ML19345H110

Response Objecting to ASLB Granting Applicant 810413 Motion for Extension of Time.Intervenors Received Notice That Motion Was Granted Before Receipt of Applicant Request. Opportunity for Comment Not Allowed.Certificate of Svc Encl

ML19345H110
Person / Time
Site:	05000463, 05000464
Issue date:	04/20/1981
From:	Kepford C Environmental Coalition on Nuclear Power
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8104300508
Download: ML19345H110 (4)

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ENVIRONMENTAL COALITION ON NUCLEAR POWER Ce M.D. et, Pesca Bottorn, Ps. 17563 717 548 2836

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e Atomic Safety and Licensing Appeal Board' .

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A ELECTRIC COMPANY .

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Docket Nos. ~,

(Fulton Generating Station, Units 1 and 2)'

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50-463, 50-464 v /Q,i}56 -

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- April 20,1981

• INTERVENORS RESPONSE TO THE APPLICANT'S MOTION FOR EXTENSION OF TIME 9

- In the Applicant's Motion for Extension of Time, dated April 13, 1981,

$nd received by the Intervenors on April 16, 1981, counsel for the Applicant grossly distorts facts well known to counsel in order to conceal his failure to make even the most trivial attempt to contact the Intervenors. The following facts should be considered: ,

1) the York Comittee for a Safe Environment has never had a telephone listed under the nan:e of the comittee or any ~

individual, anywhem, ever.. -

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2) at the conclu.s ion of the May 11,1978, meeting with the Staff and Intervenors, counsel ~ for the Applicant remarked to Kepford about the unusual' situation of the non-legal representative. of an in.tervening group living some dis -

tance from the groups. That was, of course, because Kepford lived then, and still does, in State College, Pa.,

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t.he address was known then. to counsel for the Applicant. .

3) the phone number by which Kepford was contacted was, and has l

been for more than four years, the same one((814) 237-3900) which appeared on the letterhead of the Dec. 17, 1980 filing of Kepford in this proceeding.

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4) Counsel for the Applicant apparently refused to match the well-known to him Kepford name and address on the service l list with the well-known to him letterhead.

The failum of counsel for the Applicant to make even minimal use of l

the infonnation available to him and known to him is unexplained and unexplicable.

Nor does counsel for the Appliant explain why, in the face of an alleged con-I tinuing family illness, no attempt had been made to inform the parties of a request for time extension at an earlier date.

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l These matters were conveyed to counsel for the Appeal Board by telephone on April 17, 1981, by Xepford as the basis for the objection of_the York

! Comittee for a Safe Environment to the extension of time requested by Applicant's counsel. It appears that these objections carried no weight, since we received l by mail on April 18, 1981, that the extension had been granted on April 15, 1981, before Applicant's request had been delivered to the 'Intervenors. This .information I was not conveyed to Kepford in the April 17, 1981, conversation by counsel for the Appeal Board.

The Intervenors object to the granting of this request for an extension of time for the above cited reasen's. Them is no factual reason whatsoever why the Intervenors could not have been contacted. The Intervenors also object to the issuance of the decision in such a way that any response to which the l Intervenors are legally entitled prior to the Appeal Board's decision was com-pletely denied.

We note here that in the TMI-1 Restart proceeding, these same Intervenors had similarly mquested an extension of time to file an. amendment to a previously filed timely intervention petition. In that proceeding, even though no other party objected to the request, the request was denied as being untimely and l

unorthodox.

We question the need for the distortions advanced here by counsel for the Applicant. We object to being denied the opportunity to coment on and register

our objection to Applicant's request. We object to a decision to which we 'are totaihdenied the opportunity to be allowed legitimate comment prior to the decision. We object to a decision which is based at least in part on fabrications, j

misrepresentations and feigned ignorance by counsel for the Applicant. We are i tired of being lied to and lied about.

Our rights continue pmjudiced by this kind of distortion and misrepre-sentation. We request that this hasty decision be reversed immediately, i

Respectfully submitted, cctct l Chauncey Kep rd Representative of the Intervenors 433 Orlando Avenue State College, Pennsylvaaia 16801

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CERTIFICATE OF SERVICE I hereby certify that copies of INTERVENORS RESPONSE TO THE APPLICANT'S MOTION FOR EXTENSION OF TIME have been served on the following by deposit in the U.S. Mail,first class, postage paid, on this 2(' day of April,1981:

Atomic Safety and Licensing

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Board Panel Michael J. Scibinico, Esq. U.S. Nuclear Regulatory Special Assistant Attorney Commission General Washington, DC 20555 s Department of Natural /

Tawes State Office Building Atomic Safety and Licensi Annapolis, MD 21401 8/

.. Appeal Board Panel U.S. duclear Regulatory S[ ,

Joseph R. Gray, Esq. Commission - D <

Counsel for NRC Regulatory Washington, DC 20555  % 4 -

Staff R ,-

Office of the Executive Dr. W. Reed Johnson @

Legal Director Atomic Safety and Licensin ,

U.S. Nuclear Regulatory Appeal Board Panel y Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission

. Washington, DC 20555 Richard S. Salzman, Esq. Christine N. Kohl, Esq.

Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulgtory Commission Commission Washington, DC 20555 Washington, DC 20555 Executive Director Docketing and Service Section Susquehanna River Basin Office of the Secretary Commission U.S. Nuclear Regulatory Commission 1721 N. Front Street Washington, DC 20555 '

Harrisburg, PA 17102 - - -

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George L. Boomsma Hugh K. Clark, Esq., Chairman Save Solanco Environment P.O. Box 127A ._ Conservation Fund Kennedyville, MD 21645 P.O. Box 64 Quarryville, PA 17566

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Dr. Donald P. deSylva -

Associate Professor of Marine Dr. A. Dixon Callihan Science Union Carbide Corporation Rosentiel School of Marine and P.O. Box Y Atmospheric Science Oak Ridge, TN 37830 University of Miami Miami, FL 33149 Paul K. Allison, Esq.

Allison & Pyfer l Mr . Gustave A. Linenberger 128 N. Lime Street, Box 1588

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Atomic Safety and Licensing Board Lancaster, PA 17604 U.S. Nuclear Regulatory Commission

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Washington, DC 20555 Gilbert G. Malone, Esq.

Ports, Beers, Feldmann & Halone 145 East Market Street

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York, PA 17401 _ _ _ _ , , , . ,

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James A. Humphreys, III Mr. Walden S. Randall

• Barley, Snyder, Cooper & Riverhill Farm Barber R.D. 12 115 E. King Street Holtwood, PA 17532 Lancaster, PA 17602

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Jean Royer Kohr, Esq.

Minney, Mecum & Kohr Mr. Donald P. Williams 150 E. Chestnut Street Hunton and Williams - Lancaster, PA 17602 P. O. Box 1535 ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Richmond, Virginia 23212

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