ML20093L005
| ML20093L005 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 07/27/1984 |
| From: | Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8407310267 | |
| Download: ML20093L005 (7) | |
Text
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July 27, 1984 DOCHETET)
UNITED STATES OF AMERICA MC l
NUCLEAR REGULATORY COMMISSION M L'l 30 p;2:oy
(
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD bMi t[Ig i 2
In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket No. 50-400 OL and NORTH CAROLINA EASTERN
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MUNICIPAL FOWER AGENCY
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i (Shearon harris Nuclear Power
)
l Plant)
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APPLICANTS' MOTION FOR ISSUANCE OF AN ORDER ESTABLISHING PROCEDURES l
FOR REQUESTING EXTENSIONS OF TIME I
Applicants move the Board for the issuance of an order establishing the following procedure for requests to the Board for extension of deadlines established by the Board:
(1)
Requests for extension of time should be in the form of a written motion unless the motion cannot be filed sufficiently in advance of the subject deadline for the Board to rule before the deadline passes.
(2)
Oral requests for extension of time should I
l only be made wnen there 3.s not sufficient time for a I
written motion to be filed and acted upon by the Board.
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(3)
Prior to a written or oral request for extension of time, the requesting party should consult with the f
obviously affected parties in an effort to obtain their consent.
The requesting party should then report to 8407310267 840727 PDR ADOCK 05000 I>so3
4.I the Board, in the written or oral request, the communica-tions made with other parties and their positions on the extension request.
(4)
The Board will entertain a request for extension of time without compliance with step (3) above only in extreme circumstances and upon a showing by the requesting party of good cause for failure to communicate with other affected parties.
(5)
Where the extension rcquest is oral, the request-ing party has the affirmative obligation to communicate promptly to other affected parties any Board ruling grant-ing an extension.
This motion is made necessary by several instances where intervenors have made requests by telephone for extensions of time without consulting with Applicants in advance or commun-icating the approved extension after the conversation with the Board.
Applicants, where this has occurred, do not learn of the extension until they receive the intervenor's pleading and read that an extension was sought and granted.
We assume the Board is not aware of this situaticn.
Beyond the fact that ege parte motions deprive the other parties of an opportunity to be heard in opposition or to suggest additional schedule adjustments as a condition of granting the request, the failure to communicate the approved extension is disruptive to Applicants' hearing preparation plans.
i b_
., W The most recent example of this scenario is Joint Inter-venors' Findings of Fact on Joint Contentions II(e) and II(c).1!
Pursuant to the schedule established by.the Board at the en-vironmental hearing, parties were to file proposed findings and reply findings on a simultaneous basis on July 20 and August 1, 1984, with any final reply by Applicants on August 6, 1984.
Today, Friday, July 27, Applicants received Joint Inter-venors' proposed findings dated July 24.
Joint Intervenors state that "[b]y telephone, Chairman Kelley granted an extension on the filing of these findings until July 24, 1984."
Appli-cants were not aware that this extension request had been made or granted.
Several problems are caused by this situation.
- First, Applicants had assumed, since the time had passed, that Joint Intervenors were not filing proposed findings and that Appli-cants' attorneys could turn to work other than preparing a reply to that pleading.
Second, the simultaneity concept was breached unilaterally and Joint Intervenors may have had the unfair advantage of reviewing Applicants ' and Staff 's proposed findings, filed July 20, before filing their own.
Third, since no adjustment was made to the schedule for replies, Applicants must now undertake the burden of seeking an If The situation has arisen previously with discovery dead-lines and during the filing of intervenors' proposed conten-tions on off-site emergency preparedness.
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extension made necessary only by the delay in Joint Intervenors' filing.2/
None of these problems would have arisen if Joint Intar-venors had contacted Applicants in advance.- We could have considered a delay in our proposed findings to preserve simul-taneity, adjusted the reply schedule at.the same time, and managed our workloads accordingly.
Applicants do not desire to impose rigid or unnecessary formalities onto the proceeding, but the problems discussed above are real and could readily be avoided.
Respectfully submitted, em
.v,h Thomas A. Baxter, P.C.
SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-6517 Counsel for Applicants Dated:
July 27, 1984 2/
Since the deadline for replies is Wednesday, August 1, Applicants ' counsel must seek the extension on an emergency basis.
We learned today that Staff counsel has not yet received Joint Intervenors' proposed findings and was also unaware of the extension.
L_
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' July 27, 1984 UNITED STATES OF AMERICA 4
NUCLEAR REGULATORY COMMISSION 4
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
a CAROLINA POWER & LIGHT COMPANY
)
Docket Nos. 50-440 OL and NORTH CAROLINA EASTERN
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50-401 OL MUNICIPAL POWER AGENCY
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)
(Shearon Harris Nuclear Power
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Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion for Issuance of an Order Establishing Procedures for Requesting Extensions of Time" were served this 27th day of July, 1984, by deposit in the U.S. Mail, first class, postage prepaid, to the parties on the attached Service List.
- .. - = =
Thomas A.
Baxter i
4
!r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of I
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CAROLINA POWER & LIGHT COMPANY
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Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN
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50-401 OL MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
)
, SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of U.S. Nuclear Regulatory Commission North Carolina Washington, D.C.
20555 307 Granville Road Chapel Hill, North Carolina 27510 Mr. Glenn O.
Bright M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U.S.
Nuclear Regulatory Commission P.O. Box 12607 Washington, D.C.
20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington, D.C.
20555 Charles A. Barth, Esquire Mr. Wells Eddleman Janice E. Moore, Esquire 718-A Iredell Street Office of Executive Legal Director Durham, North Carolina 27705 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section Richard E. Jones, Esquire Office of the Secretary Vice President and Senior Counsel' U.S. Nuclear Regulatory Commission Carolina P.ower & Light Company Washington, D.C.
20555 P.O. Box 1551 Raleigh, North Carolina 27602 l
Mr. Daniel F. Read, President Dr. Linda W. Little CHANGE Governor's Waste Management Board i
P.O. Box 2151 513 Albemarle Building Raleigh, North Carolina 27602 325 North Salisbury Street l
Raleigh, North Carolina 27611
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Brcdicy W. JcnO3, E:quiro 7
U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street Atlanta, Georgia 30303 Steven F. Crockett, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina 27602 Administrative Judge Harry Foreman Box 395 Mayo University of Minnesota Minneapolis, Minnesota 55455
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