ML20237E689

Motion for Leave to File Response of NRC Staff to Appeal of Sierra Club from Licensing Board Memorandum & Order of 870902 & Initial Decision of 870911,1 Day Late.* Motion Should Be Granted.Certificate of Svc Encl

ML20237E689
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-#487-5134 OLA, NUDOCS 8712290127
Download: ML20237E689 (3)

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} D:cember 15, 1987 I-DOCKETED UNITED STATES OF AMERICA USNFC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL'6bA0$ I6 N2 14 0FFICE Ds Shnt l An Y In the Matter of ) 00CMEllNG A 'iEi!VICf.

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

)

(Dicblo Canyon Nuclear Power ) (Spent Fuel Pool)

Plant Units 1 and 2) )

MOTION FOR LEAVE TO FILE RESPONSE OF NRC STAFF TO iPPEAL 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 By Order communicated to the Staff on December 14, 1987, the Appeal Board advised that the Staff's response to the appeal of 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 GRANTED For the Appeaf Board 8712290127 B71215

{DR ADOCK 0500 5 g Sechtary to the Appeal Board J

-2 -

- Company, and Counsel for the Intervonor, Siorra Club, havo

. 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, l

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Benjamin H. Vogler Senior Supervisory Trial Attorney ,

Dated at Bethesda, Maryland this 15th day of December, 1987.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD OFFIL M b irlo <

)

DOCKt1:NG . 'd Wltf.

In_the Matter of )

)

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

)

(Diablo Canyon Nuclear Power ) (Spent Fuel Pool)

Plant, Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that, on this 15th day of December, 1987, I mailed a copy of the Appeal Board's grant by stamp l endorsement of " Motion for Leave to File Response of NRC Staff from the Licensing Board's Memorandum and Order of September 2, 1987, and Initial Decision of September 11, 1987, One Day Late," dated December 15, 1987, to each of the following:

Howard V. Golub,.Esq. Benjamin H. Vogler, Esq.

Richard F. Locke, Esq. Office of the General Counsel /

Bruce Norton, Esq. Bethesda Pacific Gas and Electric U.S. Nuclear Regulatory Company Commission P.O. Box _7442 Washington, DC 20555 San Francisco, CA 94120 Docketing and' Service Branch Dian M. Grueneich, Esq. Office of the Secretary Marcia Preston, Esq. U.S. Nuclear Regulatory 380 Hayes Street, Suite 4 Commission San Francisco, CA 94102 Washington, DC 20555

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C. JeQ Shobmaker SecretWry to the Appeal Board a _ _ _ _ _ _ _ _ _ d