ML20148J851

Motion for Leave to File Out of Time Reply to Intervenor'S Motion for Order Staying LWA Appeal. Counsel Erroneously Assumed Response Was Due by 781101,rather than 781027 IAW 10CFR2.788

ML20148J851
Person / Time
Site:	Black Fox
Issue date:	11/01/1978
From:	Davis L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Shared Package
ML20148J855	List: ML20148J851 ML20148J858
References
NUDOCS 7811160158
Download: ML20148J851 (2)

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NRQ PUBLIC DOCUMENT 106M / SSE 74 Y,

UtlITED STATES OF AMERICA -

W SOg i NW r NUCLEAR REGULATORY COMMISSION d Y",

ge S BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD To G

4 w In the Matter of )

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PUBLIC SERVICE COMPANY OF OKLAHOMA )

ASSOCIATED ELECTRIC COOPERATIVE, INC. ) Docket Nos. STN 50-556 AND ) STN 50-557 WES1tRN FARMERS ELECTRIC COOPERATIVE, )

INC. )

)

1 (B lackTox Station, Units 1 and 2) )

MOTIOt FOR LEAVE TO FILE OUT OF TIME REPLY TO INT 2RVEN0RS' MOTION FOR ORDER STAYING LWA APPEAL For the reasons to be set forth below the NRC Staff requeC s leave of this Appeal Board to file this reply out of time.

By motion dated October 12, 1978, Intervenors moved this Appeal Board to stay the Limited Work Authorization authorized by a Partial Initial Decision, dated July 24, 1978. Under the. provisions of 10 CFR 62.788(d) replies by other parties are due within ten days after service. Thus the NRC Staff response would have been due on October 27, 1978.

When Intervenors' motion ..as received by the NRC Staff in Bethesda, the undersigned NRC Staff counsel, who had the lead responsibility for this proceeding, was in attendance at the public hearing on the Black Fox Station application in Tulsa, Oklahoma. The other NRC Staff attorneys assigned to this proceeding were also in Tulsa.

l 781116015% '

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'Upon return to Bethesda, the undersigned Staff counsel scanned the -l backlog of m5il, inciuding the Intervenors' motion. During this .j hurried scan of the motion, counsel failed to distinguish this .i motion filed under the requirements of 10 CFR 52.788 from u routine motion  !

filed under 10 CFR 12.730. As a-consequence, counsel assumed that the response time requirements of 10 CFR 52.730 were applicable which would call for an NRC Staff response on or before November 1, 1978.

Acceptance of this late filed response should not unduly prejudice any party.

Accordingly, the NRC Staff moves this Appeal Board for leave to file this reply cut of time. -

l Respectfully submitted, 1

P b+ f L. Dow Davis Counsel for NRC Staff ,

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Dated at Bethesda, Maryland

! this 1st day of November, 1978

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