ML20093D397
| ML20093D397 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/04/1984 |
| From: | Lodge T LODGE, T.J., SUNFLOWER ALLIANCE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#484-384 OL, NUDOCS 8410110230 | |
| Download: ML20093D397 (3) | |
Text
_
M b
00yrhr -
UNITED STATES OF AMERICA USQ '
NUCLEAR REGULATORY C044ISSION Before the Atomic Safety and Licensing Board N @T-p All:57 In the Matter of
)
Grrfge _
)
Docket tbs. SOACIO M @4, OG, Skjgg" 6t THE CLEVELAND ELECTRIC ILLUMINATIIG )
COPANY, et. al.
)
)
(Perry Nuclear Power Plant,
)
Unites 1 and 2)
)
)
)
SUNFIIMER ALLIAICE'S REPLY TO APPLICAITT'S 'MCTTION TO DISMISS' On September 20, 1984, without leave of the Board, Applicant filed its " Motion to Dismiss Smflower's Particularized Objections to Proposed Dnergency Plans in Support of Issue Ib.1."
- Clearly, the Board intended in its July 26,1984 "Memorandun and Orxler" on this subject for Sunflower to substitute detailed objections for the generalized Issue Ib.1 in this proceeding:
It is time for the interverurs to state with specificity, and with bases, the particular deficiencies that currently exist in the draft plans.
Slip op. at 3.
Sunflower timely essayed to comply with the Board's directives, filing its "Particularizea Oojections to Proposeo Emergency Plar,
in dupport or Issue No. 1" oy the requireo deaaline.
'the July 26 Menorandan and Order" clearly neither granted leave to any party to " plead" to the particularize okectims, nor did it set forth any timetable for the particularizations to be subjected to attack via stmmry dispositim.
Applicant's "tttim to Dismiss" is clearly a notion for stmnary disposition of the particularizatims.
It is most spuriously 0410110230 841004 PDR ADOCK 05000440 0
PDR 3 S03
- y' i.
- brought. Apparently Applicant believed that by captioning the docurient as a " Motion to Dismiss"-that the rudiments attendant upon sumiary disposition motions per 10 CFR 62.7_49 could be sidestepped. Thus Applicant did not set forth in its motion a " separate, short and concise' s
statenent of the material facts." Id.
Nor did Applicant attach affi-davits in support of its motion,. as is allowable in surrmary disposi-tien procedures. Applicant evidently hoped that this Board would allow it a substantive attack via innuendo and unsworn, ips'e dixit
- conclusions, upon the particularizations, wh$ch are in effect merely the elaboration upon the t'ormer single sentence wording of Issue No. 1.
'Ihis Board has not previously dismissed adnitted ccntentions based upon procedurally faulty trick rrotions, and Suntlower certainly asks that it not countenance that precedent here.
Mit nrautt, Sunflower Alliance prays the Board to dismiss Applicant's
" Motion to Dismiss." Further, based upcn the recognized ccrrpetence of i,
i Applicant's respective counsel, and given the frivolousness.of.the bringing of the Ittion, Sunflower prays the Board to award it attomey feesincurredindefenddng.againstsuchspeciousness.
hYS !
c
'Derry[JDnathan 9 tichigan St., Suite 105 518 F s
Tolecb,4 Ohio 43624 (419) 255-7552 Coansel for, Sunflower Alliance Certification of Service I hereby certify that a copy of the foregoing " Reply" wast sent -
by ne this 4th day of October,1984 to the parties on the accrxtpanying
'" Service list" via regular U.S. Mail, postage prepaid.
~
n Mb f th {.
14dge Ter L
Y 1
s'
)'
e
~%
e w
. j;
-y
~ %.
p.
?-2 A
SERVICE LIST-iPeter B. Bloch,' Chairman -
Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline
- Atomic Safety &~ Licensing Board U.S. Nuc! car Regulatory Commission -
Washington, D.C.
20555
- Mr. Glenn O. Bright
~ Atomic Safety & Licensing Board ~
U.S.- Nuclear Regulatory Commission Washington, D.C.
.20555-e, TDocketing & Service Section Office of the Secretary
- U.S. Nuclear Regulatory Commission
' Washington, D.C.
20555
. : Colleen P.'Woochead,' Esq.
Office of the Executive s
' Legal Director
~ U.S. Nuclear Regulatory Commission LWashington, D.C.
20555
/ Jay Silberg, Esq.
1800 M Street, N.W.
aWashington, D.C.
20036 Atomic-Safety and Licensing ' Appeal Board Panel
~...
. U.S. Nuclear Regulatory Commission
' Washington,. D.C. ' ' 20555 Susan L. Hiatt 8275'Munson Road Mentor, Ohio 44060
- Christine N. Kohl, Chairman
- Atomic Safety and Licensing Appeal Board
- U.S. Nuclear Regulatory Commission
- Washington, D.C.
-20555 Dr. John 'H.~ Buck Atomic Safety and Licensing Appeal Board
-U.S.' Nuclear Regulatory-Commission
.- Washington, D.C.
20555
= Gary J. Edles,- Esquire L Atomic Safety and Licensing Appeal Board U.S.lNuclear Regulatory Commission Washington, D.C..
20555
. _ _ _.