ML20136E561

Request for Extension of Time Until 860131 to Respond to Applicant 851220 Motions for Summary Dispositions. Certificate of Svc Encl

ML20136E561
Person / Time
Site:	Braidwood
Issue date:	12/31/1985
From:	Berry G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-669 OL, NUDOCS 8601070053
Download: ML20136E561 (5)

Text

41 h December 31, 1985 c

UNITED STATES OF AMERICA NUCLEAR PEGULATORY COMMISSION gg D{

BEFORE THE ADMIC SAFETY AND LICENSING BOARQ N -3 p3 gg In the Matter of ) or ._

) GC$gh? O D.d !

J COMMONWEALTH EDISON COMPANY ) Docket Nos. 50 '4!6f'ig' bj/W;s .

) 50-457 (Braidwood Station, Units I and 2 )

NRC STAFF REQUEST FOR EXTENSION OF TIME TO RESPOND TO APPLICANTS' MOTIONS FOR

SUMMARY

DISPOSITION

1. INTRODilCTION On December 20, 1985, Applicant filed Motions for Summary Dispositions in the above-captioned proceeding. In its filing, Applicant seeks summary disposition with respect to fourteen subparts of Intervenors' amended quality assurance contention. At present, the Staff's respcnse to these motions is scheduled to be filed on January 9, 1986. As explained below, there is good cause for the Lird to grant the staff a three week extension of time, or until Jr.isuary 31, 1986, to respond to Applicants' Motions for Summary Disposition.

II. DISCllSSION Applicant seeks summary disposition with respect to fourteen subparts of Intervenors' amended quality assurance contention. In view of the twenty-day period for responding to such motions provided by 10 C.F.R 9 2.749(a), the Staff will be required to devote, on average, less than two days to each of the subparts sought to be disposed of summarily. Because of commitments of Staff counsel and technical 8601070053 851231 PDR ADOCK 05000456 f h\)

O PDR

s personnel,in this and other proceedings, it is not practicable for the Staff to file its responses within the twenty-day time period allotted by the Commission's Rules of Practice.

Moreover, the Staff notes that under the hearinp schedule adopted by the Board on October 23, 1985, the parties are afforded thirty-eight (38) days to respond to summary disposition motions. MC onsequently, if the Board were to grant the requested extension, no prejudice to Applicant or Intervenors would result. This is because granting the request would afford the Staff approximately the same amount of time to respond as is

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cortemplated under the existing hearing schedule. In addition, in view of Applicant's revised fuel load date of September 1986 for Braidwcod Unit I, the parties are agreed that the March 1986 scheduled hearing date no longer is necessary and are in the process of negotiating a revised hearing schedule to be submitted to the Board for its approval.

The Staff has discussed this reouest with counsel for Applicant and Intervenors and is authorized to represent that neither of the other parties oppcses this request, y Under the hearing schedule adopted by the Board, summary disposition motions were to be filed by December ?, 1985 and responses to such motions by January 10, 1985. '

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III. CONCLUSION For the reasons set forth above, the Board should extend until January 31, 1986, the Staff's deadline for filing responses to Applicants' Motions for Summary Disposition.

Respectfully submitted, t- I h $6 7 Gregory / lan er ry j Counsel uor N : Staff k Dated at Bethesda, Maryland this 31st day of December 1985

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t UNITED STATES OF AMERICA

. NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456

) 50-457 (Braidwood Station, Units 1 and 2 )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF REQUEST FOR EXTENSION OF TIME TO RESPOND TO APPLICANTS' MOTIONS FOR

SUMMARY

DISPOSITION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, deposit in the Nuclear Regulatory Commission's internal mail system (*), this 31st day of December, 1985:

Herbert Gror; man, Esq., Chairman

• Commonwealth Edison Company Administrat'ive Judge ATTN: Cordell Reed Atomic Safety and Licensing Board Assistant Vice President U.S. Nuclear Regulatory Commission P.O. Box 767 Washington, '1C 20555 Chicago, IL 60690 Dr. A. Dixon Callihan Region III Administrative Judge U.S. Nuclear Regulatory Commission 102 Oak Lane Office of Inspection & Enforcement Oak Ridge, TN 37830 799 Roosevelt Road Glen Ellyn, IL 60137 Dr. Richard F. Cole

• Joseph Gallo, Esq.

Administrative Judge Isham, Lincoln & Beale Atomic Safety and Licensing Board Suite 840 U.S. Nuclear Regulatory Cc;nmission 1120 Connecticut Avenue, N.W.

Washington, DC 20555 Washington, DC 20036 Michael I. Miller, Esq. Robert Guild, Esq.

Elena Z. Kezelis, Esq. 109 North Dearborn Street Isham, Lincoln & Beale Suite 1300 Three First National Plaza Chicago, IL 60602 Suite 5200 Chicago, IL 60602

S Douglass W. Cassel, Jr., Esq. Atomic Safety and Licensing Board Timothy Wright, Esq. Panel

• 109 North Dearborn Street U.S. Nuclear Regulatory Commission Suite 130 Washington, DC 20555 Chicago, IL 60602 Erie Jones, Director Atomic Safety and Licensing Appeal Illinois Emergency Services Board Panel

• and Disaster Agency U.S. Nuclear Regulatory Commission 110 East Adams Washington, DC 20555 Springfield, IL 62705 Lorraine Creek Docketing and Service Section*

Route 1, 182 Office of the Secretary Manteno, IL 60950 U.S. Nuclear Regulatory Commission Washington, DC 20555 H. Joseph Flynn, Esq. Ms. Bridget Little Rorem Associate General Counsel 117 North Linden Street FEMA Essex, IL 60935 500 C Street, S.W. Suite 480 Washington, DC 20740 George Edgar, Esq.

Newman, Poltzinger 1615 L Street, N.W.

Suite 1000 Washington, DC 20036 A11 A/1) '

Gr) )6r Al an Be'rry

- ~

Cohnsel for NRC Staff