ML20199D265

NRC Staff Motion for Extension of Time.* Staff Requests That Presiding Officer Grant Motion for 2-wk Extension Until 990212 as Date by Which Staff Response to Philippon Presentation Must Be Filed.With Certificate of Svc

ML20199D265
Person / Time
Site:	05532443
Issue date:	01/15/1999
From:	Hom S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#199-19911 SP, NUDOCS 9901200049
Download: ML20199D265 (4)

Text

, /99// 00CKETED USHRC January 15,1999 3 JM 15 P3 :23 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OD HL BEFORE THE PRESIDING OFFICER F

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In the Matter of )

) +

MICHEL A. PHILIPPON ) Do xet No. 55-32443-SP

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4 (Denial of Senior Reactor Operator )

License Application) )

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NRC STAFF'S MOTION FOR EXTENSION OF TIME By Order dated January 7,1999, the Presiding Officer established January 29,1999 as the date the NRC Staff's response to Mr. Philippon's written presentation is due. For the reasons discussed below, the Staff hereby moves for a two week extension to February 12,1999,by which it must submit its response.

DISC ('SSION Staff personnel who , responsible for the preparation of the Staffs response to Mr. Philippon's written presentation are, by coincidence, also responsible for the drafting of a response to another written presentation that has been filed in an ongoing unrelated reactor operator licensing case. The original schedule for that case was such that the Staff's response would have been filed there before Mr. Philippon's written presentation was to be filed in this matter, thus allowing the Staff to devote undivided attention to each case. However, due to the intervening holidays and the unavailability of certain members of the Staff, the original schedule for the first case was changed such that the Staff's response in that case is due today. Because 9901200049 990115 PDR MISC 9901200049 PDR ff

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ofits complexity, that response has consumed virtually all of the Staff's time up to this point.

Thus, although the Staff actually received Mr. Philippon's written presentation in hand on l

January 11,1999,' the Staff has been unable to devote any significant amount of time to it for the '

past week. In addition, the senior Staff official in Region 111 responsible for management review l 1

of Mr. Philippon's case will be out of the office on official business for the next two weeks.

Finally, the Staff has determined from a preliminary analysis of Mr. Philippon's written l presentation that the Staff's response will require a very substantial amount of preparation time.

The undersigned counsel for the Staff attempted to contact Mr. Philippon by telephone this date at the number (313 587-3037) listed on his November 23,1998 filing that provided his estimate of how long he would need to file a written presentation, but counsel received an >

" invalid number" message. Counsel then attempted to obtain a number from directory assistance, but was informed by the operator that no number was listed for Mr. Philippon in Carleton, l

Michigan, and that the number above was, in fact, invalid. Therefore, the Staff is unable to inform the Presiding Officer as to whether Mr. Philippon would object to the requested two week

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extension.

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' Counsel for the Staff received Mr. Philippon's written presentation, postmarked January 4,1999, on January 8,1999, and forwarded it by express mail to the Staffin Region III for delivery the following Monday.

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i CONCLUSION

. In consideration of the foregoing, the Staff requests that the Presiding Officer issue an order granting this Motion, thereby establishing February 12,1999, as the date by which the 1

Staff's response to Mr. Philippon's written presentation must be filed.

Respectfully submitted,

.% 0 Ste en R. Hom Counsel for NRC Staff Dated at Rockville, Maryland this 15th day of January 1999 1

1 I

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCXEIED USHRC BEFORE THE PRESIDING OFFICER In the Matter of ) W JAN 15 P3 :23

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MICHEL A. PHILIPPON Docket No. 55-3240

) , T'm cm

) ADJU:j"' ""- ': '

L (Denial of Senior Reactor Operator )

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! License Application) )

l CERTIFICATE OF SERVICE i T I hereby certify that copies of "NRC STAFF'S MOTION FOR EXTENSION OF TIME",

in the above-captioned proceeding have been served on the following by U.S. Mail, first class, or, as indicated by a single asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of January,1999:

Administrative Judge Adjudicatory File * (2)

Thomas S. Moore

• Atomic Safety and Licensing Board Presiding Officer Mail Stop: T-3 F23 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop T-3 F23 Washington,DC 20555  :

U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board FAX: 301-415-5595 Panel

• Mail Stop: T-3 F23 Administrative Judge U.S. Nuclear Regulatory Commission

' Dr. Charles N. Kelber* Washington,DC 20555 Special Assistant Atomic Safety and Licensing Board Secretary * (2) ,

Mail Stop T-3 F23 Attn: Rulemakings and '

U.S. Nuclear Regulatory Commission Adjudications Staff Washington, DC 20555 Mail Stop: OWFN-16 C1 U.S. Nuclear Regulatory Commission Michel A.Philippon Washington, DC 20555 13871 Capernall Road Carleton, MI 48117 Office of Commission Appellate ,

Adjudication *  !

Mail Stop: OWFN-16 C-1 U.S. Nuclear Regulatory Commission Washington,DC 20555

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Mven R. Hom Counsel for NRC Staff

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