ML20197J897

NRC Staff Request for Extension of Time to File Response to Sp O'Hern Written Presentation.* Staff Requests That Motion for Extension of Time Until 990115 to File Written Presentation Be Granted.With Certificate of Svc

ML20197J897
Person / Time
Site:	Fermi, 05532442
Issue date:	12/14/1998
From:	Uttal S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#498-19805 99-753-01-SP, 99-753-1-SP, SP, NUDOCS 9812160024
Download: ML20197J897 (4)

Text

r l/97o5 December 14,1998 l -

DOCKETED .

I USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

% DEC 15 Pl2:05 BEFORE THE PRESIDING OFFICER ~~

l OF In the Matter of ) AkT5 '

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) Docket No. 55-32442-SP SHAUN P. O'HERN )

) ASLBP No. 99-753-01-SP (Denial of Reactor Operator's )

License)

NUCLEAR REGULATORY COMM.'SSION STAFF'S l I

REQUEST FOR EXTENSION OF TIME TO FILE RESPONSE TO SHAUN P. O'HERN'S WRITTEN PRESENTATION l

BACKGROUND On September 22,1998, Shaun P. O'Hern, an applicant for a reactor operator's license, filed a request for hearing on the denial of his license application, pursuant to 10 C.F.R. ( 2.103(b)(2).

On October 8,1998, the Presiding Officer and Special Assistant were appointed. On October 19, 1998, the Presiding Officer issued his Memorandum and Order (Establishing Schedule for the Case)

(Order), which required, inter ali.2, Mr. O'Hern to file his written presentation within thirty days of receipt of the NRC staff's (Staff) Hearing File. The Staff is required to file its written presentation within 20 days of receipt of Mr. O'Hern's written presentation. The Staff filed the Hearing File on November 20,1998. Mr. O'Hern's written presentation, dated December 7,1998, was received by the Staff on December 11,1998. The Staff's written presentation is due to be filed by December 31,1998.

The Staff hereby requests an extension of time to file its written presentation to January *..>,

1999, pursuant to 10 C.F.R. Il 2.1203(d) and 2.711.

9812160024 981214 PDR 0 ADOCK 05000341 PDR

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, 2 DISCUSSION The Staff is requesting an extension of time, until January 15, 1998, to file its written presentation in response to Mr. O'Hern's written presentation. The extension is being requested due to the scheduled leave of Staff who are necessary to the preparation of the Staff's written l l presentation, the intervening holidays and the early filing of Mr. O'Hern's written presentation.

l Based on the time limitations specified in the Order, the Staff did not anticipate filing its written presentation until the second week of January,1999.' Thus, the Staff did not consider previously scheduled end-of-year annual leave and holidays to be an impediment to timely filing of its written presentation. Both Staff members who are essential to the preparation of the Staff's response will be on leave for portions of the applicable twenty day period (headquarters Staff will be on leave until January 4,1999 and regional Staff will be on leave from December 19,1998 to January 4,1999). In addition, there are intervening holidays. The Staff is asking for an extension of time of approximately two weeks, until January 15, 1998.

The Commission's regulations, permit the extension of time limits upon a showing of good cause. See 10 C.F.R. Il 2.711 and 2.1203(d). The Staff submits that the unavailability of necessary Staff under these circumstances constitutes good cause for the requested extension of time.

Staff counsel spoke to Mr. O'Hern and advised him of the Staff's intention to file this motion.

Mr. O'Hern stated that he has no objection to the requested extension.

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' Based on service of the Hearing File on Mr. O'Hern by first class mail on November 20, l

1998, the due date for the filing of Mr. O'Hern's written presentation was estimated to be December 23,1998. Mr. O'Hern filed his written presentation more than two weeks prior to the expiration of the time limit set in the Order. .

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CONCLUSION l

l Based upon the foregoing, the Staff respectfully requests that its motion for an extension of 1

time until January 15,1999 to file its written presentation be granted. )

i Respectfu su 'tted,

/ j san L. ttal j Counsel for NRC Staff Dated at Rockville, Maryland this 14* day of December 1998 l

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f' UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION I 00CKETED l

'SNI?C BEFORE THE PRESIDING OFFICER In the Matter of )  % DEC 15 Pl2:05

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SHAUN P. O'HERN ) Docket No. 55-32442-SP OFFS -

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(Denial of Reactor Operator's License )

ASLBP No. 99-753-01-SgDJUL : .

4 Application) ) l CERTIFICATE OF SERVICE I hereby certify that copies of the " NUCLEAR REGULATORY COMMISSION STAFF'S REQUEST FOR EXTENSION OF TIME TO FILE RESPONSE TO SHAUN P.

O'HERN'S WRITTEN PRESENTATION," in the above-captioned proceeding has been served on the following by U.S. Mail, first class, or, as indicated by a single asterisk, by hand delivery, or, as indicated by double asterisks, through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of December 1998:

Administrative Judge Adjudicatory File (2)"

Peter B. Bloch** Atomic Safety and Licensing Board Presiding Officer Mail Stop: T-3 F23 Atomic Safety and Licensing Board US Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D. C. 20555 US Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Board FAX: 301-415 5595 Panel *

• Mail Stop: T-3 F23 Administrative Judge US Nuclear Regulatory Comndssion Richard F. Cole ** Washington, D. C. 20555 Special Assistant Atomic Safety and Licensing Board Secretary * (2)

Mail Stop: T-3 F23 Attn: Rulemakings and US Nuclear Regulatory Commission Adjudications Staff Washington, D. C. 20555 Mail Stop: OWFN 16 C1 US Nuclear Regulatory Commission Shaun P. O'Hern Washington, D. C. 20555 3504 Iroquis Monroe, Michigan 48162

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Office of Commission Appellate Adjudication" /

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Mail Stop: OWFN 16 C-1 l-l US Nuclear Regulatory Commission Susan L. Uttal Washington, D. C. 20555 Counsel for NRC Staff