ML19276E607

Intervenor'S Response to Applicant'S 790212 Motion for Mod Post-Conference Order 2 Re Shortening of Filing Time.Urges Denial of Motion Because Intervenor Cannot Comply by 790226. Certificate of Svc Encl

ML19276E607
Person / Time
Site:	Skagit
Issue date:	02/20/1979
From:	Gendler M, Leed R LEED, R.M.
To:
References
NUDOCS 7903200053
Download: ML19276E607 (4)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

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PUGET SOUND POWER AND LIGHT ) Docket Nos. STN 50-522 COMPANY, et al., ) 50-523

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5 INTERVENOR SCANP'S RESPONSE TO g k&!h)

APPLICANTS' MOTION FOR MODIFICATION 'I' g

0F " POST CONFERENCE ORDER NO. 2" On February 12, 1979, counsel for SCANP received appli-cants' motion, which asked the Board to modify its Post-Confer-ence Order No. 2 so as to provide for the submittal of new state-ments of issues on or before February 26, 1979, instead of the March 9, 1979 date provided in that order. Intervenor SCANP is vehemently opposed to this motion, and suggests that in view of the amount of work which needs to be undertaken, an extension of the deadline would be more appropriate than an order short-ening time.

While intervenor SCANP agrees that the conference and meeting among the parties which took place in January were fruitful in focusing the issues of this case, we cann6c agree that the 29-day period provided in the Board's order is 7903sogSgg3 Docketing and Service Section Canadian Consulate General Office of the Secretary Peter A. van Brakel U.S. Nuclear Regulatory Vice-Consul Commission 412 Plaza 600 Washington, D.C. 20555 6th and Stewart Street Seattle, Washington 98101 Richard L. Black, Esq.

Counsel for NRC Staff F. Theodore Thomsen U.S. Nuclear Regulatory P e rk ins , Coie, Stone, Olsen Commission & Williams Of fice of the Executive Legal 1900 Washington Building Director Seattle, Washington 98101 Washington, D, C. 20555 Alan P. O' Kelly Nicholas D. Lewis, Chairman paine, Lowe, Coffin, Herman Energy Facility Site Evaluation & o'gelly Council 1400 Washington Trust Financial 820 East Fifth Avenue Center Olymp ia, Washington 98504 Spokane, Washington 99204 Robert C. Schofield, Director Russel W. Busch Skagit County Planning Depart- Evergreen Legal Services ment 520 Smith Tower 120 West Kincaid Street Seattle, Washington 98104 Mt.Vernon, Washington 98273 Richard M. Sandvik, Esq.,

Assistant Attorney General Department of Justice 500 Pacific Building 520 S. W. Yamhill Portland, Oregon 97204 Robert Lowenstein, Esq.

Lowenstein, Newman, Reis &

Axelrad 1025 Connecticut Avenue, N.W.

Washignton, D.C. 20036 H. H. Phillips, Esq.

vice President and Corporate Counsel Portland General Electric Company l , [, ^ l j f/ j]'[

DATED: 't*' /l/ / I 121 S.W. Salmon Street Portland, Oregon 97204 aOcER M. LEED

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<d /' .lt i l i 'J' "Jb 19142 S. Bakers Ferry Road Micn'ael W. Gendler Boring, Oregon 97009 Certificate - 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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PUGET SOUND POWER & LIGHT ) DOCKET NOS. STN 50-522 COMPANY, et al., ) 50-523

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(Skagit Nuclear Power Project, )

Units 1 and 2) ) @' S

) (f" 'h N .4 22 39 CERTIFICATE OF SERVICE N33 [<s?

I hereby certify that copies of: D Q) -a INTERVENOR SCANP' S RESPONSE TO APPLICANTS ' MOTION FOR MODIFICATION OF " POST CONFERENCE ORDER NO. 2" have been served on the following by depositing the same in the United States mail, postage prepaid, on this ,2CVh day of February, 1979.

Valentine B. Deale, Esq. ,--Chairman Alan S. Rosenthal, Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Commission 1001 Connecticut Avenue N.W. Washington, D.C. 20055 Washington, D.C. 20036 Dr. John H. Buck, Member Dr. Frank F. Hooper, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board School of Natural Resources U.S. Nuclear Regulatory Commission University of Michigan Washington, D.C. 20555 Ann Arbor, MI . 48104 Michael C. Farrar, Member Gustave A. Linenberger, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commissior Commission Washington, D.C. 20555 Washington, D.C. 20555 Certificate - 1

" unnecessarily long" or that two weeks are sufficient to comply with the Board's order. A great deal more work will be required than is implied in applicants' characterization of the task as a mere reduction to writing, and because of SCANP's limited resources, it would be absolutely impossible for SCANP to com-ply with the Board's order by February 26, 1979.

Applicants suggest no reason whatsoever necessitating the order it requests, other than to indicate its ability to complete the task required before February 26, 1979. Inter-venor SCANP, which cannot afford the luxuries of hand-deliver-ing motions across the continent and of preparing its res-ponses to motions weeks in advance, finds neither merit nor compelling practical reasons in support of applicants' motion, and therefore urges enat the motion be denied.

DATED this 20th day of February, 1979.

Respectfully submitted, ROGER M. LEED By , I V. * (Lt MICHAEL W. GENDLER Of Attorneys for Intervenor SCANP 1411 Fourth Avenue Seattle, Washington 98101 Telephone: (206)624-8901