ML20140B483
| ML20140B483 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/31/1981 |
| From: | Campbell L UTILITY WORKERS UNION OF AMERICA |
| To: | |
| Shared Package | |
| ML20140B471 | List: |
| References | |
| NUDOCS 8109140206 | |
| Download: ML20140B483 (4) | |
Text
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AFFIDA?IT OF LAURA J.
CAMPBEL7 STATE OF MICHIGAN )) ss COUNTY OF WAYNE
)
LAURA J. CAMPBELL, being first duly sworn, deposes and says:
l.
I am one of the attorneys for the Utility Workers Union of America and for the Michigan State Utility Workers Council (Union), the exclusive collective bargaining representa-tive for the licensed operators at the Palisades nuclear power facility located in Covert Township, Michigan.
I am one of the attorneys representing the Union in their request for a hearing before the Nuclear Regulatory Commission, Docket No. 50-255-SP.
2.
The failure of the
- Union, through the undersigned as counsel, to file a timely Notice of Appeal from the Atomic Safety and Licensing Board's July 31, 1981, Order in this matter was not due to the culpable negligence or lack of diligence of the Union.
The failure to timely file was rather the result of an unfortunate misunder-standing and misapprehension with regard to the computation of j
the time limits provided by Commission procedural regulations for filing of an appeal.
3.
Specifically, the July 31, 1981 Memorandum and Order of the Atomic Safety and Licensing Board was received on either August 4 or August 5, 1981.
The copy of tha Memorandum
-and Order originally received was misplaced and has not been found.
For this reason I contacted, by telephone, NRC Staff 8109140206 810831 PDR ADOCK 05000255 G
. ~. _ _ _ _ _ _ _ _.. _ --_
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e.
Attorney Ronald Mount Cnd Atomic Safety and Licensing Board Chairman, Administrative Judge Elizabeth. Bowers dering the week of August 10, 1981.
Attorney Mount and Judge Bowers each sent an additional copy of the Memorandum and Order.
4.
During the course of my telephone conversation with Attorney Mount we discussed the fact that the ten-day deadline for appeals from the Atomic Safety and Licensing Board under 10 CFR S2.714(a) is subject to a five-day grace period for mailing under 10 CFR 52. ~10.
We did not, however, discuss when the 15" day period commenced or wnen the appeal in the instant matter would be due.
5.
I calculated that the Atomic Safety and Licensing Appeal Board had to receive for filing the Notice of Appeal and brief with 15 days from receipt of the Order on August 14, 1981.
Pursuant to this erroneous belief, I had the Notice of Appeal and brief sent by overnight express mail from this office on August 18,
-1981, so that it would be received for filing by the Appeal Board on August 19, 1981.
Upon knowledge and belief, the appeal was received by the Appeal Board on August 19, 1981, within fif teen days of the receipt of the July 31, 1981, Memorandum and Order.
6.
The failure to timely file the appeal involved no willfull negligent conduct, but was the result of an honest mistake and an unfortunate misapprehension regarding the ap-
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e.
plications of Commission procedural rules governing appeals from Atomic Si
-ty and Licensing Board decisions.
FURTHER DENONENT SAYETH NOT.
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v LAURA J.
CAMPBELL i
l Subscribe and sworn y/, urm.4, 19 81.
beforp me day of,,
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Notary Public, Qqu
~ j County, Michigan' f
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L7 SITED STATES OF AMERICA NCCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING' APPEAL BOARD In the Matter of CONSUMERS POMER COliPANY Docket No. 50-255 (EA 81-18)
(Palisades Nuclear Power Facility)
/
PROOF OF SERVICE STATE OF MICHIGAN )) ss COUNTY OF WAYNE
)
MARY ROBERTS, being 'irst duly sworn, deposes and says that she is employed by th.. law firm of MARSTON, SACHS, NUNN, KATES, KADUSHIN & d' HARE, P.C.,
attorneys for Union, and that on the 31st day of August, 1981, she served a true copy of Response of Union to Order to Show Cause Why Appeal Should Not Be Dismissed and Affidavit of Laura J.
Campbell upon the defendant in the above cause by mailing same to the attorney of record, in a sealed envelope, plainly addressed to:
Judd Bacon Ronald Mount, Esq.
Attorney for Consumers Stephen G.
Burns, Esq.
212 W.
Michigan Avenue Karen D. Cyr, Esq.
Jackson, Michigan 49201 Counsel for NRC Staff Office of Executive Legal Staff
)
Mail Stop 9604 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 and by depositing said envelopes in a U.S.
mail receptacle with postage fully prepaid thereon.
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A i) /$u' MARY - ROBERTS Subscrib.ed and sworn j;o before me
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this
.N # day of S w,w g, 1981.
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