ML20133L069

Motion for Extension of 1-day for Filing & Delivery of Statement of Position Re Proposed License Condition.Delay in Filing Caused by Preoccupation W/Response to Intervenor Interrogatories by 850809 Deadline

ML20133L069
Person / Time
Site:	Braidwood
Issue date:	08/07/1985
From:	Gallo J COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20133L073	List: ML20133L069 ML20133L080
References
CON-#385-164 OL, NUDOCS 8508120486
Download: ML20133L069 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) 000EETED

) Docket Nos. 50-4 56CL- "

COMMONWEALTH EDISON COMPANY ) 50-457

)

(Braldwood Nuclear Power

)

'85 AUG -9 A10:57 Station, Units 1 and 2) )

GFFiO c :U; -

C OLD ' ": J < Ei MOTION FOR LEAVE TO FILE OUT-OF-TIME Commonwealth Edison Company (" Applicant") through its counsel, moves the Atomic Safety and Licensing Board

(" Licensing Board") to enter an Order permitting the filing and delivery of the attached " Statement of Position Regarding a Proposed License Condition" one day late. In support of the Motion, Applicant states:

1. The Licensing Board by its Order of July 16, 1985 sought the views of the parties with respect to a proper license condition that might be imposed in the event the Board were to grant Applicant's Motion for Summary Disposition on Neiner Farms' Contention 1, the 765 kV transmission line issue.

The Licensing Board urged that the parties attempt to reach agreement on such a condition. August 6, 1985 was set by Board Order as the deadline for reporting agreement among the parties, or failing agreement, for furnishing the respective positions of the parties. Under the Board's Order, the appro-priate pleadings were to be in the hands of the Board and parties by 5:00 p.m., August 6, 1985.

8508120486 850807 PDR ADOCK 05000456 G PDR

, 2. The undersigned counsel, the attorney responsible for handling this issue on behalf of the Applicant was aware of the August 6, 1985 deadline. However, due to pre-occupation with the ongoing effort to respond to Intervenors' interrogatories by the August 9, 1985 deadline, counsel mistakenly thought until 3:30 p.m. CST, that Wednesday of this week was the sixth day of August. This misperception was not discovered in time to effect timely delivery of Applicant's Statement of Position.

The foregoing is not offerred as an excuse but rather as an explanation to assure the Licensing Board that the failure to file in a timely manner did not constitute a willful dis-regard of the Board's deadline. Counsel is, of course, mindful that vigorous adherence to the Board's deadlines is both expected and required.

3. The tardy filing should cause only a modest delay, if any, on the issuance of the Licensing Board's decision in this matter. Any such delay would not prejudice the position of any party; nor would any party be prejudiced by the grant of the Motion.

For the reasons stated, the Motion should be granted.

Respectfuily submitted, ISHAM, LINCOLN & BEALE BY Ohe of the Attorneys for COMMONWEALTH EDISON COMPANY Joseph Gallo ISHAM, LINCOLN & BEALE 1120 Connecticut Avenue, N.W.

Suite 840 Washington, D.C. 20036 (202) 833-9730 Dated: August 7, 1985 l