ML20133H837

Motion for 10-day Extension of Time to Respond to Licensee 850920 Motion for Summary Disposition of Intervenor Contention.Served on 851015.Granted for ASLB on 851015 by RA Lazo

ML20133H837
Person / Time
Site:	Turkey Point
Issue date:	10/15/1985
From:	Hodder M CENTER FOR NUCLEAR RESPONSIBILITY, HODDER, M.H.
To:	Atomic Safety and Licensing Board Panel
References
CON-#485-787 84-496-03-LA, 84-496-3-LA, OLA, OLA-2, NUDOCS 8510180140
Download: ML20133H837 (3)

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'hRANTEb For the Atomic Safety and)'

N SERVED OCT 15 cy' Ucensing Board UNITED STATES OF AMERICA g g NUCLEAR REGULATORY COMMISSION fl wg r

\ Robert M. Lazo, Chapan /,

BEFORE THE ATOMIC SAFETY AND LICENSING. BOARD ',/ ,

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In the Matter of )

I Docket Nos. 50-250 OLA-l_.

Florida Power & Light Company

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50-251 OLAu2' I

Turkey Point Units 3 & 4 ASLBP Nos. 84-496-03 LA (Vessel Flux Redu'65icmf 15 P3 52

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

SUMMARY

DISPOSITION j Pursuant to Rule 2.711 (a), Intervenors, the Center for Nuclear Responsibility and Joette Lorion, motion that this Board l grant a 10 day extension of time within which to file Intervenors' Response to " Licensee's Motion for Summary Disposition of Intervenors' Con _tention (d); and Licensee's Statement of Material Facts as to which There is No Genuine Issue to be Heard 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 of Rule 2.714 (a) :

(i) Intervenors' 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, I

interferes with his ability to adequately address the issues

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I presented by the Licensee's Summary Disposition Motion.

Dr. Gordon uGsards, expert witness for the Intervenors, also

i 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 t

undertaken at the Turkey Point plant and sanctioned by the NRC Staff. There is no other litigation on the contestec issue.

(iii) Intervenors participation 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 Intervenors 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. .

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

l The Counsel for Intervenors has contacted, Mitzi Young, i l

Esquire, and she has stated that she has no objection to the I

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the granting of this Motion. Harold F. 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 4 ,

j the schedule established for hearing.

i l Respectfully submitted, ,

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t Martin H. Hodder 1131 N.E. 86 Street Miami, Fl. 33138  !

(305) 751-8706 l 2

Attorney for the  ;

r Center for Nuclear Responsibility -

and Joette Lorion l I

Dated: October 8, 1985  !

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