ML19263E663

Requests ASLB Grant Extension Until 790518 for Util to File Answer to Intervenors 790419 Motion for Indefinite Stay of Initial Decision.Motion Seeks Addl Relief,Reply Is Warranted.Certificate of Svc Encl

ML19263E663
Person / Time
Site:	Black Fox
Issue date:	05/04/1979
From:	Gallo J PUBLIC SERVICE CO. OF OKLAHOMA
To:
References
NUDOCS 7906200590
Download: ML19263E663 (5)

Text

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h NUCLEAR REGULATORY COMMISSION d'. A */ i6 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) )

MOTION FOR LEAVE TO FILE REPLY On April 27, 1979, Citizens' Action for Safe Energy, Lawrence Burrell and Ilene Younghein (hereinafter referred to as "Intervenors"), filed a pleading styled "Intervenors' Response to Motion of the State of Oklahoma for an Indefinite Stay in the Issuance of an Initial Decision in the Above-Captioned Proceeding." As indicated, Intervenors' pleading is a response to a Motion filed on April 19, 1979, by the Attorney General For the State of Oklahoma for an indefinite stay of the Licensing Board's partial initial decision in this proceeding. The NRC's Rules of Practice (10 C.F.R.

S 2.730) do not provide for replies to answers to motions.

However, for the reason set forth below, Public Service Company of Oklahoma, Associated Electric Cooperative, Inc., and Wes-tern Farmers Electric Cooperative (hereinafter referred to as 2287 268 7906200 590

" Applicants") move the Licensing Board to enter an order granting Applicants leave to file a reply to Intervenors' pleading and establishing May 18, 1979, as the time within which such reply must be filed.

An opportunity to reply to Intervenors' pleading is warranted in this instance because said pleading not only adopts the position of the Attorney General, bdt expands the motion by requesting additional relief. The Attorney Gen-eral's Motion requests that pending the completion of certain alleged investigations, the Licensing Board stay the issuance of its partial initial decision until it can be determined whether the investigations uncover any significant informa-tion that would warrant reopening the Black Fox record (Motion, p. 8). On the other hand, Intervenors have requested an immediate reopening of the record (Pleading, p. 7). As such, the two pleadings raise questions of law involving different legal standards to determine their respective merit. Consequently, Applicants' reply to the Attorney General's Motion would not serve as an adequate response to the Intervenors' pleading. Individual responses are clearly required.

If their April 30, 1979, Motion for a time extension is granted, Applicants intend to respond to the Attorney General's Motion by May ll, 1979. Applicants' request to 2287 269

file a response to Intervenors' pleading by May 18, 1979, represents a four-day extension of the time an answer would otherwise have been required if said pleading were treated at the ou't set as a motion.

Counsel for all parties have no objection to this Motion. Counsel for the NRC Staff requests that he also be permitted to file a reply to Intervenors' pleading by May 18, 1979.

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

Respectfully submitted, osepl Gallo One of the Attorneys for the Applicants May 4, 1979 2287 270

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 a copy of the foregoing MOTION FOR LEAVE TO FILE A LEPLY has been served on each of the following persons by deposit in the United States mail, first class postage prepaid, this 4th day of May, 1979.

Sheldon J. Wolfe, Esquire Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of Board Panel the Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 (20 copies)

Mr. Frederick J. Shon, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Paul W. Purdom, Director Atomic Safety and Licensing Environmental Studies Group Appeal Board Panel Drexel University U.S. Nuclear Regulatory 32nd and Chestnut Streets Commission Philadelphia, Pennsylvania 19104 Washington, D.C. 20555 2287 271

L. Dow Davis, Esquire Mr. Gerald F. Diddle William D. Paton, Esquire General Manager Colleen Woodhead, Esquire Associated Electric Cooperative, Inc.

Counsel for NRC Staff P.O. Box 754 U.S. Nuclear Regulatory Springfield, Missouri 65801 Commission Washington, D.C. 20555 Mr. Maynard Human General Manager Joseph R. Farris, Esquire Western Farmers Electric Cooperative John R. Woodard, III, Esquire P.O. Box 429 Green, Feldman, Hall & Woodard Andarko, Oklahoma 73005 816 Enterprise Building Tulsa, Oklahoma 74103 Mr. Vaughn L. Conrad Public Sc-rice Company of Oklahoma Mr. Clyde Wisner P.O. Box sl NRC Region 4 Tulsa, Oklahoma 74102 Public Affairs Officer 611 Ryan Plaza Drive Mr. T. N. Ewing, Manager Suite 1000 Black Fox Station Nuclear Project Arlington, Texas 76011 Public Service Company of Oklahoma P.O. Box 201 Andrew T. Dalton, Esquire Tulsa, Oklahoma 74102 1437 South Main Street Room 302 Mr. M. J. Robinson Tulsa, Oklahoma 74119 Black & Veatch P.O. Box 8405 Mrs. Carrie Dickerson Kansas City, Missouri 64114 Citizens Action for Safe Energy, Inc. George L. Edgar, Esquire P.O. Box 924 Kevin P. Gallen, Esquire Claremore, Oklahoma 74107 Morgan, Lewis & Bockius Suite 700 Mrs. Ilene H. Younghein 1800 M Street, N.W.

3900 Cashion Place Washington, D.C. 20036 Oklahoma City, Oklahoma 73112 Charles S. Rogers, Esquire Mr. Lawrence Burrell Assistant Attorney General Route 1, Box 197 112 State Capitol Building Fairview, Oklahoma 73737 Oklahoma City, Oklahoma 73105 Martha E. Gibbs Mr. Gregory Minor Michael I. Miller MHB Technical Associates Isham, Lincoln & Beale 1723 Hamilton Avenue One First National Plaza Suite K Suite 4200 San Jose, California 95125 Chicago, Illinois 60603 wa Jpydph Cgllo Me of the Attorneys for the Applicants 2287 272