ML20237A400

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Order.* Applicant Motion to Postpone Time for Filing Answer to Numerous & Lengthy Proffered Contentions Contained in Supplemental Intervention Petition of ED Dienethal Granted. W/Certificate of Svc.Served on 980813
ML20237A400
Person / Time
Site: Zion  File:ZionSolutions icon.png
Issue date: 08/13/1998
From: Moore T
Atomic Safety and Licensing Board Panel
To:
COMMONWEALTH EDISON CO.
References
CON-#398-19415 98-744-04-LA, 98-744-4-LA, LA, NUDOCS 9808140025
Download: ML20237A400 (4)


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lW6 00CKETED l-UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

% AUG 13 P2 :58 Before Administrative Judges:

OFF G Cf SFr ' w Thomas S. Moore, Chairman RULF M r....r,JJ Dr. Jerry R.

Kline ADJUDCAm.d STAFF Frederick J.

Shon Docket Nos. 50-295/304-LA In the Matter of ASLBP No. 98-744-04-LA COMMONWEALTH EDISON COMPANY (Zion Nuclear Power Station, August 13, 1998 Units 1 and 2)

SERVED 85131998 ORDER l

The Applicant, Commonwealth Edison Company, has filed a motion to postpone the time for filing its answer to the numerous and lengthy proffered contentions contained in the supplemental intervention petition of the Petitioner, Edwin D. Dienethal.

The Applicant seeks an extension of time until after the Licensing Board rules on the Petitioner's standing to intervene.

The Applicant argues that filing an answer to the proffered contentions at this time is inefficient and imposes substantial unnecessary costs upon the Applicant because~the Board might rule that the Petitioner lacks standing thereby obviating the Applicant's need to respond to the Petitioner's contentions.

The NRC Staff concurs in the Applicant's motion and requests similar relief.

The Petitioner opposes the Applicant's motion.

In light of the length and complexity of the Petitioner's proffered contentions and the corresponding time,. effort, and expense 9808140025 990813

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t n the Applicant and the Staff will incur in filing answers to them at this time, the Board finds that the most efficient manner of proceeding is to postpone the filing of answers to the Petitioner's contentions until after the Applicant and the Staff file their replies addressing the standing issue and the Board rules upon that issue.

Accordingly, the Applicant's motion is oranted.

If necessary, the Board will issue a. subsequent scheduling order.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD tihuG4 ml Thomas S.

Moore, Chairman Administrative Judge Rockville, Maryland August 13, 1998 l

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I

In the Matter of COMMONWEALTH EDISON COMPANY Docket No.(s) 50-295/304-LA (Zion Nuclear Power Station, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER GRANTING MOTION have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge j

Office of Comission Appellate Thomas S. Moore, Chairman l

Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Frederick J. Shon Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Robert M. Weisman, Esq.

Michael I. Miller, Esq.

Office of the General Counsel Sidley and Austin Mail Stop 15 B18 One First National Plaza U.S. Nuclear Regulatory Comission Chicago, IL 60603 Washington, DC 20555 David W. Jenkins, Senior Counsel Robert E. Helfrich, Senior Counsel Commonwealth Edison Company Edwin D. Dienethal Law Department Room 1535 8354 47th Court 125 South Clark Street, P.O. Box 767 Kenosha, WI 53142 Chicago, IL 60603 I

Docket No.(s)50-295/304-LA LB ORDER GRANTING MOTION Dated at Rockville, Md. thi' 13 day of August 1998 Off h

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