ML20071K866

Advises That Pleading That Was to Be Filed on 820728 Will Be Filed on 820729

ML20071K866
Person / Time
Site:	Clinch River
Issue date:	07/28/1982
From:	Finamore B, Weiss E HARMON & WEISS, National Resources Defense Council, Sierra Club
To:	Linenberger G Atomic Safety and Licensing Board Panel
References
NUDOCS 8208020249
Download: ML20071K866 (2)

Text

_

~' ~

Natural Resources Defense Council,Inc.

8 7 25 I ST R F.ET, N.W. ~

Qf) '

SUITE 600 WASIIINGTON, D.c. 20o06 202 223 83:o b3 3

" Y*'*00" cme y ukEn%?Wom"

[j g .g. fg STREEF Its EAST isND STREET N EW YORK, N.Y. lOl68 July 28, 1982 segR,4u,M b;% A .ir. 94:os sis 949-004g 485 188-6 568 r . ,

The Honorable Gustave A. Linenberger DOCKET HUMBER PROD.& UTIL .FAC..g -

3"

. . . . r.mc Atomic Safety & Licensing Board ****

U.S. Nuclear Regulatory Commission 4350 East West Highway, 4th Floor Bethesda, Maryland 20814

Dear Judge Linenberger:

We are in receipt of your telegram of July 28, 11:35 A.M.

It asserts that NRDC would deliver two pleadings to the Board on July 27, 1982 and July 28, 1982 and states that the Board

" agreed to consider these before ruling on Applicants' motion if they are promptly received."

Our pleading of July 27, 1982 was hand-delivered on that date. I believe that the record will show that NRDC stated twice that it would undertake to do all that was humanly pos-sible to get the second pleading in your hands by July 28 but that we could not promise delivery that day.

In view of the fact that the NRDC pleading of yesterday, July 27, 1982, " Motion to Reschedule Hearings" constituted a detailed 30-page memorandum of law, NRDC was unable to also complete its second pleading, which is also substantial, for delivery on July 28. It will be delivered to you tomorrow.

As we indicated to you in the conference call yesterday, this pleading raises important issues of the scope of the hearing that go far beyond scheduling. Since we have spent much time and effort in presenting these arguments, and since they are occasioned by a document we received only one week ago, we believe it is only reasonable to expect the Board to consider them.

i 8208020249 820728 DR ADOCK 05000537 PDR New England Ogice: 7 rRIE DRIVE

• NATICK, MA. 0176 0

• 617 655-r656 Public LandsInstitute: 3720 RACE STEET

• DENVI.R CO. 80206 303 377-974o 4!9 73

.m. nn,a nn, 9 9Dh

The Honorable Gustave A. Linenberger July 28, 1982 Page Two The substance of this letter has been conveyed to ' Judge Linenberger by telephone today.

Respectfully submitted,

$4f3 bAF)

Ellyn R.VWeiss L~~

HARMON & WEISS 1725 Eye Street, N.W.

Washington, D.C. 20006 (202) 833-9070 Barbara A. Finamore S. Jacob Scherr Natural Resources Defense Council, Inc.

1725 Eye Street, N.W.

Washington, D.C. 20006 (202) 223-8210 Attorneys for Intervenors Natural Resources Defense Council, Inc.

and the Sierra Club cc: Service List

-