ML20154B769
| ML20154B769 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 02/27/1986 |
| From: | Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#186-263 OL, NUDOCS 8603040390 | |
| Download: ML20154B769 (5) | |
Text
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BEFORE THE ATOMIC SAFETY AND LICEMSING APPEAL BOARD In the Matter of
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CAROLINA POWER & LIGHT COMPANY
)
and NORTH CAROLINA EASTERN
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Docket No. 50-400 OL MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power
)
Plant)
)
APPLICANTS' MOTION FOR EXTENSION OF TIME TO REPLY TO APPEAL FROM PARTIAL INITIAL DECISION ON EMERGENCY PLANNING CONTENTIONS On February 5, 1986, Applicants received a copy of " Appeal from Partial Initial Decision on Emergency Planning Conten-tions," dated January 30, 1986.
If Applicants' reply brief is to be filed thirty (30) days after actual receipt, the reply would be due on or before March 7, 1986.
Applicants hereby move that the schedule for filing their reply brief be extended to March 17, 1986.
The principal basis for the extension request is that counsel have been required to prepare for a reopened hearing, before the Licensing Board in this proceeding, on an emergency planning issue (Eddleman 57-C-3).
Since February 5, there have been several prehearing conferences, witness subpoena requests to which Applicants responded, testimony pre-filed on February 18 and 21, and technical consultation with witnesses in 8603040390 860227 PDR ADOCK 05000400 G
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'a preparation for hearings on March 4 and 5.
Further, Applicants
'will need to propose the expeditious filing of proposed find-ings with the Licensing Board.
In addition to our normal workload with other NRC proceedingc, the seasonal flu has side-tracked counsel for a number of days.
We would also note that while appellant's brief is short, it is largely lacking in citations to the record and a readily understandable description of the purported error.
Appellant's brevity actually has increased the time necessary to prepare a reply on the large number of issues appealed.
j The undersigned has discussed this motion with_Mr.
Eddleman, who has no objection.
The NRC Staff likewise does not object to the motion, provided that the Staff is granted a similar extension -- i.e., until March 27, 1986 -- to file its reply brief.
Respectfully submitted,
- = -
i Thomas A.
- Baxter, P.C.
~~
SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1090 Richard E. Jones Dale E. Hollar CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 i
(919) 836-8161 Counsel for Applicants Dated:
February 27, 1986 _
i February 27 9
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UNITED STATES OF AMERICA 2
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NUCLEAR REGULATORY COMMISSION f-DocmnN2 s 2
SERVICE EPANC3 Y
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOA
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l In the Matter of
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CAROLINA POWER &' LIGHT COMPANY
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and NORTH CAROLINA EASTERN
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Docket No. 50-400 OL l
MUNICIPAL POWER AGENCY
).
)
(Shearon Harris Nuclear Power
)
Plant)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion for Extension of Time to Reply to Appeal From Partial Initial Deci-sion on Emergency Planning Contentions" were served this 27th day of February, 1986, by deposit in the U.S.. mail, first class, postage prepaid, to the parties on the attached Service List.
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Thomas A.
- Baxter, P.C.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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CAROLINA POWER & LIGHT COMPANY
)
Docket No. 50-400 OL and NORTE CAROLINA EASTERN
)
MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power
)
Plant)
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SERVICE LIST i
Thomas S. Moore, Esquire Charles A. Barth, Esquire i
Chairman Janice E. Moore, Esquire Atomic Safety and Licensing Office of Executive Legal Director Appeal Board U.S. Nuclear Regulator'y Commissiot; U.S. Nuclear Regulatory Conaanission Washington, D.C.
20555 g-Washington, D.C.
20555 Docketing and Service Section Dr. Reginald L. Gotchy Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Commission:
Appeal Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Daniel F. Road, President CHANGE Mr. Howard A. Wilber P.O. Box 2151 Atomic Safety and Licensing Raleigh, North Carolina 27602 Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John D.
Runkle, Esquire Conservation Council of James L. Kelley, Esquire th r
e Road A
afety and Licensing Board Chapel Hill, North Carolina 27514 U.S. Nuclear Regulatory Comunission W9shington, D.C.
20555 M. Travis Payne, Esquire i
Edelstein and Payne P.O. Box 12607
[3m Saf ty a Licensing Board Raleigh, North Carolina 27605 U.S. Nuclear Regulatory Comunission Washington, D.C.
20555 Dr. Richard D. Wilson 729 Hunter Street Dr. James R. Carpenter Apex, North Carolina 27502 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission riashington, D.C.
20555
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Bradley W. Jones, Esquire U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street Atlanta, Georgia 30303 Mr. Robert P.
Gruber Executive Director Public Staff - NCUC P.O.
Box 991 Raleigh, North Carolina 27602 H. A. Cole, Jr., Esquire Special Deputy Attorney General 200 New Bern Avenue Raleigh, North Carolina 27601 Jcseph Flynn, Esquire FDIA 500 C Street, S.W.,
Suite 480 Washington, D.C.
20740 Steven Rochlis, Esquire Regional Counsel FDIA 1371 Peachtree Street, N.E.
Atlanta, Georgia 30309 Richard E.
Jones, Esquire Carolina Power & Light Company P.O.
Box 1551 Raleigh, North Carolina 27602 Dr. Linda W.
Little Governor's Waste Management Board 513 Albemarle Building 325 North Salisbury Street Raleigh, North Carolina 27611 Mr. Wells Eddleman 812 Yancey Street Durham, North Carolina 27701 b