ML20236D312
| ML20236D312 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/15/1989 |
| From: | Baxter T GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#189-8310 OLA, NUDOCS 8903230051 | |
| Download: ML20236D312 (6) | |
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'89 MR 20 P3 :54 U %,f UNITED STATES OF AMERICA UEN NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
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GPU NUCLEAR CORPORATION
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Docket No. 50-320-OLA l
)
(Disposal of Accident-(Three Mile Island Nuclear
)
Generated Watec)
Station, Unit 2)
)
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LICENSEE'S ANSWER TO JOINT INTERVENERS'
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MOTION FOR EXTENSION OF TIME TO FILE l
R BRIEF ON APPEAL On February 3, 1989, the Atomic Safety and Licensing Board's Final Initial Decision in this Operating License Amendment pro-ceeding was served upon the parties.
See GPU Nuclear Corp.
(Three Mile Island Nuclear Station, Unit 2), LBP-89-7, 29 N.R.C.
__ (Feb.
2, 1989).
In the Order portion of its Final Initial Decision, the Licensing Board set out the schedules, prescribed by 10 C.F.R.
S 2.762, for filing any notice of appeal and the subsequent supporting and responsive briefs.
Id.,
slip op. at 102-03.
On February 21, 1989, Joint Interveners Susquehanna Valley Alliance and Three Mile Island Alert filed a notice of appeal, a motion to the Atomic Safety and Licensing Appeal Board for a stay under 10 C.F.R. S 2.788, and comments with the Commission 8903230051 890315 n
40 PDR ADOCK 05000320
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opposing an immediate effectiveness determination.
Joint Inter-venors' brief in support of their appeal is due to'be filed'on Thursday, March 23, 1989.
1 Today Licensee received "SVA/TMIA Motion for Extension of Time to File a Brief in Support of Request for an Appeal in the Matter of the Disposal of 2.3 Million Gallons of Radioactive 1
l Water at THI, Unit 2," dated March 11 and served on March 13, 1
1989.1/
Joint Interveners seek an extension of two weeks --
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1.e.,-until April 6 -- to file the brief in support of their appeal.
Because of'the pending motion by Joint Interveners to stay the Licensing' Board's decision, Licer.3ee must oppose the motion for extension of time.
The harm to Licensee and the disservice to the public; interest if a stay pending appeal were granted would be exacerbated if the appellate process is lengthened as well at Joint' Interveners' request.E!
See Licensee's Answer Opposing Joint Interveners' Motion for a Stay, March 8, 1989, at 9-10.
1/
The motion was not served by any expedited means, and was filed without prior notice or consultation.
In these circum-stances, the risks and consequences of an adverse ruling are entirely of Joint Interveners' own making.
2/
In contrast, it would be more appropriate for the proponent of a stay to offer to comply with an expeditious briefing of the merits on appeal, so that the effects of a stay on the other par-ties would be minimized.
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- 9-1 Further, the motion fails to demonstrate good cause for the j
requested extension.
If Ms. Skolnick's " vacation had been i
i planned for many months prior to receipt of the Final Initial Decision," then Joint Interveners should have anticipated the briefing. schedule dictated by the decision once it issued and prepared accordingly.E#
Joint Interveners do not explain why the l
time available from issuance of the decision until Ms. Skolnick's vacation, the resources of the two organizations during Ms.
'Skolnick's absence, and the acknowledged "13 days" after Ms.
Skolnick's vacation are not adequate for the preparation of.their appellate brief on time.
For the foregoing reasons, Licensee GPU Nuclear Corporation opposes Joint Interveners' extension motion.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Thomas A.
- Baxter, P.C.
Counsel for Licensee 2300 N Street, N.W.
Washington, D.C.
20037 (202) 663-8090 Dated:
March 15, 1989 1/
Joint Interveners, for example, were able to file a number of pleadings on February 21 and 27, while Ms. Skolnick was on vacation. ;
g conliU v >hi c March'15, 1989
'89 MAR 20 P3 54 i
l UNITED STATLd.0F AMERICA jf[!.h d j.M;..
NUCLEAR REGULATORY COMMISSION ggaNc4 l
i l
\\
L BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD l
InLthe Matter'of-
)
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.GPU NUCLEAR CORPORATION
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Docket No. 50-320-OLA
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(Disposal of Accident-
-(Three' Mile Island Nuclear.
)
Generated Water)
Station, Unit 2)
)
CERTIFICATE OF SERVICE I hereby certify.that copies of " Licensee's Answer to Joint Interveners' Motion for Extension ~of' Time to File Brief on.
Appeal" were served.'this 15th day of March, 1989,-by hand 1
delivery upon the parties identified with'one asterisk, and by U.S.. mail, first class, postage prepaid, upon the other parties
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identified on the attached Service List.
l Thomas A.
- Baxter, P.C.
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__z___1_______
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
GPU NUCLEAR CORPORATION
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Docket No. 50-320-OLA
)
(Disposal of Accident-(Three Mile Island Nuclear
)
Generated Water)
Station, Unit 2)
)
SERVICE LIST
- Thomas S. Moore, Esquire Dr. Oscar H.
Paris Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Po;.rd Panel U.S. Nuclear Regulatory U.S. Ncclear Regulatory Commission Washington, D.C.
20555 Commission
+
Washington, D.C.
20555 Stephen H.
Lewis, Esquire
- Christine N.
Kohl, Esquire Colleen P. Woodhead, Esquire Atomic Safety and Licensing Office of the General Counsel Appeal Panel U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Docketing and Services Branch i
i Secretary of the Commission
- Mr. Howa rd A.
Wilber U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Panel U.S. Nuclear Regulatory Adjudicatory File Commission Atomic Safety and Licensing Board Washington, D.C.
20555 Panel Docket U.S. Nuclear Regulatory Commission Peter B.
Bloch, Esquire Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Richard P. Mather, Esquire U.S. Nuclear Regulatory Department of Environmental Commission Resources Washington, D.C.
20555 Commonwealth of Pennsylvania 505 Executive House Mr. Glenn O.
Bright Harrisburg, Pennsylvania 17120 Atomic Safety and Licensing Board Panel Ms. Frances Skolnick U.S. Nuclear Regulatory 2079 New Danville Pike Commission Lancaster, Pennsylvania 17603 Washington, D.C.
20555 t
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n c.
Ms. Vera L.
Stuchinski 315 Peffer Street Harrisburg, Pennsylvania 17102 Mr. Lee H.
Thonus U.S. Nuclear Regulatory Commission P.O.
Box 311 Middletown, Pennsylvania 17057 l
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