ML20113D710
| ML20113D710 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 01/18/1985 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#185-175 79-430-06-OL, 79-430-6-OL, OL-2, NUDOCS 8501230201 | |
| Download: ML20113D710 (5) | |
Text
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05 UNITED STATES OF AMERICA C'
p NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeals Boar 3 o
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In the Matter of
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Docket Nos. 50-445-OL2
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50-446-OL2 TEXAS UTILITIES ELECTRIC COMPANY, et al.
)
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ASLBP No. 79-430-06 OL (Comanche Peak Steam Electric Station,
)
Units 1 and 2)
)
)
January 18, 1985 t
CASE'S MOTION FOR RECONSIDERATION OF APPEAL BOARD'S JANUARY 14, 1985 ORDER:
DATE TO RESPOND TO APPLICANT'S JANUARY 11, 1985 RESPONSE TO APPEAL BOARD ORDER OF JANUARY 2, 1985 CASE (Citizens Association for Sound Energy), intervenor herein, moves that the Appeal Board reconsider its January 14, 1985 order and grant CASE additional time to respond to Appli-
[
cant's January 11, 1985 Response to Appeal Board Order of 1/
January 2, 1985.
It is imperative that the Appeal Board grant CASE additional time to respond, because Applicant's pleading involves not-just an appeal of the facts of the particular Board memorandum in 4
question, but also significant legal issues with broad implica-tions.
These issues require legal research.
CASE's primary representative is not an attorney and is not qualified to ade-quately research and M
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1 The Appeal Board extended by one day (to be put into the mail
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on Thursday, January 24, 1985) CASE's time to respond, since CASE did not receive a copy of Applicant's pleading until Tuesday, January 15, 1985.
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respond-to these legal issues.
Additional time is necessary to I
allow CASE to obtain legal assistance.-2/
CASE requests an extension of what will amount to only about three (possibly four) days, with CASE's response to be in the hands of the Appeal Board on Friday, February 1, 1985.
As cur-rently scheduled, CASE is to put our response into the mail on Thursday, January 24 by first-class mail; this means that the Board will not receive it before Monday, January 28, or perhaps Tuesday, January 29.
CASE proposes to have our answer in the hands of the Board on Friday, February 1.
The requested extension will not cause an undue burden on any party since Applicant's publicly announced yesterday-3/ that they have postponed their fuel load date indefinitely and are going to request the postponement of any further hearings until March in order to assess the impact of quality control problems recently found by the NRC Technical Review Team which has been 4/
looking at Comanche Peak.
Therefore, there are no longer the
-2/
Anthony Roisman is representing CASE in the intimidation portion of the proceedings.
We are not certain of Mr. Roisman's schedule, if his assistance is not available, we are cert ain given additional time we can obtain competent legal assistance regarding the significant legal issues being raised in Ap;ili-cant's pleading.
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3 The transcript of 1-17-85 NRC/ Applicant's meeting, (not yet published).
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4 See attached copy of January 8, 1985 Technical Review Team Report.
tight time constraints which Applicants have previously claimed, and a delay of only three or four days will not inconvenience or 6
prejudice any party.
In summary, because Applicants' pleading raises significant issues requiring legal research which CASE's primary representa-tive is not qualified to do, and in light of Applicants' recent announcement that they are postponing their fuel load date inde-finitely and requesting suspension of hearings for three months, CASE moves that the Appeal Board grant CASE an extension of time to respond to Applicant's January 11, 1985 Response to Appeal Board Order of January 2, 1985, with CASE's response to be in the hands of the Appeal Board on Friday, February 1, 1985.
Respectfully submitted, M;,f-G.M (Mrs. ) Juanita Ellii, President F
CASE (Citizens Association for Sound Energy) 1426 South Polk Dallas, Texas 75524 (214) 946-9446
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Dated:
January 18, 1985 h
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t y
- 6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEALS BOARD
.In the Matter of
)
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TEXAS UTILITIES GENERATING
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COMPANY, et al.
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Docket Nos. 50-445-2
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and 50-446-2 (Comanche Peak Steam Electric
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Station, Units 1 and 2)
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V CERTIFICATE OF SERVICE r
By my signature below, I hereby certify that true and correct. copies of CASE's Motion for Reconsideration of Appeal Board's-January 14, 1985 Orders-Date to Respond to Applicant's
~ January 11, 1985 Response to' Appeal Board Order of January 2, 1985 have:been.sent to the names listed below this 18th day of
-January, 1985, by:
Express mail where indicated by *; Hand-
' delivery where indicated by **; and First Class Mail unless I
iotherwise indicated.
v Alan S. Rosenthal, Esq. Chairman
- Atomic Dafety and Licensing Appeal Board
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U'.S. Nuclear Regulatory Commission Washington, D.C.
20550
'Dr. W. Reed Johnson
- Atomic. Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington,-D.C.
20550
. Thomas.S. Moore, Esq.
' Atomic Safety and Licensing Appeal Board' k); <
U.~S.iNuclear Regulatory Commission
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Washington,- D.C.,.20550 7~~
Administrative Judge Peter B. Bloch.
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.U.S.gNuclear Regulatory Commission
. 4350. East-West: Highway, 4th-Floor
_ Herbert Grossman e
' Alternate Chairman
-ASLB Panel e.
U.S. Nuclear Regulatory Commission 4350 East-West Highway, 4th Floor Bethesda, Maryland 20814 Dr.'Kenneth A. McCollom, Dean Division of Engineering, Architecttre and Technology Oklahoma State University Stillwater, Oklahoma 74074 Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, Tennessee 37830 Ms.' Ellen Ginsberg, Law Clerk U.S. Nuclear Regulatory Commission 4350 East / West Highway, 4th Floor Bethesda, Maryland 20814 p:
' Nicholas'S. Reynolds, Esquire
. Bishop, Liberman, Cook,_
Purcell & Reynolds-1200-17th Strcet, N.W.
Washington, D.C.
20036 r
Stuart Trebyr Esquire f( -
_Geary S. Mizuno, Esquire Office'of Executive Legal Director U.S.1 Nuclear Regulatory Commission 7735 Old Georgetown Rd.,
10th Floor Bethesda,1 Maryland 20814 Docketing & Service Section
~ Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Renea' Hicks,. Esquire 1
Assistant Attorney General
. Environmental Protection Division i
Supreme Court Building Austin, Texas 78711 3M g
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