ML20237B650

Order.* Staff Must File Motion for Leave to File Untimely Brief in Response to Sierra Club Appeal in License Amend Proceeding by 871216.Brief Will Be Rejected If No Motion Filed.Served on 871215

ML20237B650
Person / Time
Site:	Diablo Canyon
Issue date:	12/14/1987
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#487-5078 OLA, NUDOCS 8712170035
Download: ML20237B650 (2)

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DOLKE TEC- I UNITED STATES OF AMERICA 093RC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD 17 EI 15 21 :30 i

Administrative Judges: OFFICE Of SECRtlAnY 00CKEllNG A SEfevlCf.

Alan S. Rosenthal, Chairman December 14,83967 Christine N. Kohl Howard A. Wilber SERVED DEC 151981

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In the Matter of )

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PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275-OLA

) 50-323-OLA (Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) )

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ORDER We have just received the NRC staff's brief in response to the Sierra Club's appeal in this license amendment proceeding. The certificate of service for the staf f's brief indicates that it was mailed on December 11, 1987.

Under the Commission's Rules of Practice, the staff's brief is late.1 Further, there is no accompanying motion seeking leave to file the untimely brief and explaining why it is late. See 10 C.F.R. Part 2, Appendix A, S IX(d) (4); Kansas Gas and Electric Co. (Wolf Creek Generating Station, Unit No. 1), ALAB-424, 6 NRC 122, 125 (1977) (time limits in Rules of Practice are entitled to respect; untimely As the staff's brief acknowledges - (at 1, 9), the Sierra Club's brief was filed on October 26, 1987. Under 10 C.F.R. SS 2.762 (c) , 2.710, 2.712, the staff's brief should have been deposited in the mail no later than December 10, 1987, or 45 days after October 26.

8712170039 DR g,,g,4 g ADOCK 05000275 PDR D Y

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documents must be tendered with motion for leave to file with explanation of reason for lateness). This case has been expedited (see Commission Order of November 25, 1987 (unpublished)) and we intend to issue our decision as soon ]

as possible. Thus, if the staff wants us to give consideration to its arguments, we expect to receive a motion for leave to file its untimely brief no later than 4:00 p.m. Wednesday, December 16, 1987. Such motion should explain the cause of the staff's tardiness and indicate whether the other parties to the proceeding object or consent to the grant of the motion. If no motion is filed, the staff's brief will be rejected.

It is so ORDERED.

FOR THE APPEAL BOARD I

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b. Usewnkc C. Jefn Shoemaker Secretary to the Appeal Board 1

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2 i The contents of this order were communicated to staff l counsel's secretary by telephone this morning.

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