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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20086R8381984-02-27027 February 1984 Brief on Issues Re Liability for Fees & Expenses.Certificate of Svc Encl.Related Correspondence ML20086K0471984-01-23023 January 1984 Request for Leave to Encl Reply to York Intervenors 840107 Response to Objections of NRC & Applicant to ASLB Proposed Decision & Order Re Withdrawal of Facility Application. Certificate of Svc Encl ML20086G6391984-01-0707 January 1984 Response Opposing NRC & Applicant Objections to ASLB 831214 Proposed Decision & Order Dismissing Application W/ Prejudice.Proposed Mods Should Be Rejected.Certificate of Svc Encl ML20083H6371984-01-0303 January 1984 Affidavit of Vs Boyer to Be Appended to 831229 Filing. Certificate of Svc Encl ML20083J5841983-12-29029 December 1983 Objection to & Motion for Mod of 831214 Proposed Decision & Order Dismissing Proceeding W/Prejudice.Dismissal W/Prejudice Would Require Full Adjudicatory Hearing ML20083J5991983-12-29029 December 1983 Motion for Summary Decision & for Termination of Proceedings as Moot & W/O Prejudice.Statement of Matl Facts & Certificate of Svc Encl ML20062M2741981-12-0404 December 1981 Withdrawal of 811125 Request for Extension of Time to Respond to ALAB-657.Further Evidence May Be Developed Since Decision Remanded Issue to Aslb.Reserves Right to Appeal Following Reconsideration of Issues ML20010D1581981-08-15015 August 1981 Requests to Be Included on Mailing List.Certificate of Svc Encl ML20010B2831981-08-0303 August 1981 Motion to Consolidate Fulton Case & for Extension of 15 Days to File Brief.Cases Present Common Question of Law & Fact. Intervenor Illness Necessitates Extension of Time ML20004E1671981-06-0101 June 1981 Response Supporting Util Exceptions to ASLB 810227 Memorandum & Order Dismissing Proceeding W/Prejudice. Proceeding Should Be Dismissed W/O Prejudice.Site Should Not Be Eliminated.W/Certificate of Svc & Notice of Appearance ML19345H2051981-04-27027 April 1981 Brief on Exceptions from ASLB 810227 Decision & Order Dismissing CP Application Proceeding W/Prejudice.Proceeding Should Be Terminated W/O Prejudice.Certificate of Svc Encl ML19345H1101981-04-20020 April 1981 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 ML19345G6911981-04-13013 April 1981 Motion for Extension Until 810427 to File Brief on Exceptions.Counsel Family Illness Precludes Timely Completion of Brief.No Part Would Be Prejudiced by Extension.Granted for ASLAB,810415 ML20003D2691981-03-17017 March 1981 Exceptions to ASLB 810227 Decision & Order.Applicant Objects to Portion of Decision Dismissing Proceeding W/Prejudice. ASLB Incorrectly & Inconsistently Required Std of Intent W/Respect to Use of Site.Certificate of Svc Encl ML19341A6081981-01-23023 January 1981 Reply Supporting Applicant Earlier Motion to Withdraw CP Application W/O Prejudice.Opposes Intervenor York Committee for Safe Environ Response Supporting Withdrawal of Application W/Prejudice.Certificate of Svc Encl ML19340D1031980-12-17017 December 1980 Response of Intervenors York Committee for Safe Environ & Central PA Committee on Nuclear Power,In Opposition to Applicant 801205 Request to Withdraw CP Application W/O Prejudice.Certificate of Svc Encl ML19351E5771980-12-0505 December 1980 Motion to Withdraw CP Application & Terminate Proceedings. Certificate of Svc Encl ML20002A9991980-12-0505 December 1980 Motion to Withdraw Application for CP & Terminate Proceedings ML19322A3731979-07-30030 July 1979 Notice of Appearance of GL Boomsma on Behalf of Intervenor Save Solanco Environ Conservation Fund.Certificate of Svc Encl ML19276G5831979-06-0505 June 1979 Opposition by Util to Intervenor Save Solanco Environ Conservation Fund 790524 Motion to Terminate Docket.Petition Presents No Logal Basis for Relief.Arguments Are Outside ASLB Jurisdiction & Are Premature ML19276G5791979-06-0505 June 1979 Philadelphia Electric Co Motion to File Motion Out of Time in Opposition to Petition to Terminate Docket ML19246B7811979-05-25025 May 1979 Util Answer to Save Solanco Environ Conservation Fund 790514 Motion to Terminate Docket.Requests Response Due Date of 790604,due to Delay in Receipt of Petition.Certificate of Svc Encl ML19261D7711979-05-14014 May 1979 Requests by Save Solanco Environ Conservation Fund That NRC Order Util to Show Cause Why Application Should Not Be Terminated 1984-02-27
[Table view] Category:PLEADINGS
