ML20151R502

Answer to Intervenor 860131 Motion for Extension of Time to File Proposed Findings of Fact & Conclusions of Law.Motion Not Opposed Despite Being Filed Late & Recurring Problems W/Transmittal of Matls to G Edwards.W/Certificate of Svc

ML20151R502
Person / Time
Site:	Turkey Point
Issue date:	02/04/1986
From:	Bauser M FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-965 84-496-03-LA, 84-496-3-LA, OLA-1, NUDOCS 8602060100
Download: ML20151R502 (4)

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BEFORE THE ATOMIC SAFETY AND LICENSING BOA DoctrTmG& b

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' In the Matter of ) Docket Nos. 50-2 50 OLA-1

) 50-251 OLA-1 FLORIDA POWER AND LIGHT COMPANY )

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(Turkey Point Plant, ) ASLBP No. 84-496-03 LA Units 3 and 4) ) (Vessel Flux Reduction)

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LICENSEE'S ANSWER TO INTERVENORS' MOTION FOR EXTENSION OF TIME TO FILE PROPOSED FINDINGS OF FACT AND CONCLUSIGNS OF LAW On Monday, February 3, 1986 Licensee received a

" Motion for Extension of Time to File Intervenors' Proposed Findings of Fact and Conclusions of Law," dated January 31, 1986. As filed, the motion is deficient in two respects.

First, it is late. Motions for extensions of time are to be transmitted in sufficient time to be in the hands of the Board no later than the day before the substantive document is due. E.g.,.

Louisiana Power & Light Co. (Waterford Steam Electric Station, Unit 3), ALAB-ll7 6 AEC 261 (1973).

Nevertheless, the Intervenors' motion for an extension was not filed and served by regular mail until January 31, 1986, the date the proposed findings and conclusions, themselves, were due. See Tr. 910.

Second, the motion offers as partial justification for-the grant of an additional two weeks of time the fact that "Dr. Gordon Edwards, who has.just recently 8602060100 860204 -

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2 received all the materials necessary to properly prepare the Proposed Findings of Fact and Conclusions of Law, has informed Intervenors that he would need additional time . . . . Motion, p. 2. Delay in the transmittal of materials to Dr. Edwards has been a recurring problem in this proceeding -- about which Intervenors have been cautioned by the Board -- and should not be allowed to justify continuing delays.

In spite of its deficiencies, however, Licensee will not oppose Intervenors' motion. This assumes, however, that implicit in the motion is a request that any extension granted Intervenors will, likewise, be provided to the NRC Staff and Licensee for their remaining findings and conclusions, and reply, respectively.

Respectfully submitted, Norman A. Coll 0>J^ 99* 8-Michael A. Bauser Steel, Hector & Davis 4000 Southeast Newman & Holtzinger, P.C.

Financial Center 1615 L'*3t., N.W.

Miami, Florida 33131-2398 Washington, D.C. 20036 (305) 577-2800 (202) 955-6600 February 4, 1986

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NUCLEAR REGULATORY COMMISSION FEB - 51986 BEFORE THE ATOMIC SAFETY AND LICENSING BO U. ,d$$[2 Uxx hua A k?

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In the Matter of ) Docket Nos. 50-250 OLA-1

) 50-251 OLA-1 FLORIDA POWER AND LIGHT COMPANY )

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(Turkey Point Plant, ) ASLBP No. 84-496-03 LA Units 3 and 4) ) (Vessel Flux Reduction?

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CERTIFICATE OF SERVICE I hereby certify that copies of Licensee's Answer to Intervenors' Motion for Extension of time to File Proposed Findings of Fact and Conclusions of Law, dated February 4, 1986, were served on the following by deposit in the United States mail, first class, postage prepaid and properly addressed, on the date shown below.

Dr. Robert M. Lazo, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20505 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Richard F. Cole ~

Atomic Safety and Licensing Board Panel U.S. Nuclear Gegulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section (Originals plus two. copies)

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Mitzi A. Young, Esc Office of Executiv- uegal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Norman A. Coll, Esq.

Steel, Hector & Davis 4000 Southeast Financial Center Miami, FL 33131-2398 Martin H. Hodder, Esq.

1131 N.E. 86th Street Miami, FL 33138 Dated this 4th day of February, 1986.

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Michael A. Baus r Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Telephone: (202) 955-6669