ML20150B561
| ML20150B561 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 10/16/1978 |
| From: | Roisman A National Resources Defense Council |
| To: | Hand C, Lazo R, Luebke E Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7811010395 | |
| Download: ML20150B561 (2) | |
Text
.
J2 O Natural Resources Defense Council, Inc.
917 15TH STREET, N.W.
j W' PCDUC DOCBfD2 ROOM wAsutscToN, o,c. ::ooo5 i
202 737-3000
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l New York o@ct Western o@ce 15 YAL4 8TREET
!82 E^sT 4:3o stazzt i!;'
a u.TO, CAUF. 9 4 306 October 16, 1978 m Yo**. N Y 5 *o 4 lis 327-to80 2 2 949-0049 j
i 1 l Robert M. La::o, Esq., Chairman j I l
Atomic Safety and Licensing Board Panel
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i U.S. Nuclear Regulatory Commission p*
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Washington, D.C.
20555
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Dr. Cadet H. Hand, Jr., Director i
Bodega Marine Laboratory g$ j
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Post Office Box 247 Bodega Bay, California 94923 y
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S Dr. Emmeth A. Luebke j
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Atomic Safety and Licensing Board Panel Qij;#;
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
4 Gentlemen:
t On behalf of the Natural Resources Defense Council, we oppose the letter request of applicant to respond on the i
day of the prehearing conference to the contentions
- cf intervenors.
This allows intervenors no opportunity to prepare to meet any objections to the contentions.
If applicant wishes to have its objections to the contentions heard at the October 24 prehearing conference, it should j
have its objections to the contentions in the hands of intervenors no later than 5:00 p.m. on October 19th.
Absent meeting that filing date, we oppose addressing any objec-tions by applicant to intervenor contentions on October 24th and request that we be given five days from receipt of those objections -- excluding October 24th -- to file a written response.
- /
Consistent with the rule of the Cenetission, objections Io contentions must be limited to objections to form.
A contention may not be rejected on the merits until after it has been admitted as a procedurally valid contention.
Ducuesne Licht Comeany (Beaver Valley), ALAB-109, 6 NRC 243, 244-45.
At ena t:.me tne parties opposing contentions on the merits have access to, inter alia, the procedures of 10 CFR S 2.749 to seek to reject a contention en purely legal grounds going to the merits of the contention.
Id.
l 78M010?A f 1
n soc.!ed Paper V
1
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t-Messrs. Lazo, Hand and '.,uebke October 16, 1978 Page Two-
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Without this opportunity to respond, interveners will be deprived of their rights to due process.
We wish to emphasize that contentions -were filed. by us on October 6, and applicant has had more than ample opportunity to raise any objections to those cohtentions.
i f Sincerely, i
II 4
Anthony f.. Roisman cc:
all persons on service list 4
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Natural Resources Defense Council,Inc.
i 917 15TH STREET, N.W.
j WASHINGTON, D.c. cooo5 j
1 2cs 737-5000 b
Netu l'Ork o$ct Westent ofet 122 E^st 4:so stazzt 15 YALE 3TREET u.To, cat:r 9,3o6 October 16, 1978 m vonE. 3 r mot 7 115 327-4080 212 049-0049 C
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I*
Robert M. Laco, Esq., Chairman 4
Atomic Safety and Licensing Board Panel i
M U.S. Nuclear Regulatory Commission A*
of i.
Washington, D.C.
20555 7
Dr. Cadet H. Hand, Jr., Director il
$[ %
Ecdega Marine Laboratory
[l Post Office Box 247.
ll' h <;[e y
j Bodega Bay, California 94923
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9 Dr. E=meth A. Luebke j
Atemic Safety and Licensing Board Panel is# #
U.S. Nuclear Regulatory Ccemission Washington, D.C.
20555 f
.1
'l Gentlemen:
- I Cn behalf of the Natural Resources Defense Council, t) we oppose the letter request of applicant to respond en the day of the prehearing conference to the contentions
- of i
interveners.
This allows intervenors no cpportunity to prepare to meet any objections to the contentions.
If applicant wishes to have its objections to the contentiens heard at the October 24 prehearing conference, it should have its cbjections to the contentions in the hands of interveners no later than 5:00 p.m. cn Octcher 19th.
Absent meeting that filing date, we oppose addressing any objec-tiens by applicant to intervenor cententions on October 24th and request that_we be given five days from receipt of those objections
- excluding October 24th -- to file a written response.
- / Consistent with the rule of the Ccemission, objections to cententions must be limited to objections to form.
A centention may not be rejected en the merits until after it has been admitted as a procedurally valid contention.
Ducuesne Licht Company (Beaver Valley), ALAB-109, 6 NRC 243, 244-45.
At enac
.tme the parties opposing contentions en the meries have access to, inter alia, the procedures of 10 CFR 5 2,749 te seek to reject a contentien en. purely
'.egal grounds going to the meri s of the contention.
M.
i reded Paper
'i e
Messrs. Lazo, Hand and Luebke October 16, 1978 Page Two t
Without this opportunity to respond, intervenors
.j l will be deprived of their rights to due process.
We wish i !
to emphasize that contentions were filed by us en October 6, and applicant has had more than ample cpportunity to raise
- l any objections to those cohtentions.
l l{
, J Sincerely, l ! !
i.
s 4,(l Anthony [*'/ Ro'isman E
/
4 cc:
all persons on service list 4
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i
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