MONTHYEARML20086K0471984-01-23023 January 1984 Request for Leave to Encl Reply to York Intervenors 840107 Response to Objections of NRC & Applicant to ASLB Proposed Decision & Order Re Withdrawal of Facility Application. Certificate of Svc Encl ML20086G6391984-01-0707 January 1984 Response Opposing NRC & Applicant Objections to ASLB 831214 Proposed Decision & Order Dismissing Application W/ Prejudice.Proposed Mods Should Be Rejected.Certificate of Svc Encl ML20083J5841983-12-29029 December 1983 Objection to & Motion for Mod of 831214 Proposed Decision & Order Dismissing Proceeding W/Prejudice.Dismissal W/Prejudice Would Require Full Adjudicatory Hearing ML20083J5991983-12-29029 December 1983 Motion for Summary Decision & for Termination of Proceedings as Moot & W/O Prejudice.Statement of Matl Facts & Certificate of Svc Encl ML20062M2741981-12-0404 December 1981 Withdrawal of 811125 Request for Extension of Time to Respond to ALAB-657.Further Evidence May Be Developed Since Decision Remanded Issue to Aslb.Reserves Right to Appeal Following Reconsideration of Issues ML20010D1581981-08-15015 August 1981 Requests to Be Included on Mailing List.Certificate of Svc Encl ML20010B2831981-08-0303 August 1981 Motion to Consolidate Fulton Case & for Extension of 15 Days to File Brief.Cases Present Common Question of Law & Fact. Intervenor Illness Necessitates Extension of Time ML20004E1671981-06-0101 June 1981 Response Supporting Util Exceptions to ASLB 810227 Memorandum & Order Dismissing Proceeding W/Prejudice. Proceeding Should Be Dismissed W/O Prejudice.Site Should Not Be Eliminated.W/Certificate of Svc & Notice of Appearance ML19345H1101981-04-20020 April 1981 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 ML19345G6911981-04-13013 April 1981 Motion for Extension Until 810427 to File Brief on Exceptions.Counsel Family Illness Precludes Timely Completion of Brief.No Part Would Be Prejudiced by Extension.Granted for ASLAB,810415 ML20003D2691981-03-17017 March 1981 Exceptions to ASLB 810227 Decision & Order.Applicant Objects to Portion of Decision Dismissing Proceeding W/Prejudice. ASLB Incorrectly & Inconsistently Required Std of Intent W/Respect to Use of Site.Certificate of Svc Encl ML19341A6081981-01-23023 January 1981 Reply Supporting Applicant Earlier Motion to Withdraw CP Application W/O Prejudice.Opposes Intervenor York Committee for Safe Environ Response Supporting Withdrawal of Application W/Prejudice.Certificate of Svc Encl ML19340D1031980-12-17017 December 1980 Response of Intervenors York Committee for Safe Environ & Central PA Committee on Nuclear Power,In Opposition to Applicant 801205 Request to Withdraw CP Application W/O Prejudice.Certificate of Svc Encl ML19351E5771980-12-0505 December 1980 Motion to Withdraw CP Application & Terminate Proceedings. Certificate of Svc Encl ML20002A9991980-12-0505 December 1980 Motion to Withdraw Application for CP & Terminate Proceedings ML19276G5831979-06-0505 June 1979 Opposition by Util to Intervenor Save Solanco Environ Conservation Fund 790524 Motion to Terminate Docket.Petition Presents No Logal Basis for Relief.Arguments Are Outside ASLB Jurisdiction & Are Premature ML19276G5791979-06-0505 June 1979 Philadelphia Electric Co Motion to File Motion Out of Time in Opposition to Petition to Terminate Docket ML19246B7811979-05-25025 May 1979 Util Answer to Save Solanco Environ Conservation Fund 790514 Motion to Terminate Docket.Requests Response Due Date of 790604,due to Delay in Receipt of Petition.Certificate of Svc Encl ML19261D7711979-05-14014 May 1979 Requests by Save Solanco Environ Conservation Fund That NRC Order Util to Show Cause Why Application Should Not Be Terminated 1984-01-07
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i ENVIRONMENTAL COALITION ON NUCLEAR POWER Ce M.D. et, Pesca Bottorn, Ps. 17563 717 548 2836 9 o,. u..ta une n..ssa ca. .. u. . si. cou ,P.. seeoi aien f Il si b
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e Atomic Safety and Licensing Appeal Board' .
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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 -
- 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.. -
- 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.,
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
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 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 - - -
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 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 Atomic Safety and Licensing Board Lancaster, PA 17604 U.S. Nuclear Regulatory Commission Washington, DC 20555 Gilbert G. Malone, Esq.
Ports, Beers, Feldmann & Halone 145 East Market Street 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 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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P00R ORIG NAL
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