ML20099F859
| ML20099F859 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 03/11/1985 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-013, CON-#185-13 OL, NUDOCS 8503140389 | |
| Download: ML20099F859 (5) | |
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o March 11, 1985 30CMETED USMC 0 ' E 1 3 /J 0 :1 7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION GFFlcE Of $5c q;;;
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00CETag4gggy7g nancy In the Matter of
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THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 d (_
3 ILLUMINATING COMPANY, ET AL.
)
50-441 O t,
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
APPLICANTS' ANSWER TO OCRE MOTION FOR LEAVE TO RESPOND TO APPLICANTS' ANSWER TO OCRE'S MOTION FOR THE APPOINTMENT OF BOARD WITNESS On March 4, 1985, Ohio Citizens for Responsible Energy
("OCRE") filed a motion requesting that the Licensing Board allow it to respond to Applicants' Answer to OCRE's Motion for the Appointment of Board Witness which Applicants filed on February 26, 1985.
OCRE's Motion is accompanied by its proposed Response.
OCRE's request is based on the assertion that " Applicants have raised new arguments and cited cases which were not addressed in OCRE's Motion."
Applicants oppose OCRE's Motion and request that it be denied.
Section 2.730(c) of the NRC Rules of Practice provides as l
follows:
i, l
Within ten (10) days after service of a written motion, or such other' period as the Secretary or the Assistant Secretary or i
presiding officer may prescribe, a party 8503140389 850311 PDR ADOCK 05000440 o
7_
6 may' file an' answer in support of or in opposition to the motion, accompanied by affidavits or other evidence.
However, the staff may file such an answer within fifteen (15) days after service of a written motion.
The moving party shall have no right to reply, except as permitted by the presiding officer or the Secretary or the Assistant Secretary (emphasis added).
Thus, as the moving party, OCRE has no right of reply under the NRC Rules of Practice.
By Order of August 4, 1981, the Licensing Board required that any intervenor in this proceeding who moves to add a late contention must reply to Applicants' and the NRC staff's responses.1/
No similar requirement has been issued by the Board as to any other type of motion.
It was, therefore, incumbent upon OCRE to make its best argument in its Motion.
OCRE knew it had no right of reply following Applicants' and the NRC staff's Responses concerning a contention which has already been admitted.
In any event, OCRE's Response does not add to the arguments or applicable precedent before the Licensing Board.
Nor does OCRE present any new information or arguments that could not have been made in its initial filing.
1/
In its Memorandum and Order of October 6, 1982, LBP-82-89, 16 NRC 1355 (1982), the Board then stated that it would permit Applicants to respond when an intervenor made new factual or legal arguments in their response to Applicants' or the NRC staff's answer to a proposed late-filed contention.
' " I i
Y
e-If the Licensing Board grants OCRE leave to respond, then both the Applicants and the NRC staff may, in turn, seek leave to respond to OCRE's response.
The initiation of any further filings will only dilute the relevant issues and make the entire process more cumbersome for both the Board and the parties involved.2/
Applicants,~therefore, respectfully request that the Board deny OCRE's Motion for Leave to Respond.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE O UJ W By:
N Jay E.
- Silberg, P.C.
Rose Ann Sullivan Counsel for Applicants 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 DATED:
March 11, 1985 2/
The "NRC Staff Response in Opposition to OCRE Motion for Appointment of Board Witness on Issue 16" was filed on the same date as OCRE's Motion for Leave to Respond.
There is, therefore, the possibility that OCRE will be filing yet another motion for leave to respond to the NRC staff's Response on this issue. - --
6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, _E_T AL.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing APPLICANTS' ANSWER TO OCRE MOTION FOR LEAVE TO RESPOND TO APPLICANTS' ANSWER TO OCRE'S MOTION FOR THE APPOINTMENT OF BOARD WITNESS was served by deposit in the United States Mail, first class, postage prepaid, this lith day of March, 1985, to all those on the attached Service List.
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_.O_Qwun Rose Ann Sullivan
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L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
THE CLEVELAND ELECTRIC
).
Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
SERVICE LIST James P. Gleason, Chairman Atomic Safety and. Licensing 513 Gilmoure Drive Appeal Board Panel Silver Spring, Maryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Jerry R. Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Glenn O.
Bright Colleen P. Woodhead, Esquire Atomic Safety and Licensing Board Office of the Executive Legal U.S.
Nuclear Regulatory Commission Director Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Alan S. Rosenthal, Chairman Atomic Safety and Licensing Terry Lodge, Esquire Appeal Board Suite 105 U.S. Nuclear Regulatory Commission 618 N. Michigan Street Washington, D.C.
20555 Toledo, Ohio 43624 Dr. W. Reed Johnson Donald T.
Ezzone, Esquire Atomic Safety and Licensing Assistant Prosecuting Attorney Appeal Board Lake County Administration U.S. Nuclear Regulatory Commission Center Washington, D.C.
20555 105 Center Street Painesville, Ohio 44077 Gary J.
Edles, Esquire Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555_
John G. Cardinal, Esquire Ms. Sue Hiatt Prosecuting Attorney 8275 Munson Avenue Ashtabula County Courthouse Mentor, Ohio 44060 Jefferson, Ohio 44047 i.
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