ML20136H623
| ML20136H623 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 11/21/1985 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#485-281 OL, NUDOCS 8511250150 | |
| Download: ML20136H623 (4) | |
Text
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00LKETED November 21, 19T5
'85 NOV 22 P4:49 UNITED STATES OF AMERICA GFFICE F $LCdiA".
NUCLEAR REGULATORY COMMISSION 00CEllr4G 4 der:ViC' GRM!CH Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
DocketNos.50-440()[___
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
APPLICANTS' MOTION TO INCREASE PAGE l
LIMIT FOR APPEAL BRIEF Applicants request that the Appeal Board increase the page limit for its responsive brief from 70 pages to 120 pages.
Section 2.762(e) of the Commission's Rules of Practice provides that a party's brief on an appeal from an initial decision may not exceed 70 pages (exclusive of the table of
-contents, table of citations and addenda).
The rule permits a party to request an increase in the page limit for good cause.
The rule appears to establish the 70 page limit regardless of the number of different briefs to which a response must be made.
In the instant case, Applicants must respond to two separate appeals, each involving different sets of contentions.
i The brief filed by Ohio Citizens for Responsible Energy totaled 57 pages (in its smaller type); Sunflower Alliance's
[
brief is 27 pages long.
Had there been separate appeals of 8511250150 851121 DR ADOCK 05000 0
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separate initial decisions, Applicants would have been entitled to file a 70 page brief on each appeal.
While Applicants may not need 140 pages to adequately brief the issues raised in the two appeals, Applicants estimate that substantially more than 70 pages will be required to deal with the numerous subissues raised in the two appellant briefs.
For example, Sunflower Alliance's brief separately addresses 20 particularized contentions dismissed by the licensing board and eight others which were the subject of evidentiary hearings.
Applicants therefore respectfully request that a page limit of 120 pages be established.
Applicants will, of course, make every effort to keep the number of pages in their brief as low as reasonably achievable.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE
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- Silberg, P.
C.
Counsel for Applicants 1800 M Street, N. W.
Washington, D. C.
20036 (202) 822-1063 i
Dated:
November 21, 1985 - _ _ _
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i November 21,19ff5bETEr j
UShRC 1
'85 NOV 22 P4:49 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION LFF!Lt F blu.t.
CCCKEIlt4G 4 SEriVit i
Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing APPLICANTS' MOTION TO INCREASE PAGE LIMIT FOR APPEAL BRIEF were served by deposit in the United States Mail, first class, postage prepaid, this 21st day of November 1985, to all those on the attached Service List.
D Jay' S Liberg DATED:
November 21, 1985
e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
SERVICE LIST James P. Gleason, Chairman Atomic Safety and Licensing 513.Gilmoure Drive Appeal Board Panel Silver Spring, Maryland 20901 U.S. Nuclear Regulatory Commission' Washington, D.C.
20555-Jerry R. Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Glenn O. Bright Colleen Woodhead, Esquire Atomic Safety and Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Alan S. Rosenthal, Chairman Atomic Safety and Licensing Terry Lodge, Esquire Appeal Board Suite 105 I
U.S. Nuclear Regulatory Commission 618 N. Michigan Street Washington, D.C.
20555 Toledo, Ohio 43624 Dr. W. Reed Johnson Donald T. Essone, Esquire Atomic Safety and Licensing Assistant Prosecuting Attorney Appeal Board Lake County Administration Center U.S. Nuclear Regulatory Commission 105 Center Street Washington, D.C.
20555 Painesville, Ohio 44077 Mr. Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Board Panel
-Appeal Board U. S. Nuclear Regulatory Commission
.U.
S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D.C.
20555 John G. Cardinal, Esquire Ms. Sue Hiatt Prosecuting Attorney 8275 Munson Avenue Ashtabula County Courthouse Mentor, Ohio 44060 Jefferson, Ohio 44047 l
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