ML20238D206

Memorandum & Order (Motion for Default Judgment).* Morabito Motion Purely Speculative Or,At Best,Premature & Denied. Served on 870921

ML20238D206
Person / Time
Site:	05560755
Issue date:	09/18/1987
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	MORABITO, A.J., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#188-5183 87-551-02-SP, 87-551-2-SP, SP, NUDOCS 8801040150
Download: ML20238D206 (2)

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' X H' UNITED STATES OF AMERICA Lw l NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL

'87 SEP 21 A954 Before Administrative Judge: gr .

Charles Bechhoefer 00CM J

SERVED SEP 211987 In the Matter of Docket No. 55-60755 ALFRED J. MORABITO ASLBP No. 87-551-02-SP Senior Operator License for )

Beaver Valley Power Station, Unit 1 ) September 18, 1987

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MEMORANDUM AND ORDER (Motion for Default Judgment)

By my Memorandum and Order (Extension of Time), dated August 19, 1987, I granted the NRC Staff's request for an extension of time until October 9,*1987 to respond to the Specification of Claims which had earlier been filed by Mr. Alfred J. Morabito. On August 31,1987, Mr.

Morabito filed a " Motion Regarding Extension of Time for NRC Staff to File Their Response", seeking a ruling that, if the NRC Staff fails to respond by the extended deadline of October 9,1987, I will rule in Mr.

Morabito's favor on all issues contained in his Speciecation of Claims.

On September 10, 1987, the Staff responded, urging denial of the motion for lack of either a legal or a factual basis.

What Mr. Morabito appears to be seeking is a declaratory default judgment, based on a circumstance that has not yet occurred. If that circumstance were to eventuate--i.e., if the Staff were to fail to meet its filing deadline without obtaining (for good cause) a further extension of time--some relief might be warranted, although not 8801040150 870910 1 p 0

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2 necessarily the default judgment sought by Mr. Morabito. Cf. 10'CFR l

9 2.707.

At this point in time, however, Mr. Morabito's motion is purely speculative or, at best, premature. I have no reason to believe that l the Staff will not meet its filing deadline or, alternatively, request '

an extension in a timely fashion. Indeed, the Staff has stated that it fully expects to file by October 9,1987. If it should request an extension for good cause, Mr. Morabito may respond prior to my ruling on any such request.

For all of these reasons, Mr. Morabito's motion must be, and hereby is, denied.

IT IS SO ORDERED.

PRESIDING OFFICER r31$<, b6 u >

Cha'rles Bechhoefer / ~~

ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 18th day of September,1987.

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