ML20127A613

Motion for Leave to File Out of Time & Request for Extension of Time to File Brief.* Petitioners Did Not Receive Order in Time to Appeal & Requests 15 Day Extension from Motion Filing Date to Respond.W/Certificate of Svc

ML20127A613
Person / Time
Site:	Comanche Peak
Issue date:	01/07/1993
From:	Dow R, Dow S DISPOSABLE WORKERS OF COMANCHE PEAK STEAM ELECTRIC
To:	NRC COMMISSION (OCM)
References
CON-#193-13519 CPA, NUDOCS 9301120021
Download: ML20127A613 (5)

Text

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. :n UNITED STATES OF AMERICA . g 'p",q _ g [ g 3 6 NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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TEXAS' UTILITIES ELECTRIC COMPANY ) Docke t No. 50-446-CPA

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(Comanche Peak Steam Electric )

Station, Unit 2) )

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MOTION FOR LEAVE TO FILE OUT OF TIME AND_REQU_EST FOR EXTENSION OF TIME-TO FILE BRIEF Pet i t ioners Sandra Long Dow dba Di sposab t e Workers of Comanche Peak Steam Electric Station, and R. Micky Dow, in accordance with 10 C . F . R . sec . 2. 714a , and 10 C . F .R . sec. 2. 714a( b ) , are filing si- ,

mul taneously wi th thi s motion, thei r Not ice of Appeal , and do so in an out-of-time manner; and for reason, would show the Commission:

1. Pe1Ltioners D i d No t Receive Copy Of OL der 13_ Time To Appeal.

The petitioners, for reascns irrelevant to-these proceedings -

had occasion, and personal need, to move back to their domicile in the State of Texas, and, although leaving a proper chania of ad-dress with the U.S. Postal Service, for transf er of thei r mail, the Memorandum and Order, the subject of the appeal, and this motion, did not reach them until well af ter the ten day period for the fil-Ing of a Notice of Appeal had lapsed.

Pet i t ioners would of f er, in support of tha above and foregoing that the reason for this delay is due to new procedures of the U.S.

Postal Service wi th regard to mai l f orwarding. The procedure, used in the Pi t tsburgh area, and others as wel l , is for the U.S. Postal PETITIONERS' MOT _I.OfLEOR_ LEAVE _.T.O_.FJLE OUT OF TIME 9301120021 930107 PDR

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ADOCK 05000446 O PDR -

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Se rv i ce to. send al l: ma i l for forwarding, along wi th the forwarding request, to one central-facility, wherein they. computer process a1 series of yellow forwarding labels with the new address, and then,

i. upon completion of this task, the mail is forwarded. There-is a 7- 10 d e -l a y in receiving mall while this process is being completed.

It was thi s admini strat ive f unct ion, alone, which prevented the 'pe-tioners from_ receiving the order in time to file a notice of a5 peal a

with the Commission.

2. Petitl'oners Made Procedural E r ro.r_Ln_Bequ e_s t i ng_ Review .

Upon receipt of the memorandum and order, and upon discovering that the ten day cer. lod had long-lapsed, pet i t ioners f el t t hei r on-ly remaining course of action was to make direct approach to the U.

- S. Court of Appenis for the District of Cuiumbia-Circuit, and_scek l  ; review of the order; and did, then, fl.le an immediate Request for?

i Review with that court and serve all parties to this action in:a i

i _ t ime l y and nor.ma l- -f ash i on.

It was.only in the course of conversation:to discuss other',

l yet~ relevant matters, with Charles.Mullins of the Office of--the, i  ; Genera. Counsel ,- yesterday; that pet i t ioners became' aware of thei r

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_ procedural error,'and stipulated .to.Mr. Mullins that they would-

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take immediate steps to cure;same.

3. Inadvertance Of Pet i t ionors Due To. Inexperience And Not Meant As

'A Tactic--Or Attempt At_ Delay.

The Comml'ssion i s respectf ul ly reminded that- pet i t ioners -are k -not_ attorneys. Trey haveLresponded inca timely. fashion, in all .

