3)

' SERVICE LIST Administrative Judge Administrative Judge Christine N. Kohl, Chairman Sheldon J. Wolfe, Chairman Atomic Safety & Licensing Atomic Safety & Licensing Board i

' Appeal Board U.S. Nuclear Regulatory Comm.

U.S. Nuclear Regulatory Commi . Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Docketing & Service Section (3)

Office of the Secretary W. Reed Johnson U.S. Nuclear Regulatory Comm.

Atomic Safety & Licensing  ;

Appeal Board Washington, D.C. 205*.4 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Administrative Judge Bruce Churchill, Esquire l Shaw, Pittman, Potts & Trowbridge t Howard A. Wilber 1800 M Street, N.W.

Atomic Safety & Lir<insing Washington, D.C. 20036 Appeal Board U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 .

Sherwin E. Turk, Esquire -

Office of the Executive Legal Director U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Atomic Safety & Licensing Appeal Board Panel U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555.

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