ML20137B875

Grants Suffolk County Motion for Extension Until 850930 for Filing Brief in Support of Appeal of ASLB 850417 Partial Initial Decision.State of Ny Brief Remains Due on 850830. State Must File Own Motion for Extension.Served on 850821

ML20137B875
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/20/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	NEW YORK, STATE OF, SUFFOLK COUNTY, NY
References
CON-#385-289 OL-3, NUDOCS 8508220161
Download: ML20137B875 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

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Alan S. Rosenthal, Chairman bgddl2J0gggp5 i Gary J. Edles Howard A. Wilber 0Fric gr A C:n ..

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

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ORDER Suffolk County has moved for a furthe ;nsion to September 30, 1985 of the time within which to file its brief in support of its appeal from the Licensing Board's April 17, 1985 partial initial decision.1 For good cause shown, and in the absence of any objection,2 the motion is granted.

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1 LBP-85-12, 21 NRC 644.

Insofar as the NRC staff is concerned, the motion represents that its consent is conditioned upon our providing it "at the appropriate time" with an " equivalent" extension of the time for the filing of its brief. Such a condition is plainly inappropriate. See August 5, 1985 order in Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2), Docket Nos. 50-352 and 50-353 OL (unpublished). As the staff was informed in that order, "if

[it) needs an extension, it is generally obliged, as are other parties, to request one and to justify it." Once the County's brief is on file, the staff will have the ,

opportunity to explain to us why (if such be the case) it (Footnote Continued) fh O

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2 It does not appear that the motion was filed on behalf of the State of New York as well. In any event, none of the reasons assigned by the County in support of the requested extension has any application to the State. Thus, this order has no effect upon the. time for the filing of the State's brief in support of its appeal from the April 17 partial initial decision. That brief remains due on August 30, 1985. If the State desires an extension, it must file its own motion containing the requisite showing of goed 3

cause.

It is so ORDERED.

FOR THE APPEAL BOARD Q .b--Sh _. M -

C.Jg;tnSHoemaker Secre ary to the Appeal Board (Footnote Continued) will be unable to file its responsive brief within the forty-day period provided it by 10 CFR 2.762 (c) .

3 Any such motion must be in the hands of this Board no later than August 29. See Appendix A to 10 CFR Part 2, Section IX(d) (4) . .