ML20149E497
| ML20149E497 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 05/10/1994 |
| From: | Kohn M KOHN, SAVETT, MARION & GRAF |
| To: | |
| References | |
| CON-#294-15042 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9405310138 | |
| Download: ML20149E497 (4) | |
Text
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/$0h 00CXETED MapfiE}C 1994 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'94 t1AY 13 A9 :31 ATOMIC SAFETY AND LICENSING BOARD 0FFIM OF SECRETARY
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50-424 STNSI;FRV!M 00CKETJ!iG&i In the Matter of
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Docket Nos.
GEORGIA POWER COMPANY
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50-425-OLA-3 e_t; AL.,
)
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Re: License Amendment (Vogtle Electric Generating
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(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 NOTICE OF FILING On May 10, 1994, Judge Bloch's law clerk, Ms. Joyce McDow, Esq., advised the below-signed of a communication she had with Mr.
Lamberski concerning a request for continuance.
At that time I advised Ms. McDow of a letter previcusly transmitted to counsel to Licensee confirming Intervenor's agreement for a continuance and Judge Bloch's law clerk indicated that she would appreciate receiving a copy of Intervenor's correspondence.
A copy of the attached letter was transmitted, via facsimile, to Judge Bloch's law clerk on May 10, 1994.
Respectfully submitted,
/A V '~
Michael D.
Kohn Kohn, Kohn & Colapinto, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 301\\brief.1 l
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ATTORNEYS AT LAW S17 FLORIDA AVENUE NW WASHINGTON. DC 20001-1850 (202) 234-4663. F AX (202} 462-4145 MCHAEL 0 KCHN.+
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Via Facsimile David R.
Lewis, Esq.
Shaw, Pittman, Pitts & Trowbridge 2300 N Street, N.W.
Washington, D.C.
20037 Re:
Vogtle Electric Generating Plant, Units 1 & 2 License Amendment (Transfer to Southern Nuclear)
ASLBP No. 69-671-01-OLA-3 Docket Nos. 50-424-OLA-3; 50-425-OLA-3
Dear David:
I am writing to response to your phone call to me today requesting a continuance to file a
response to Intervenor's pleadings filed on May 6,
1994.
You indicate that you are requesting additional time to respond because of difficulties in obtaining fax transmissions.
I wish to point out that the first document transmitted included a certificate of service for all three documents and that the cover page to the fax transmissions includes a phone number to call if you are having difficulty receiving a
fax (I
also note that in the middle of the transmissions, Mr. Lamberski transmitted a 13 page fax to me which interrupted the faxing process; that there was difficulty in reaching Judge Carpenter's fax machine; and NRC Staff's fax machine would not respord on no less than six separate attempts).
Today you first advised me that you would like an extension, which I agreed not to oppose if you could file by close of business on May 16, 1994.
You then advised me that, with this extension, you may still file a motion to strike.
I am concerned that, afte:
you received the certificate of service indicating that three documents were to be served last Friday that you waited until Tuesday to tell me that you did not receive by fax all three documents.
Had your office called and_ reported a problem with the transmission on Friday or Monday my of fice would have responded immediately to correct the problem.
I also note that if you needed.
the documents and the delay in fax transmissions posed a problem, it would have been easy for my office to arrange for hand-delivery of the docurc.ents last Friday (of course, your. office could have sent down a courier to pick up the documents as you have done any no less than half a dozen occasions in the past).
e-O
a*
Page 2 Kohn to Lewis May 10, 1994 Intervenor does not oppose a continuance to include the last date in which your office or Mr. Lamberski received a document.
Please let me know the escliest date and time either.you or Mr.
Lamberski received each of the three documents transmitted and I-will gladly agree to consent to an extension based on the latest day to respond to the motion transmitted.
If you do not wish to provide this information, I will gladly agree to an extension of time to until close of business on Monday, May 16, 1994.
If it were not for the fact that the ASLB conference is scheduled for May 19th, I would not hesitate to extend the filing date.
I also note that Intervenor had three days to file and, based on your filing responses on May 16th, Licensee will have a significantly longer amount of time to file responsive pleadings (10 days compared to three).
Finally, should you decide to file a motion to strike, I.
request that you forward a copy of this letter when you make your filing.
' Sincerely yours,
/tA -
Michael D.
Kohn cc:
Charles Barth 1
.i~
CERTIFICATE OF SERVICE O
I hereby certify that a copy of the foregoing Notice of Filing was served on May 10, 1994 by first class ' mail on th3y f lgi 4 :31 (and by-facsimile on those persons designated with an "*"
- Administrative Judge OFFICE 0r SECRE TARY DOCMETING & 3ERVICE Peter B.
Bloch, Chair Atomic Safety and Licensing Board BRANCH U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Administrative Judge James H.
Carpenter 933 Green Point Drive Oyster Point Sunset-Beach, NC 28468 Administrative Judge Thomas D. Murphy Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Charles A.
Barth, Esq.
Office of General Counsel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- John Lamberski, Esq.
Troutman Sanders Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216
- Ernest L.
Blake, Jr.
David R.
Lewis SHAW, PITTMAN, POTTS &
TRO;?BF.IDGE 2300 N Street, N.W.
Washington, D.C.
20037 Office of the Secretary Attn: Docketing and Service U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 office of Commission Appellate Adjudication U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 By:
Michael D.
Kohn