) matters,er"ortunately,'due to their' inexperience, their r.esponse

• L was.the wrong'one, and was >remature. .,

PETITIONCES' NOTION FJOR_1 EAVE _.TO FILE _OUT_OF TIEE . _ . _ ._a. _a _._ . ~ _ ~ _ _ _ . _____.___---___:

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It is1important to note, howeve r , that, immediateiy,'upon the discovery of their.inadvertance, petitioners took~the proper and correct. steps to cure the error. When discovering that Charles Mullins would have to do the extra work of pleading forndismissal before the U.S. Court of Appeals for the District of' Columbia Ci r-cuit, for failure to exhaust immediate remedy, these petitioners, of their own accord, volunteered to nonsuit the matter there, in m

order to save all parties unnecessary pleading. If the petition-ers were interested in any mannor of delay, or, as the utility c

maintains, harassment and spurious pleadings; pet i t ioners, certain-ly would not have made this effort.

4. FJequAs t Fo r ILxlen_glog_0_f_T_i_me _To F i l elB r i e f._No_t Un re a sonab le . -

Pet i t ioners' second port ion of thi s mot ion, ~ thei r reauest fors an extension. of t ime is not unreasonable, in vlew of the above and--

-f oregoing; as pet i tioners were preparing f or matters to proceed --in-the normal scheduling of 'the U.S. Court of Appeals 'for the District of Columbia Circuit,Eand had,.therefore,-not. prepared a-brief in support, anticipating.a show-cause orderfto Issue.

~The scheduling ofL thisimatter has been-tightened: considerably- '

and.is causing some timing problems with regard to_the other-par-t les herein ' as -wei I, as' is evidenced by . the request of -B. Irene and D.I .'Orr for an extension of time, as well . It is important- to also note, a t ' t h i s ' t i me_ , t ha t the order; granting that extension to the Orrs was'only. received by these peti t ioners yesterday. -It fol-lows;then, that i f the10rrs were granted a reasonable extension -of.

-time in which to prepare and serve their brief, that petitioners P_EiUllOlitiBS ' fiqILON_E_OR_l,E AV_E_IO _E H.E_OUT_OF_II ME_ l l

i -w

'e are also entitled:to an extension of time in which to prepare and serve thei r brief. It-also follows that if the Orrs were not able

. to file and serve their brief in the-time alloted,-and the peti-tioners have.not had access to that time span either, that they would require a sufficient enough amount of time in which to-pre-pare, file, and serve thelr brlef. Petitloners would, therefore, request, that they be granted c 15 day. extension' of t ime, from-the date of the filing of this motion, in which.to prepare, file, and serve their brief in support of their appeal to the Commission.

WHEREFORE, PREMISES CONSIDERED, Det i t ioners request that- .they -

be allowed to file their Notice of Appeal in an out-of-t ime manner, and.tnat they be granted 15' days f rom the date of the' f i I ing: of this motion, in which to prepare, file and serve their brief'.

Respectfully submitted,-

. Q: b I SANDRA LONG DO _dbQDISPOSXBLE-

, WORKERSTOF COMANCHE PEAK STEAM-I- ELECTRIC. STATION',apro.se Number-368', P.O.-: Box 19400 F

Austin. Texas 178760 9400 512-280-5833

Petitioner i

\.% w i- R. MICKY-DOW,. pro T _.

Number 368, P.O cBox--19400 Austin, Texas 7P760-9400

- 512-280-5833 Petitioner i

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EEllIIONEfLS' MOllRN_E0fLLEAVE_IO_.EI LE_OULOL.T.INE l i

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!' -CERTIFICATE OF SERVICE gy J,J -8 TJ0:16' This is to certify _that a true and correct copy ofi (t he m,e

.f ore- ;,_ ,

,g, going was sent to the par t i es l i sted be low, by regular firsFclass mall, on this the th day of ANwn$g . 19 9 "3.,_, .

M,b _ h Afflant

~1 Janice Moore, Esquire Charles E. Mullins, Esquire l Office of General Counsel Office of General Counsel U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulattory Comm. l 11555 Rock Pike 11555 Rock Pike RockviiIe, MaryIand 20852 RockyiIIe, MaryIand 20852 George L. Edgar, Esquire Mike Kohn Newman & Holtzinger, P.C. Kohn, Kohn & Calapinto.

1615 L Street, N.W. 517 Florida Avenue,-N.W.

Washington, D.C. 20036 Washington,D.C. 20002 Secretary U.S. Nuclear Regulatory Commission 11555 Rock Pike

'Rockville, Maryland 20852 I

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