ML20133G810

Motion for Extension Until 851025 to Respond to Licensee 850920 Motion for Summary Disposition.Certificate of Svc Encl

ML20133G810
Person / Time
Site:	Turkey Point
Issue date:	10/08/1985
From:	Hodder M CENTER FOR NUCLEAR RESPONSIBILITY, HODDER, M.H., LORION, J.
To:	Atomic Safety and Licensing Board Panel
References
CON-#485-782 84-496-03-LA, 84-496-3-LA, OLA, OLA-2, NUDOCS 8510160133
Download: ML20133G810 (4)

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Yh Ac"? ?l .Y."e.. &$$ ' 'il-00 l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TifE ATOMIC SAFETY-AND LICENSING BOARD In the Matter of

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@(,$' t Nos . 50-250 OLA 5 Florida Power & Light Company 50-251 OLA-2

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Turkey Point Units 3 & 4 $> $ j j gASLBP Nos. 84-496-03 LA

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INTERVENORS' MOTION FOR EXTENSION OF TIME TO RESPOND TO LICENSEE'S MOTION FOR

SUMMARY

DISPOSITION Pursuant to Rulo 2.711 (a), Intervenors, the Center for Nuclear Responsibility and Joette Lorion, motion that this Board grant a 10 day extension of time within which to file Intervonors' Response to " Licensee's Motion for Summary Disposition of Intervonors' Contention (d); and Licensee's Statement of Material Facts as to which There in No Genuine Issue to be lleard with Respect to Intervenors' contention (d),"both filed September 20, 1985.

In support of this motion for extension of time, Intervenors would list the following factors for their late filing, as required by the " good cause" requirements o f Rule 2. 714 (a) :

(1) Intervonors' Counsel is a sole practioner, and the press of other business, which includes an Oral Argument on October 15, 1985, in a Federal case in which Counsel represents Intervenors; and a Federal brief due on October 16, 1985, in which Counsel represents Ms. Lorion, one of the Intervenors, interferes with his ability to adequately address the issues hjgi10160133 051000 g ADOCH 05000250 PDR y

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presented by the Licensee's Summary Disposition Motion.

Dr. Gordon Edwards, expert witness for the Intervenors, also has prior committments that would interfere with his ability to complete his affidavit by the due date.

(ii) There are no other means available to Intervenors whereby their interest will be protected from the licensing actions undertaken at the Turkey Point plant and sanctioned by the NRC Staff. There is no other litigation on the contested issue.

(iii) Intervenors prticipation through expert testimony and identification of genuine issues of fact, will assist in developing a sound record.

(iv) The Intervenors' interest will not be represented by existing parties, since they have a vested interest in the outcome of the proceedings and would not protect the public interest adequately.

(v) The Intervonors participation , and the filing of this Motion, will'not delay the proceedings, since a hearing date has already been set, and this motion will not adversely affect the hearing schedule.

Thus, the Intervonors have met the good cause requirements o f 2. 714 (a), and the dictates of 2.714 (a) , and request that the Board ex, tend the filing date for their Response to Licensee's Motion for Summary Disposition from October 15, 1985, to October 25, 1985.

The Counsel for Intervenors has contacted, Mitzi Young, Esquire, and sho has stated that she has no objection to the

e ( 3) the granting of this Motion. liarold P. Reis, attorney for the Florida Power & Light Company, states that he has no objection providing the granting of this motion does not modify or affect the schedule established for hearing.

Respectfully submitted, Ib " ~d ' '

-!'l Martin II. elodder 1131 N.E. 86 Street Miami, Pl. 33138 (305) 751-8706 Attorney for the Center for Nuclear Responsibility and Joette lorion Dated: October 8, 1985 6

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UNITED STATES OF AMERICA NUCLEAR REGU1J.TORYCCOMMISSION BEFORE Tile ATOMIC SAFyTY AND LICENSING BOARD In the Matter of 'e5 6;Lx2e TSf37 4 50-250 OLA-1 50-251 OLA-1 Florida Power & Light Company vane rusm  ;

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Turkey Point Units 3 & 4

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CERTIFICATE OF SERVICE I hereby certify that copies of Intervenors' Motion for Extension of T.ime to Respond To Licensee's Motion for Summary Disposition, were served on the following parties by deposit in the United States Mail, First Class, Postage Prepaid, on the date shown below.

Dr. Robert M. Lazo, Chairman Docketing & Service Section Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Emmeth A. Leabke Mitzi A. Young, Enquire Atomic Safety & Licensing Board Office of Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission s washington, D.C. 20555 Dr. Richard P. Cole Atomic Safety & Licensing Board - 1 J /

U.S. Nuclear Regulatory Commission J Washington, D.C. 20555 A [((, 'M, 'd '[ '

liarold F. Reis, Esquire Martin 11. Ilodde r Newman & IIoltzinger P.C. 1131 N.E. 86 Street 1615 L Street Nw Miami, Pl. 33138 Washington, D.C. 20036 (305) 751-8706 Attorney for the Center for Norman A. Coll, Esquire Nuclear Responsibility and Steel, licctor & Davis Joette Iorion 4000 SE Financial Center Miami, F1. 33131-2398 Dated: October 8, 1985 i