ML20235D657
| ML20235D657 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/02/1987 |
| From: | Mccarty M HERON, BURCHETTE, RUCKERT & ROTHWELL, TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC. (FORMERLY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20235D618 | List: |
| References | |
| OL, NUDOCS 8707100251 | |
| Download: ML20235D657 (6) | |
Text
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DOLEEiEr o m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t
'87 JUL -7 P 1 :40 Before the
- r; ATOMIC SAFETY AND LICENSING APPEAL: BOARD In the Matter of:
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Docket Nos. 50-445-OL TEXAS UTILITIES ELECTRIC
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50-446-0L COMPANY, INC., et al.
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(Comanche Peak Steam Electric)
Station, Units 1 and 2)
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MOTION OF TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC. FOR EXTENSION OF TIME TO RESPOND TO TUEC PETITION FOR DIRECTED CERTIFICATION Pursuant to sections 2.711 and 2.730(c) of the Commission's Rules of Practice, Tex-La Electric Cooperative of Texas, Inc. (" Tex-La") hereby requests an extension of time within which it may file a response to the June 19, 1987 pleading styled as " Applicant Texas Utilities Electric Company's Petition for Directed Certification of Licensing Board Order of March 12, 1987."
If said Petition is treated I
procedurally as a motion, responses would be due by July 6, 1987.
Tex-La requests that it be granted an extension until July 22, 1987 to submit its response, i
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ADOC O
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. Tex-La, a co-applicant with petitioner Texas Utilities Electric Company (TUEC) for a license to operate the Comanche Peak Eteam Electric Station, Units 1 and 2, is appearing specially herein through the undersigned counsel.
Generally Tex-La has been represented in these licensing proceedings by the counsel primarily responsible for prosecuting the license application on behalf of all the joint owner-applicants.
With respect to the subject petition, however, the lead licensing counsel, Ropes & Gray, appear exclusively on behalf of TUEC, whose interests in this matter are in conflict with those of Tex-La and the Comanche Peak plant's other minority owners.
TUEC's petition seeks review via directed certification of a discovery ruling by a panel of the Atomic Safety and Licensing Board (" Licensing Board").
While Tex-La is confident that the Appeal Board will find this matter i
thoroughly unsuitable for interlocutory review, the Board has i
nevertheless made clear that it expects a party opposing a request for directed certification to " include some discussion of the petitioner's claim of Licensing Board
. error " 1 In other words, a party such as Tex-La that responds in opposition to a petition for interlocutory review is expected to address not only the procedural shortcomings of such a request, but also the merits of petitioner's assertions of error.
In its petition, TUEC has alleged that the Licensing Board has violated, inter alia, TUEC's constitutional rights and established rules of discovery.
In order for Tex-La adequately to address these assertions, as well as the unsuitability of the matter for interlocutory review, the counsel appearing specially herein will require additional time beyond July 6 to prepare a response.
Given the press of other business for which the undersigned counsel is responsible, we believe an extension to July 22, 1987 is justified.
We are authorized to state that counsel for all other i
applicants and for intervenor CASE have indicated that they i
do not object to the requested extension.
NRC staff counsel 1
Virginia Electric and Power Co. (North Anna Power Station, Units 1 and 2), 18 NRC 371, 374 n. 3 (1983);
Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), 18 NRC 11, 14 n. 4 (1983).
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does not object to the requested extension, as long as staff is granted a commensurate extension.
For the foregoing reasons, Tex-La requests that it be granted an extension until and including July 22, 1987 to respond to TUEC's petition.
Respectfully submitted,
>A J 4864 William H. BurchetteY Foster De Reitzes Michael N. McCarty Heron, Burchette, Ruckert
& Rothwell Suite 700 1025 Thomas Jefferson St., N.W.
Washington, D.C. 20007 (202) 337-7700 Attorneys for Tex-La Electric Cooperative of Texas, Inc.
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Dated:
July 2, 1987 i
xtqp CERTIFICATE OF SERVICE gg JL -7 P1 :40 I, Michael N. McCarty, one of the attorneys for applicant cre.
Tex-La Electric Cooperative of Texas, Inc., herebyfcertify that on July 2, 1987, I made service of the within Notice of Special Appearance and Motion for Extension of Time by mailing copies thereof, postage prepaid, to:
Peter B. Bloch, Esquire Secretary Administrative Law Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Attn:
Chief, Docketing Commission
& Services Section Washington, D.C.
20555 Dr. Walter H. Jordan Mrs. Juanita Ellis Administrative Judge President, CASE 881 W. Outer Drive 1426 S. Polk Street Oak Ridge, TN 37830 Dallas, Texas 75224 Stuart A. Treby, Esquire Office of the Executive Ellen Ginsberg, Esquire Atomic Safety and Licensing Legal Director Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory i
Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Renea Hicks, Esquire Assistant Attorney General Environmental Protection Division P.O. Box 12548, Capitol Station Austin, Texas 78711 Chairman Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
I J Anthony Roisman, Esquire Mr. Lanny A. Sinkin Cohen Milstein & Hausfeld Christic Institute 1401 New York Ave., N.W.
1324 North Capitol Street Washington, D.C.
20005 Washington, D.C.
20002 Dr. Kenneth A. McCollom Mr. Robert D. Martin Administrative Judge Regional Administrator 1107 West Knapp Region IV Stillwater, OK 74075 611 Ryan Plaza Drive Suite 1000 Arlington, Texas 76011 Ms. Billie Pirner Garde Geary S. Mizuno, Esq.
Midwest Office Office of the Executive 3424 N. Marcos Lane Legal Director Appleton, WI 54911 U.S. Nuclear Regulatory Commission Maryland National Bank Bldg Room 10105 7735 Old Georgetown Road Bethesda, Maryland 20814 Elizabeth B. Johnson Nancy Williams Administrative Judge Cygna Energy Services, Inc.
Oak Ridge Naticaal Laboratory 101 California Street P.O. Box X, Building 3500 Suite 1000 Oak Ridge, Tennessee 37830 San Francisco, CA 94111 Robert A. Wooldridge, Esquire Worsham, Forsythe, Sampels Nicholas Reynolds, Esquire Bishop, Cook,
& Wooldridge Purcell & Reynolds 2001 Bryan Tower, Suite 3200 Dallas, Texas 75201 1200 17th Street, N.W.
Washington, D.C. 20036 Mr. W.G. Counsil Executive Vice President Texas Utilities Generating Co.
Skyway Tower, 25th Floor 400 N. Olive Street Dallas, Texas 75201 Mr. Thomas G. Dignan, Jr.
Ropes & Gray 225 Franklin St.
Boston, MA 02110 s
MTchael N. McCarty \\