ML20127A791

Petitioner Amended Motion for Continuance to File Appeal Brief.* Petitioners Requests Until C.O.B. on 930108 to File Appeal Brief.W/Certificate of Svc

ML20127A791
Person / Time
Site:	Comanche Peak
Issue date:	12/31/1992
From:	Kohn M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#193-13506 92-668-01-CPA, 92-668-1-CPA, CPA, NUDOCS 9301120073
Download: ML20127A791 (3)

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DooKETED UNITED STATES OF AMERICA R g 9 9 jgg7 O

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD # SE SECY4tRC

) 8/' -(( \1 In the Matter of )

) Docket No. 50-446-CPA TEXAS UTILITIES ELECTRIC COMPANY, )

) ASLBP No. 92-668-01-CPA (Comanche Peak Steam Electric )

Station, Unit 2) )

)

PETITIONERS' AMENDED MOTION FOR CONTINUANCE TO FILE APPEAL BRIEF Under 10 C.F.R. 52.714a, B. Irene Orr and D.I. Orr,

(" Petitioners") are required to file notice of appeal within ten (10) days of service of the December 15, 1992 Memorandum and Order ("M&O") of the Atomic Safety and Licensing Board.F Pursuant to 10 C.F.R. 52.711(a), Petitioners' counsel requested on December 30, 1992 that they be granted until close of business on January 9, 1992 [ sic) to file a brief in support of their notice of appeal. The continuance is due to the press of business and as'a result of a pending family medical emergency.

On December 31, 1992, counsel to Texas Utilities Electric Co., Mr. George Edgar of the Newman & Holtzinger law firm, advised the undersigned that his client did not oppose the requested continuance. Thereafter, NRC Staff counsel, Ms. Janice Moore,-stated that NRC Staff would consent to a continuance F The M&O was served on petitioners' counsel on December 16, 1992 by first class mail. Pursuant to 10 C.F.R. 5 2.710, five- (5) days shall be added to the proscribed period when service is made by U.S. mail. Petitioners supporting brief is therefore due on or before December 31, 1992.

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9301120073 921231 PDR ADOCK-05000446 o7 0 eDn .)s

s through the close of business on January 8, 1993 and requested that undersigned counsel file an amended motion for continuance.U Undersigned counsel again conferred with Mr.

Edgar who indicated that he does not oppose the continuance until the close of business on January 8, 1993.

WHEREFORE, Petitioners request that they be given until the close of business on January 8, 1993 to file their appeal brief.

Respectfully submitted, A b -

Michael D. Kohn KOHN, KOHN & COLAPINTO, P.C.

517 Flor.ida Ave. , N.W.

Washington, D.C. 20001 Counsel to Petitioners (202) 234-4663 Dated: December 31, 1992 F NRC Staff further requested that service be made by

, facsimile. Petitioners will serve their appeal brief upon Ms.

l Moore and Mr. Edgar via facsimile no later than close of business l on January _8, 1393.

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" oOM UNITED STATES OF AMERICA  : I t' DN' g g $0fl ~ h NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOAR hMGH yf tRC

( SER{ /

In the Matter of )

) Docket No. 50-446 CPA ' (2FOTiT

. TEXAS UTILITIES ELECTRIC COMPANY, ) ASLBP NO. 92-668-01-CPA

) (Construction Permit (Comanche Peak Steam Electric ) Amendment)

Station, Unit 2) )

CERTIFICATE OF-SERVICE I HEREBY CERTIFY that a copy of: -

/hond e.d

1) PETITIONERS'AMOTION FOR CONTINUANCE TO FILE APPEAL BRIEF was served VIA FACSIMILE on December 31, 1992, upon:

• Secretary, U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George Edgar, Esq.

Newman & Holtzinger, P.C.

1615 L Street, N.W.,

Suite 1000 Washington, D.C. 20036 Janice E. Moore, Esq.

Nuclear Regulatory Commission Office of the General Counsel Washington, D.C. 20555

• indicates additional service of original and two copics by first class mail.

By: #^ '

Michael D. Kohn l

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