ML20154A937

Order (Ruling on Request for Extension of Time).* Motion for 30-day Extension to File Amended Petition to Intervene Denied.Petitioners Have Addl 11 Days Until 981030 to File Suppl to Petition.With Certificate of Svc.Served on 981002

ML20154A937
Person / Time
Site:	Oconee
Issue date:	10/01/1998
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, DUKE POWER CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#498-19592 98-752-02-LR, 98-752-2-LR, LR, NUDOCS 9810050047
Download: ML20154A937 (6)

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j/$Idi)I23 UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION USNRC i ATOMIC SAFETY AND LICENSING BOARD 98 DCT -2 A8

02 Before Administrative Judges:  !

OFFKi e: s r . ;.  !

B. Paul Cotter, Jr., Chairman UCUh . .I ' '

Dr. Richard F. Cole DJUOL[ J ' ~' #F Dr. Peter S. Lam , l 88WED OCT -21998 l

In the Matter of Docket Nos. 50-269/270/287 LR DUKE ENERGY CORPORATION ASLBP No. 98-752-02-LR 1 (Oconee Nuclear Station, I dnits 1, 2, and 3)

October 1, 1998 l

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ORDER (Ruling on Request for Extension of Time)

This Order rules upon the September 28, 1998 request by Petitioners, Chattooga River Watershed Coalition and Messrs.

Norman " Buzz" Williams, William " Butch" Clay, and W. S. Lesan

(" Petitioners"), . for an extension of 30 days to enlarge the time required to submit an amended petition to intervene.

Petitioners' request is opposed by both NRC staff and applicant, Duke Energy. Corporation.

The background to-the motion is as follows. On September 18, 1998, this Board iss'2ed a schedule which required Petitioners to address shortcomings in their initial petition and l

to submit amendments thereto by no later than September 30, 1998.

This Board also required that Petitioners file their proffered 9810050047 981001 PDR ADOCK 05000269 O PDR .

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w contentions for this proceeding by October 19, 1998. We stated i

i j in our September 18, 1998 Order that motions for extension of l time must demonstrate " unavoidable and extreme circumstances" i i l

that support permitting the extension.

The reason given by Petitioners for a 30 day extension was that they needed time to find and retain counsel so that they could adequately meet the legal requirements for intervention.

However, they did not explain why they had not retained counsel i

l earlier. They also referred to " unavoidable circumstances" for needing this additional time, but did not elaborate on what these circumstances were. These explanations are clearly insufficient to qualify as " unavoidable and extreme circumstances" for an extension of time required by our September 18, 1998 Order. In fact, indications are that " unavoidable circumstance" do not exist since Petitioners should have been put on notice by i

. staff's notice of opportunity for a hearing issued August 11, 1998 that they might have to retain legal counsel. For these i reasons, Petitioners' request for a 30 day extension to amend i

their intervention petition is denied.

Nevertheless, because Petitioners are pro se and are obviously unfamiliar with NRC licensing proceedings, we will 3

l Following this request, on September 30, 1998, Petitioners e-mailed this Board two amendments to their intervention t

petition. One of these amendments possibly mooted Petitioners' i

need for a 30 day extension since it stated that they did not i have funds available to retain counsel at that date.

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1 e revise the current schedule so that Petitioners will have some eleven days of additional time by allowing them until October 30, 1998 to supplement their intervention petition and furnish their contentions.2 This extension is in keeping with treatment recently extended to a petitioner seeking intervention in the Calvert Cliffs license extension proceeding where the Commission allowed a 20 day extension for Petitioners' experts to complete their review before submitting contentions. See Baltimore Gas Electric Comoany (Calvert Cliffs Nuclear Power Plant, Units 1 and 2), CLI-98-19, Slip Opinion at p. 2 (September 17, 1998). We note that this extension will not cause loss of time in the overall schedule in this proceeding. Applicant and staff shall l file responses to the Petitioners' supplement and contentions by November 16, 1998.

2 Petitioners are advised that they must strictly adhere to the requirements of 10 C.F.R. S 2.714 (b) (2) in framing their contentions. See " Statement of Policy on Conduct of Adjudicatory Hearings,"Section II.2 and 3, CLI-98-12, 48 NRC 18, 21-22 (1998). In addition, to establish the requisite injury in fact for establishing standing, Messrs. Williams, Clay and Lesan should state the distances (in miles) they reside from the Oconee facility and explain how the license amendment in question will adversely affect them. The Chattooga River Watershed Coalition should demonstrate its standing by obtaining affidavits from one of its members that the Coalition is authorized to represent the member and that the member lives or has activities in close enough proximity to the facility (stated in miles) to be adversely affected by the objected to license amendment. See Yankee Atomic Electric Co. (Yankee Nuclear Power Station), CLI-96-1, 43 NRC 1, 6 (1966): Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), LBP-92-27, 36 NRC 196, 199 (1992).

For all the foregoing reasons, it is, this 1" day of October ORDERED

1. That Petitioners' motion for a 30 day extension to file an amended petition to intervene is denied.

2. That Petitioners Chattooga River Watershed Coalition and Messrs. Williams, Clay and Lesan have an additional eleven days until October 30, 1998 to file a supplement to their petition to intervene containing all their proffered contentions. Applicant and NRC Staff shall file their responses on or before November 16, 1998.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

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h B.f Paul Cotter, '

Chairman Administrative e Rockville, Maryland October 1, 1998

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of DUKE ENERGY CORPORATION Docket No.(s) 50-269/270/287-LR (0conee Nuclear Station, Unit: 1, 2, and 3)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (.. EXTENSION OF TIME) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate B. Paul cotter, Jr., Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Peter S. Las Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Marione L. Zobler, Esquire Robert M. Weisman, Esquire Paul R. Newton, Esquire Office of the General Counsel Lisa F. Vaughn, Esquire Mail Stop 15 B18 Duke Energy Corporation U.S. Nuclear Regulatory Commission 422 South Church St. (Mail Code PB05E)

Washington, DC 20555 Charlotte, NC 28202 J. Michael McGarry, III, Esquire David A. Repka, Esquire Norman " Buzz" Williams Winston & Strawn 190 Mountain Cove Rd.

j 1400 L Street, N.W. Mountain Rest, SC 29664 j Washington, DC 20005 i

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O e e n l Docket No.(s)50-269/270/287-LR l LB ORDER (.. EXTENSION OF TIME)

William " Butch" Clay W. S. Lesan P.O. Box 53 P.O. Box 66 Long Creek, SC 29658 Long Creek, SC 29658 Chattooga River Watershed Coalition P.O. Box 2006 Clayton, GA 30525 l

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l Dated at Rockville, Md. this /  ;

2 day of.0ctober 1998 /- -

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/k) s  !

Offijce of the Secretary of the Consission l

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