ML20107G299

Motion for Enlargement of Time in Which to Respond to Motions for Summary Disposition of Emergency Planning Contention & Memorandum Requesting Addl 20-day Enlargement to Complete Response to 18 Pending Motions

ML20107G299
Person / Time
Site:	Perry
Issue date:	02/23/1985
From:	Lodge T LODGE, T.J., SUNFLOWER ALLIANCE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20107G302	List: ML20107G299 ML20107G306 ML20107G312 ML20107G322 ML20107G337 ML20107G350 ML20107G353 ML20107G359 ML20107G367 ML20107G373 ML20107G385 ML20107G392 ML20107G424 ML20107G441 ML20107G451 ML20107G463 ML20107G477 ML20107G489 ML20107G502 ML20107G516
References
CON-#185-717 OL, NUDOCS 8502260373
Download: ML20107G299 (2)

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t UNITED STATES OF AMERICA 00C KETE0 NUCLEAR REGULATORY COMMISSION USNRC Before the Atumic Safety and Licensing Board 15 fib 25 P1:34 In the Matter of

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THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 a [SE #b ILLUMINATING COMPANY ) RANCH (Perry Nuclear Power Plant, ) Ob

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Units 1 and 2) )

) .m SUNFLOWER'S MOTION FOR ENLARGEMENT OF TIME IN WHICH TO RESPOND TO MOTIONS FOR

SUMMARY

DISPOSITION Now comes Sunflower Alliance, by and through counsel, and moves the Court to grant it an additional 20 days in which to respond to the pending motions for summary disposition on the emergency (lanning contention.

Respectfully submitted, By

( F Terr // J7 Lodge 618 N. Michigan Street J Suite 105 Toledo, Ohio 43264 Phone: (419) 255-7552 Counsel for Sunflower Alliance MEMORANDUM By order of February 11, 1985, the Board directed Sunflower to answer all responses to the 18 pending motions by February 25, 1985.

Sunflower has contemporaneous 1y filed some, but not all, of those responses' along with.this Motion.

Sunflower requests an additional 20 day enlargement to complete its responses. It should be obvious to the Board that Applicant, in compiling

.over'700 pages of material for its motions, knew that Sunflower would be 8502260373 E 50223 PDR ADOCK 05000440 9,, PDR u_ __ j

impossibly pressed to frame intelligent responses to all motions within the compressed schedule set by the Board.

Sunflower represents that it does not make this request for reasons of delay or for frivolous reasons. The Board may not directly consider the relative resources available to parties to this proceeding.

However, the Board may and should consider that Sunflower has not hitherto committed any act the result of which has been to forestall the ultimate licensing decision, nor is Sunflower doing so at this time. The expedited motion schedule threatens to make Sunflower's participation in the licensing case meaningless, unless this intervenor can formulate intelligent,and meaningful replies to the pending motions.

If the Board refuses to grant the requested enlargement of time, then Sunflower requests that it sua sponte dismiss the pending, unreplied-to, motions. 10 CFR Section 2.749(a) states, in part:

The board may dismiss summarily motions filed shortly before the hearing... if the other parties or the board would be required to divert substantial

. resources from_the hearing in order to respond adequa-tely to the motion.

WHEREFORE, Sunflower respectfully prays the Board grant it'20.

additional days in which to respond to the pending motions,-or alternatively, to dismiss those to which reply is not yet made-for the reason that they are' onerous and burdensome in light.of the pending April hearing dates.

Respectfully submitted,.

By d[

( / Terr J. Lodge j CounMel for Sunflower Alliance m _