ML20137X059

Response Supporting Intervenors Motion to File Proposed Findings of Fact & Conclusions of Law on 860217,one Working Day Out of Time.Intervenors Unable to Meet 860214 Deadline Due to Illness of Expert Witness.Certificate of Svc Encl

ML20137X059
Person / Time
Site:	Turkey Point
Issue date:	02/28/1986
From:	Matt Young NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-289 OLA-1, NUDOCS 8603050187
Download: ML20137X059 (3)

Text

}fl Februarj 28, 1980 6

00cKETE0 USNRC UNITED STATES OF MfFRICA  : W N -4 N0 32 NUCLEAR REGULATORY COMMISSION 0

- BEFORE THE ATOMIC SAFETY AND LICENSING BOAPI[0Ck ~

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Bh!. MN.

In the Matter of )

) Docket Nos. 50-250 OLA-1 FLORIDA POWER & LIGIIT COMPANY ) 50-251 DLA-J

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(Turkey Pcmt Plant, Units 3 and 4) ) (Vessel Flux Reduction)

MRC STAFF GESPONSE TO INTERVENORS'

.'.f 0710N TO FILE PROPOSED FINptNGE OF FACT AND CONCLMSIONS OF LAW OUT OF TIME Py Ortier of February 5, 1936, the Board granted Intervenors' request for a two week extension of the time to file their prol ased findings and ccnclusions cf law in the captioned proceeding ar.d set February 14, 1986 as the new filmg deadhne for Intervencrs' findings.

On February 17, 1986, Intervenor.e nerved copies of their proposed findings by express nail accompanied by a motion F. which Intervenors rce,uest permission to file their proposed findings on February 17, 1986,

'* on e working day out of tim e. " Motion to File Intervenors' Proposed F:ndings of Fact and Conclusions of Law Out of Time, at 1. As good cause for the fMing delay, pursuant to 10 C.F.R. 6 2.711, Intervenors state thct they were unable to meet the February 14, 1986 deadline due to tite illness of their expert witness who assisted in the preparation of their findings. Id. at 2.

The Staff has read the riotion and believes that Intervenors have made a showing of good cause which is sufficient to justify the one 8603050187 PDR 860228 G

ADOCK 05000250 PDR

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, s 2-business day filing delay. Further, the Staff agrees that it has fict been i '

adversely affected by the late filing since Intervenors served their i

t findings by express mail. Accordingly, the Staff has no objection to

. Intervencrs' motion.

Respectfully submitted,

• Mit MQ Young Counsel for NRC Staff 1 Dated et Dethesda, Pfaryland this 28th day of February,19S6.

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DOCKETED

'JSNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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~BEFORE _THE ATO?lIC SAFETY AND LICENSING DOARD

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OF M .r .

. COCKLTI:s . *L::V c.

BfiAhC-In the Matter of ) .

) Docket Nos. 50-250 OLA-1 FLORIDA POWER AND LIGilT ) 50-251 OLA-1 CO1PANY )

)

(Turkey Point Plant, Units 3 and 4) ) (Vessel Flux,Reduct! )

CERTIFICATE OF SERVICE ,

I hereby ceriffy that copies of "NBC STAFF RESPONSE TO INTER-VENORS' MOTION TO FILE PROPOSED FJNDINGS OF FACT AND CONCLMJONS OF LAW OUT OF TIME" in the above-captioned pt'oceeding have been served on the following by deposit in the United States mali, '

first class, or ss indicated by an astcrfsk, by deposit in the Nuclear Regulatory Comcission's internal man sy. stem, this 28th day of February, 1960;

• Df. Robert M. Lezo, Chaienan Norman A . Coll, Esq, Administratf*/e Judge Steel, liector & Dav{s Atomic Safety and Licensing Board 4000 Southeast Financial Center U.S. Nuclear Regu! story Commission Miami, FL 33131-2398 Washington, DC 20555

• Atomic Safety and Licensing Board

• Dr. Emmeth A. Luebke U.S. Nuclear Regulatory Commission Aciminietrative Judge Washington, DC 20555 Atomic Er.fety and Licensing Anord U.S. Nuclear Regulatory Commission ' Atomic Safety and Licensing Washington, DC 20555 Appeal Board (8)

U,13. Nuticar Regulatory Comnjssion

• Dr. . Richard F. Cole Washington, DC 20555 Administrative Judge Atomic Safety and Licer. sing Board

• Docketing & Service Section U.S. Nucicar Regulatovy Commission Office of the Secretary Washington, DC 200F- U.S. Nuclear Regulatory Commission Washington, DC 20555 Harold F. Reis, Esq.

Newman & HoltzinFer, P.C. Joette Lorion 1613 L St., NW 7269 SW 54th Avenue Washington, DC 20036 Miami, FL 33L13 Martin H. Hodder Esq. >

1131 N. E. 86th Street

• Miami, FL 33138 /

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F Couhel for NPC Staff