ML20094E984

Response to Applicant Motion to Establish Procedure for Requesting Extensions of Time.Certificate of Svc Encl

ML20094E984
Person / Time
Site:	Harris
Issue date:	08/05/1984
From:	Runkle J CONSERVATION COUNCIL OF NORTH CAROLINA
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8408090455
Download: ML20094E984 (3)

Text

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August 5, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Og $

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g *'

In the Matter ) NS/)9

) t $Ik CAROLINA POWER & LIGHT COMPANY J Docket No. 50-400 OL ^q-and NORTH CAROLINA EASTERN ) G: D?

MUNICIPAL POWER AGENCY /

)

(Shearon Harris Nuclear Power /

Plant) /

CONSERVATION COUNCIL'S RESPONSE TO APPLICANTS' MOTION TO ESTABLISH PROCEDURE FOR REQUESTING EXTENSIONS OF TIME We normally would not comment on such a unnecessary motion except that Applicants have based their argument on mis-stated facts. First of all, one of Applicants' attorneys was notified that the extension had been granted.

This was not done however until Tuesday, July 24, although this should have given Applicants notice that the filing would be received later that week.

We did not notify the Staff of the extension or indeed any of the other Intervenors, but it is the Applicants who claim to be somehow burdened.

We do not see why Applicants would assume that we were not filing any findings of fact, especially since Judge Ke11ey ordered each party to file them.

Additionally, Applicants might have contacted us before undertaking any changes in attorney work projects. The Conservation Council also did not receive the Staff's findings until Friday, July 27, a full week after they were sent, so Applicants' assumption seems misguided due to the efficiency or lack thereof of the US Postal Service.

Secondly, the concept of simultaneity may have been breached, although it was not. We did not have enough time to go through Applicants'. lengthy 0 j a \50 d

J Page_2 filing. We are not certain as to what " unfair advantage" we might have gained even if we had, especially since Applicants are able to comment on our filing and then respond again on our response to their filing. Our

,. ition was clear in our prososed findings and we decline the opportunity to comment on the findings of the other party. This seems unproductive to us in terms of the time which can be spent commenting on responses.

Thirdly, although Applicants were forced to seek an additional extension after ours, this burden to them is again very small. We apologize for placing

. this burden on them but are not convinced that any of the prob 1 cms complained about are very compelling.

The procedure requested by the Applicants seems unduly rigorous. Earlier in this proceeding,.several parties, including the Applicants, received orally granted extensions for short periods and we did not complain; sometimes we all get behind or things do not work out. Step 4 also seems to limit the Board's authority by requiring showings of cause for extreme circumstances.

The' Board is to be more flexible, especially on these insignificant procedural matters.

However, if the Board issues an order covering this area, we would request that the attorney for the Conservation Council be notified, even if it is a contention of the Joint Intervenors. We also would like to know which of the Applicants' attorneys or office managers keeps track of these matters so that we can notify the proper person.

Respectfully submitted, John Runkle Attorney-at-Law Conservation Council of NC 307 Granville Road Chapel Hill, NC 27514 919/942-7935(o) 942-0600(h)

CERTIFICATE OF SERVICE I hereby certify that copies of " Conservation Council's Response to Applicants' Motion to Establish Procedure for Requesting Extensions of Time" were served this 6th day of August, 1984, by deposit in the US Mail, postage prepaid, or by hand to the parties below.

James L. Kelley Dr. Linda Little Atomic Safety and Licensing Board Governor's Waste Management Board US Nuclear Regulatory Commission 513 Albemarle Building Washington, DC 20555 Raleigh, NC 27611 Glenn O. Bright Bradley W. Jones same address US Nuclear Regulatory Commission Region II Dr. James H. Carpenter 101 Marrietta Street same address Atlanta, GA 30303 Charles A. Barth Robert P. Gruber Janice E. Moore Executive Director Office of Executive Legal Director Public Staff--NCUC US Nuclear Regulatory Commission PO Box 991 Washington, DC 20555 Raleigh, NC 27602 Docketing and Service Section (3 copies) Harry Foreman Office of the Secretary Box 395 Mayo US Nuclear Regulatory Commission University of Minnesota Washington, DC 20555 Minneapolis, MN 55455 Daniel F. Read PO Box 2151 Raleigh, NC 27602 M. Travis Payne d

/"ohn Runkle PO Box 12607 Attorney-at-Lau Raleigh, NC 27605 This is the 6th day of August, 1984 Dr. hichard D. Wilson 729 Hunter Street Apex, NC 27502 ,

Wells Eddleman ,

718-A Iredell Street Durham, NC 27705 Richard E. Jones Vice President and Senior Counsel CP&L PO Box 1551 Raleigh, NC 27602 Thomas A. Baxter Shaw, Pittman, Potts & Trowbridge 1800 M Street N.W.

Washington, DC 20036

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