ML20040C080

Motion for Extension of Time Until 820102 to Respond to Intervenors Motion to Reopen Record Re ECCS Models Deficiencies.Licensee Affiant Seriously Ill & No Other Affiant Available.Certificate of Svc Encl

ML20040C080
Person / Time
Site:	Black Fox
Issue date:	01/21/1982
From:	Gallo J ISHAM, LINCOLN & BEALE, PUBLIC SERVICE CO. OF OKLAHOMA
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8201270244
Download: ML20040C080 (5)

Text

1/21/82 U{}'QU UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS5kONEN 25 Pl2 :48 W..

BEFORE THE ATOMIC SAFETY AND LICENSING: BOARD

- ; v-In the Matter of the Application of

)

Public Service Company of Oklahoma,

)

Associated Electric Cooperative,-Inc. )

Docket Nos. STN 50-556 c*"

'a-557 and

)

^*

Western Farmers Electric Cooperative

)

p E

(Black Fox Station, Units 1 and 2)

)

b RECGiVED

-9 JAfl 2 61982m. 1 g_ U8g8fgNgge.:n MOTION FOR EXTENSION OF TIME g

%i d'

)

By Order of this Atomic Safety and Licensi

(" Licensing Board") dated January 8, 1982, the date for filing responses to "Intervenors' Motion to Reopen the Record with Respect to ECCS Models Deficiencies" was estab-lished as January 22, 1982.

Public Service Company of Oklahoma, et al., (" Applicants") hereby move the Licensing Board to enter an order extending the time for such responses from January 22 to February 1.

In support of the Motion, Applicants state:

1.

January 14, 1982, was the original deadline for the filing of responses by Applicants and the NRC Staff to Intervenors' ECCS Motion.

This deadline was extended, at Applicants' r eques t, to January 22 for the purpose of 303 j

permitting Applicants' to obtain an affidavit from a witness

/ I 8201270244 820121 PDR ADOCK 050005g G

e employed by the General Electric Company ("GE") who is qualified with respect to ECCS matters and, in particular, the matters raised by Intervenors' Motion.

2.

Counsel for Applicants and Applicants' Li-censing Manager met with Mr. Rich'ard A.

Hill, Manager of Systems Evaluation Programs, GE, on January 15, 1982.

The meeting took place in Washington at the offices of Isham, Lincoln & Beale.

Mr. Hill, an expert on ECCS matters, drafted an affidavit after consultation with Applicants' representatives.

Mr. Hill returned to GE's offices in San Jose, California, on the evening of the 15th with a copy of the draft affidavit.

It was planned that Mr. Hill would confirm some factual data and that he would have the affidavit reviewed by GE's management.

Thereafter, Mr. Hill would meet with Applicants' counsel on January 21 for the purpose of finalizing and executing the affidavit.

3.

Counsel for the Applicants learned on January 20 that Mr. Hill is seriously ill with "near pneumonia," and that he would not be available on the 21st.

In this circum-stance, it is not possible to finalize Mr. Hill's affidavit.

Furthermore, it is not possible to obtain an affidavit from a substitute witness in time for the January 22 deadline.

4.

An extension of time to February 1 will enable Applicants to obtain the necessary affidavit from

o

. either Mr. Hill or a substitute GE witness.

Counsel for Intervenors, the State of Oklahoma, and the NRC Staff have no objection to this motion.

However, counsel for the NRC Staff requests that, if the Licensing Board rules favorably on the Motion, their time for reply to Intervenors' Motion be extended as well to February 1, 1982.

For good cause shown, Applicants' uncontested Motion should be granted.

Respectfully submitted, oseph Gallo Counsel for Public Service Company of Oklahoma ISHAM, LINCOLN & BEALE Suite 840 1120 Connecticut Avenue, N.W.

Washington, D.

C.

20036 (202) 833-9730 Dated:

January 21, 1981 l

i l

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

)

Public Service Company of Oklahoma,

)

Associated Electric Cooperative, Inc. )

Docket Nos. STN 50-556 and

)

STN 50-557 Western Farmers Electric Cooperative

)

)

(Black Fox Station, Units 1 and 2)

)

CERTIFICATE OF SERVICE I hereby certify that copies of the MOTION FOR EXTENSION OF TIME in the above-captioned proceeding were hand-delivered to Judges Wolfe and Shon and were served upon the persons shown below by deposit in the United States mail, first-class postage prepaid, this 21st day of January, 1982.

Sheldon J.

Wolfe, Esquire Docketing and Service Section Administrative Judge Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.

S.

Nuclear hegulatory U.

S.

Nuclear Regulatory Commission Commission Washington, D.

C.

20555 Washington, D. C.

20555 Atomic Safety and Licensing Mr. Frederick J. Shon Board Panel f

Administrative Judge U.

S.

Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.

C.

20555 U.

S.

Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D. C.

20555 Appeal Board Panel U.

S.

Nuclear Regulatory Dr. Paul W.

Purdom Commission Administrative Judge Washington, D.

C.

20555 U.

S.

Nuclear Regulatory i

Commission c/o Environmental Studies Group Drexel University 32nd and Chestnut Streets Philadelphia, PA 1910 4

. Dennis C. Dambly, Esquire James H.

Thessin, Esquire Counsel for NRC Staff Counsel for NRC Staff U. S. Nuclear Regulatory U.

S. Nuclear Regulatory Commission Commission Washington, D.

C.

20555 Washington, D.

C.

20555 Joseph R.

Farris, Esquire Mr. Maynard Human Feldman, Hall, Franden, Reed General Manager

& Woodard Western Farmers Electric 816 Enterprise Building Cooperative Tulsa, Oklahoma 74103 P.

O. Box 429 Andarko, Oklahoma 73005 Mr. Clyde Wisner Public Affairs Officer Mr. Gerald F.

Diddle NRC Region 4 General Manager 611 Ryan Plaza Drive Associated Electric Suite 1000 Cooperative, Inc.

Arlington, Texas 76011 P.

O.

Box 754 Springfield, Missouri 65801 Mrs. Carrie Dickerson Citizens Action for Safe Michael L.

Bardrick, Esquire Energy, Inc.

Assistant Attorney General P.

O.

Box 924 State of Oklahoma Claremore, Oklahoma 74107 112 State Capitol Building Oklahoma City, Oklahoma 73105 Mrs. Ilene H. Younghein 3900 Cashion Place Mr. Lawrence Burrell Oklahoma City, Oklahoma 73112 Route 1, Box 197 Fairview, Oklahoma 73737 Phyl s'D. Macey l

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