ML20237E507

Motion for Leave to File Response of NRC Staff to Appeal of Sierra Club from ASLB Memorandum & Order of 870902 & Initial Decision of 870911,1 Day Late.* W/Certificate of Svc

ML20237E507
Person / Time
Site:	Diablo Canyon
Issue date:	12/15/1987
From:	Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#487-5138 OLA, NUDOCS 8712290035
Download: ML20237E507 (4)

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. DecembpgcS;5;E(1987 USHRC UNITED STATES OF AMERICA 17 08C 16 Pj:I2 NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICENSINGAPPEd[IidAMD"lJg BRANCH In the Matter of )

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PACIFIC GAS AND ELECTRIC ) Docket Nos. 50-275 OLA COMPANY ) 50-323 OLA l

) l (Diablo Canyon Nuclear Power ) (Spent Fuel Pool)

Plant Units 1 and 2) )

MOTION FOR LEAVE TO FILE RESPONSE l OF NRC STAFF TO APPEAL OF SIERRA CLUB FROM THE LICENSING BOARD'S MEMORANDUM i L AND ORDER OF SEPTEMBER 2, 1987, AND INITIAL l DECISION OF SEPTEMBER 11. 1987. ONE DAY LATE l

By Order communicated to the Staff on December 14, 1987, the Appeal Board advised that the Staff's response to the appeal of l the Sierra Club in the above captioned matter had been filed one day late. The Staff was further advised that if it wanted its arguments to be considered, a motion for leave to file its untimely pleading should be made. Such motion should set forth the cause of the Staff's lateness and indicate whether the other parties to the proceedings object or consent to the grant of the motion.

The Staff in calculating the time that it had to respond to the Sierra Club's pleading incorrectly calculated that it had until December 11, 1987. Not until the Secretary to the Appeal Board advised on December 14, 1987, that the pleading had been filed one day late was the Staff aware of its error in calculation. Counsel for the Applicant, Pacific Gas and Electric a[k22 DO h pso1

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Company, and Counsel for the Intervenor, Sierra Club, have advised that they-have no objection to this Motion.

Accordingy, the Staff hereby moves that the Appeal Board grant the Staff leave to file its response to the Sierra's Club's appeal in this matter one day late. The Staff regrets any inconvenience to the Appeal Board and parties that may have been caused by its error in calculating its response date.

Respectfully submitted, r

( *1/ .

t ,7 Benjamin H. Vogler Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 15th day of December, 1987.

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9 DOLMETEC USNRC UNITED STATES OF AMERICA NUCLEAR RECUl.ATORY COMMISSION

'87 OEC 16 P4 :12 BEFORE Tl1E ATOVIC SAFETY AND LICENSING APPEAL BOARD OFFICE CF SicntIAsy DOCHEimG & 'iERVICE in the Matter of ) BRANCH

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PACIFIC CAS AND ELECTRIC ) Dockbt Kos.'

50-275 OLA COMPANY ) 50-323 OLA

)

(Diablo Canyon Nuclear Power Plant, ) (Spent Fuel Pool)

Units 1 and 2) )

4 CERTIFICATE OF' SERVICE I hereby certify that copies of " MOTION FOR LEAVE TO FILE RESPONSE OF NRC STAFF TO APPEAL OF SIERRA CLUB FROM THE LICENSING BOARD'S MEMORANDUM AND ORDER OF SEPTEMBER 2,1987, AND INITIAL DECISION OF. SEPTEMBER 11, 1987, ONE DAY LATE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, or as indicated by a double asterisk by hand-delivery, this 15th day of December, 1987.

B. Paul Cotter, Jr., Chairman Bruce Norton, Esq.

Administrative Judge c/o R. F. Locke, Esq.

Atomic Safety and Licensing Board Panel Pacific Gas and Electric Co.

U.S. Nuclear Regulatory Commission P.O. Box 7442 Washington, D.C. 20555* San Francisco, CA 94120 Clenn O. Bright Nancy Culver Administrative Judge 192 Luneta Street Atomic Safety and Licensing Board Panel San Luis' Obispo, CA 93401 U.S. Nuclear Regulatory Commission Washington, D.C. 20555* Mrs. Jacquelyn Wheeler San Luis Obispo Mothers for Peace Dr. Jerry Harbour 3033 3arranca Court Administrative Judge San uJis Obispo, CA 93401 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.' 20555* Richard F. Locke, Esq.

(77 Beale Street, 31st Floor)

Richard E. Blankenburg P.O. Box 7442 Co-publisher San Francisco, CA 94120 (94106)

Wayne A. Soroyan, News Reporter South County Publishing Company P.O. Box 460 4

Arroyo Grande, CA 93420

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Docketing and Service Section Mr. Lee M. Gustafson ,

Office of the Secretary Pacific Cas and Electric Co. i U.S. Nuclear Regulatory Commission Suite 1100 I Washington, D.C. 20555* 1726 M Street, N.W.

Washington, D.C. 20036-4502 Atomic Safety and Licensing Dr. Richard Ferguson Board Panel Vice-Chairman U.S. Nuclear Regulatory Commission Sierra Club -

Washington, D.C. 20555* Rocky Canyon Star Route Creston, CA 93432 Atomic Safety and Licensing Appeal Board Panet Laurie McDermott, Co-ordinator U.S. Nuclear Regulatory Commission C.O.D.E.S.

Washington, D.C. 20555** 731 Pacific Street Suite #42 Managing Editor San Luis Obispo, CA 93401 San Luis Obispo County Telegram-Tribune Olan M. Gruenelch, Esq.

1321 Johnson Avenue Marcia Preston, Esq.

P.O. Box 112 LAW OFFICE OF DIAN M. GRUENElCH San Luis Obispo, CA 93406 380 Hayes Street. Suite 4 .'

San Francisco, CA 94102 l

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, Benjamin H. Vogler Senior Supervisory Trial Attorney 1

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