ML20128D439

Memorandum & Order (Request for Addl Time).* Parties May File Briefs Addressing Questions Asked by Board in 930115 Memorandum by 930205.W/Certificate of Svc.Served on 930127

ML20128D439
Person / Time
Site:	Vogtle
Issue date:	01/26/1993
From:	Bloch P, Carpenter J, Murphy T Atomic Safety and Licensing Board Panel
To:	GEORGIA POWER CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#193-13573 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9302100147
Download: ML20128D439 (5)

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'93 JE 27 A11 :21

• 's t et January ~ 26, 1993 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 8ERVED JAN 27 393 Before Administrative Judges:.

Peter B. Bloch, Chair

-Dr.-James =H. Carpenter Thomes D. Murphy-In the-matter of Docket Nos.-50-424-OLA 50-425-OLA-3 GEORGIA POWER COMPANY, et al. Re: License Amendment (Transfer to Southern (Vogtle Electric Generating Nuclear)

Plant, Units 1 and 2)

ASLBP No. 93-671-01-OLA-3 MEMORANDUM AND ORDER (Request for Additional Time)

On January 19, 1993, Petitioners requested additional time to file the briefs authorized by this. Board-to be filed--

on or before January 29,_1993. Georgia PowerLopposes this request and-the Staff of the Nuclear Regulatory Commission does not oppose it.

Although1ve 'are not pleased .with the thoroughness of -

petitioner's showing of good cause for: - being _ granted additional time, we' have decided -to grant a one veek extension. In the-future, however, we will~need a clearer explanation for a time extension, ' including more ~ specific details of the difficulty; involved. tus: do not consider- it 9302100147 930126 A/

V PDR ADOCK 05000424 O PDR- j

adequate for a lawyer to state that time is needed because of "a pending briefing schedule" and "the press of other business." What is needed is the descriptiu:. of some extraordinary pressure, including the date or dates of the deadlines involved and some notion of the complexity of what is pending.

In tl.: s case, we had previously brought to the attention of the petitioner a " Board concern" related to the matter we have now authorized to be briefed. A full explanation of the need _ for additional time would have required some excuse for not having addressed or having been prepared to address the " Board concern" at the special prehearing conference that was already held.

The brief we are requt: sting is essential to our decision about whether to admit parties. We urge petitioner and the other participants to file clear, convincing arguments on this matter on time. A late orief would not be considered.

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1 2 ORDER For all the foregoing reasons and upon consideration of the entire record in this matter, it is this 26th day of January, 1993, ORDERED, that:

The parties may file briefs addressing the questions asked by the Board in its Memorandum of January 15, 1993. Such briefs shall be sent so that the Board would reasonably be expected to receive them on or before February 5, 1993.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Wl. f fJamesH. Carp /nter Administrative Judge

/ du tto V -

kV Thomas D. Murphy d Administrative Judge [

A Peter B. Bloch Chair Bethesda, Maryland l

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. l Ull!TED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of GEORGIA POWER COMPANY, ET AL. Docket No.(s) 50-424/425-OLA-3 (Vogtle Electric Generating Plant, l Units 1 and 2) i CERTIFICATE OF SERVICE 1 hereby certify that copies of the foregoing LB M&O (REQUEST FR AD0'L TIME) have been served upon the following persons by U.S.- mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appellate Administrative Judge Adjudication Peter B. Bloch, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regu'atory Commissior.

Washington, DC 20555 Administrative Judge Administrative Judge James H. Carpenter Thomas D. Murphy Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC- 20555 Washington, DC 20555 John Lamberski, Esq.

Office of the General Counsel Counsel for Georgia Power Company U.S. Nuclear Regulatory Commission Troutman Sanders Washington, DC 20555 Suite 5200, 600 Peachtree Street, N.E.

Atlanta, GA 30308 Ernest L. Blake, Jr., Esq. Michael D. Kohn, Esq.

David R. Lewis, Esq. Stephen M. Kohn, Esq.

Shaw, Pittman, Potts & Trowbridge -Kohn,'Kohn & Colapinto, P. C.

2300 N Street, N.W. 517 Flcrida Avenue, N.W.-

Washington, DC- 20037 Washington, DC -20001 l

Docket 11o.(s)S0-424/425-OLA-3 LB H&O (REQUEST FR ADD'l TIME)

C. K. McCoy V. President fluclear, Vogtle Project Georgia Power Company Post Office Box 1295 Birmingham, AL 35201 Dated at Rockville, Md. this 27 day of January 1993 -

Effice of the Secretary of the CommissT6n