ML20093G346

Joint Motion to Extend Hearing Date & Scheduling Order.* Trustee & Gsu Request That Prehearing Schedule & Hearing Schedule Be Revised So That All Depositions Be Completed by 960623.W/Certificate of Svc

ML20093G346
Person / Time
Site:	River Bend
Issue date:	10/10/1995
From:	Levanway D, Pembroke J AFFILIATION NOT ASSIGNED, CAJUN ELECTRIC POWER COOPERATIVE, INC., GULF STATES UTILITIES CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#495-17199 93-680, OLA, NUDOCS 9510190025
Download: ML20093G346 (6)

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k- l 00CKETED l UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION ]

BEFORE THE ATOMIC SAFETY AND LICENSING BOiGm DCT 13 A9 :39 l 0FFICE OF SECRETARY c

In the Matter of ) Docket 0 gE

'pgggCE C

Gulf States Utilities Co., 3.4 31 ) ASLBP No. -6h0 (River Bend Station, Unit 1) )

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JOINT MOTION TO EXTEND ,

HEARING DATE AND SCHEDULING ORDER Introduction l

On July 25, 1995, the Atomic Safety and Licensing Board l

(" Board") established a Revised Prehearing Schedule which provided deadlines for Pre-hearing activities and a hearing date.

Pursuant to that schedule, depositions were to be completed by l l

October 23, 1995, prehearing testimony was to be filed by November 13,.1995, and - hearing was to commence on November 28, 1995. For the reasonE *'ated below, Gulf States Utilities Company ("GSU") and Ralph R. Mabey, the Chapter 11 Trustee (the

" Trustee") for Cajun Electric Power Cooperative Inc. (" Cajun")

move this Board to extend the pre-hearing deadlines established in the scheduling order and the date of the hearing of this matter.

Discussion On December 21, 1994, Cajun filed a petition seeking protection under Chapter 11 of the United States Bankruptcy Code.

On August 1, 1995, the United States District Court for the Middle District of Louisiana (the " District Court") ordered the

"'*8" ww m" s 9510190025 951010 7 PDR ADOCK 05000458 0 C PDR 9

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b appointment of a Chapter 11 Trustee for Cajun. On August 23, 1995, the District Court approved the appointment of Ralph R.

Mabey as the Chapter 11 trustee. On August 30, 1995, Ralph R. l I

Mabey qualified to serve as the Chapter 11 trustee for Cajun.

Pursuant to Rule 2012 (a) of the Federal Rules of Bankruptcy

-Procedure, the Trustee, upon his appointment, automatically was substituted for the debtor in possession as the party to all pending litigation, including this matter. Additionally, the

. Trustee assumed the~ powers and duties of Cajun's Board of Directors and management and is now the party authorized and empowered to act for and in behalf of Cajun. Commodity Futures Tradina Comm'n v. Weintraub, 471 U.S. 343, 352-53 (1985) (quoting H.R. Rep. No. 595, 95th Cong ist Sess. 220-221 (1977)); gag 11 U.S.C. S 1108.

It is necessary for the Trustee to familiarize himself with the facts and issues in this proceeding, as well as all other l l

litigation in which Cajun is involved. It is anticipated that this will take some period of time, and the Trustee and GSU believe it would be prudent and beneficial to the parties and to the Board to extend the prehearing schedule dates and the hearing date to allow the Trustee an appropriate amount of time to familiarize himself with the issues involved in this case before proceeding further.

The NRC Staff concurs with the Trustee and GSU in this l

matter, and has no objection to this Motion.

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,swanu  !

N 1023.E18 -2* l l

b Relief Soucht For the foregoing reasons, the Trustee and GSU request that the preheatring schedule and hearing schedule be revised as follows:

1. All depositions are to be completed by January 23, 1996.

2. All pre-filed testimony is to be filed by February 12, 1996.

3. The hearing will be held no earlier than February 27, 1996, or at such later date as established by the Board after consultation with the parties.

Because of the approach of certain deadlines in the Revised  !

1 Pre-hearing Schedule, the parties to this Joint Motion request an expedited review and ruling on this Motion. l l

I Dated: October 10, 1995.

Respectfully submitted, I

I , .

Robert B. g Gehee, MSB 87 l Douglas K,. pevanway, I B # 206 ,

WISE CART E CHILD & C WA Professional Associati 401 East Capitol Street, Suite 600 Post Office Box 651 Jackson, Mississippi 39205-0651 Telephone: (601) 968-5500 Attorneys for Gulf States Utilities Company 1580-21751 P091023 n e b

M i o [/d[r, $

James D. Pembroke Thomas L. Rudebusch DUNCAN, WEINBERG, MILLER &

PEMBROKE, P.C.

1615 M. Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Ralph R. Mabey, Chapter 11 Trustee for Cajun Electric Power Cooperative, Inc.

1550 21751 P09-1023.E18 "4"

-_ __.~ _. . _ _ _ _ _ ._.. _ _ _ ___ _ _ _ . _ _ . _ _ _ _ . _ .

s 00CKETED CERTIFICATE OF SERVICE USNRC I

I, THOMAS L. RUDEBUSCH, do hereby certify that I have95hfET 13 A9:39 i q l day caused to be mailed by United States Mail, postage prepaid 0FFICE 6F SECRETARY true and correct copy of the above and foregoing documen00G64TlHG & S,ERVICE ;

BRANCH l B. Paul Cotter, Jr., Esquire Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l Dr. Richard F. Cole l Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Peter S. Lam Atomic Safety and Licensing Board  :

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Services Branch Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l Marian L. Zobler, Esquire Ann P. Hodgdon, Esquire Mitzi A. Young, Esquire Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mark J. Wetterhahn, Esquire Winston & Strawn I 1400 L Street, N.W.

Washington, D.C. 20005-3502 Victor J. Elmer Vice President - Operations l

Cajun Electric Power Cooperative, Inc.

' 10719 Airline Highway Baton Rouge, LA 70895 l

i e

1650 31761 P09-1023.E18

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h Ralph R. Mabey, Chapter 11 Trustee for Cajun Electric Power Cooperative, Inc.

1000 Kearns Building

'136 South Main Street Salt Lake City, Utah 84101 office of the Executor Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555 W

DATED this the lD ' day of October, 1995.

y w &..nL .L 1 THOMAS L. RUDEBUSCH ,

i

. l 1950 21781 N 1023.t18