ML20041G152

Motion for Extension of Time Until 820510 to File Responsive Brief.Brief of AL Power Co Delayed,Resulting in Loss of 7 Days.Certificate of Svc Encl

ML20041G152
Person / Time
Site:	Farley
Issue date:	03/08/1982
From:	Hjelmfelt D, Hjelmfelt H HJELMFELT, D.C., MUNICIPAL ELECTRIC UTILITY ASSOCIATION, ALABAMA
To:	U.S. COURT OF APPEALS, 5TH CIRCUIT
Shared Package
ML20041G144	List: ML20041G143 ML20041G152
References
81-7547, 81-7580, 81-7846, 81-7847, 81-7848, NUDOCS 8203190334
Download: ML20041G152 (3)

Text

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UNITED STATES COURT OF APPEALS FOR Tile ELEVENTH CIRCUIT ALABAMA POWER COMPANY, )

)

Petitioner, )

) Docket Mos. 81-7547

-against- ) 81-7580

) 81-7846 NUCLEAR REGULATORY COMMISSION ) 81-7847

• and TIIE UNITED STATES OF AMERICA, ) 81-7848

)

Respondents. )

MUNICIPAL ELECTRIC UTILITY ASSOCIATION'S MOTION FOR ENLARGEf1ENT OF TIME IN WIIICII TO FILE RESPONSIVE BRIEF Oli TIIE MERITS Municipal Electric Ut.ility Association of Alabama (MEUA) moves for an enlargement of time until May 10, 1982 in which to file its responsive brief on the merits.

By order of March 4, 1982, this Court granted the Nuclear Regulatory Commission and the United States an enlargement of time until May 10, 1982 to file its brief. Alabama Electric Cooperative has separately requested an enlargement of time until May 10, 1982.

In support of its motion MEUA shows the court that:

1. Although the petitioner failed its brief on February 22, 1982 a copy of Alabama Power Company's brief was either lost in the mail or through inadvertance not mailed to MEUA.

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8203190334 820300 PDR ADOCK 05000348 0 PDR

, .. e On March 1, 1982, counsel for MEUA telcohoned counsel for Alabama Power Company to request a copy of the company's brief.

Counsel for the Company immediately dispatched a copy of the brief which was received on March 2, 1932. No copy sent by ordinary mail has been received by counsel for MEUA. Thus MEUA has suffered a loss of 7 days of briefing time through the delay in receipt by it of a copy of the Company's brief.

2. Since this Court has already granted an enlargement of time until May 10, 1982 to the Nuclear Regulatory Commission and the United States of America, the grant of a similar enlarge-ment of time to MEUA will not delay the disposition of this case in any respect.

3. The company was granted both an enlargement of time in which to file its brief and an enlargement in the number of pages. The Company has filed a printed brief of 77 pages.

Edison Electric Institute has filed a brief amicus Curiac, in support of the Company's position, which is 49 printed pages in length. To put MEUA on a fair footing to respond to 126 printed pages of briefs requires that it too receive an enlarge-

ment of time.

Wherefore MEUA prays that it be granted an enlargement of time until May 10, 1982 to file its reply brief on the merits.

Respectfully submitted Q&C /

& 'W David C. Hjelmfelt Hjelmfelt & Larson 634 So. ?!ason

) Fort Collins, CO 80524 (303) 493-1165 fi[f[I Attorney for Municipal Electric. ..

Utility Association

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, CERTIFICATE OF SERVICE I hereby certify that copics of the foregoing Motion of Municipal Electric Utility Association For Enlargement Of Time In Which To Filo Responsive Bricf On The Merits have been served on the following by United States Mail, postage prepaid, this 8th day of March 1982.

WJC.Hjelsfolg(I David C.

/L!w!oll Leonard Dickwit, Esq. Robert J. Wiggers, Esq.

General Counsel Frederic Freilicher, Esq.

i Nuclear Regulatory Commission Appellate Section Washington, D.C. 20555 Antitrust Division Department of Justico '

Marjorie S. Nordlinger, Esq. Washington, D.C. 20530 Martin G. Malsch, Esq.

Office of General Counsel John Whitler, Esq.

Nuclear Regulatory Commission Antitrust Division I

Washington, D.C. 20555 P.O. Box 14141 Department of Justice Secretary Washington, D.C. 20044 Nuclear Regulatory Commission Washington, D.C. 20555 Robert H. Forry, Esq.

Arthur H. Domby, Esq.

Mr. Chase Stephens, Supervisor Troutman, Sanders, Lockerman Docketing and Service Section & Ashmore Office of the Secretary of the 1400 Candler Building Commission Atlanta, Georgia 30303 Nuclear Regulatory Commission Washington, D.C. 20555 S. Eason Balch, Esq.

Robert A. Buettner, Esq.

Barry Grossman, Esq. Balch, Bingham, Baker, Chief, Appellate Section Hawthorne, Williams & Ward Antitrust Division 600 North 18th Street Department of Justice Birmingham, Alabama 35203 Washington, D.C. 20530 Terence H. Benbow, Esq.

D. Biard MacGuineas David J. Long, Esq.

Volpe, Bosky and Lyons Winthrop, Stimson, Putnam 918 16th St., N.W. & Roberts Washington, D.C. 20006 40 Wall Street New York, New York 10005 1

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