ML20127G919

Order.* Grants Petitioners Extension of Time Until 930122 to File Brief.Replies to Petitioners Brief Shall Be Filed on or Before 930208.W/Certificate of Svc.Served on 930119

ML20127G919
Person / Time
Site:	Comanche Peak
Issue date:	01/19/1993
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	AFFILIATION NOT ASSIGNED, DISPOSABLE WORKERS OF COMANCHE PEAK STEAM ELECTRIC
References
CON-#193-13547 CPA, NUDOCS 9301220116
Download: ML20127G919 (5)

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i3547 a.im nNxC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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' UD , t In the Matter of )

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TEXAS UTILITIES ELECTRIC COMPANY ) Docket.No. 50-446-CPA

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(Comanche Peak Steam Electric )

Station, Unit 2) )

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SERVED JAll 19 ~'

ORDER The petitioners, R. Micky Dow, Sandra Long Dow and Disposable Workers of Comanche Peak Steam Electric Station, have filed a notice of appeal dated January 7, 1993, of the Atomic Safety and Licensing Board's December 15, 1992 Memorandum and Order, LBP-9?,-

37, denying their intervention petition in this construction permit extension proceeding. Under the terms of 10 C.F.R. S 2.714a (1992), petitioners should have filed a notice of appeal And an-accompanying brief by December 31, 1992.1 With their notice of appe l, petitioners have also submitted a motion for leave to file out of tice and for extension of time to file their brief.

On - the ground that petitioners -failed to demonstrate good cause, staff and the licessee object to the grant of an extension 1

As ' indicated in LBP-92-37 at 51, 10 C.F.R. 5 2.714a(b) permits an . appeal to be filed of an order wholly denying-intervention- 10 days after service of the order. Although- the order was dated December 15, it was.not served on the parties until

. December 16. Because the order was served by first class mail'on the Down, an additional 5 days for filing an appeal was permitted under 10 C.F.R. S 2.710. Filir~ is deemed complete upon deposit of the pertinent document, prope Ly franked ~and addressed, in the mail. 10 C.F.R. S 2.701(c).

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of time in which to file a supporting brief. The Commission is informed that the other intervenors -- the Orrs -- do not object to the extension.

In their motion, petitioners plead the following grounds for relief: (1) the Licensing Board's order did not reach them until "well after" the ten day period for filing had elapsed; (2) the petitioners therefore believed their only recourse was to file an appeal, which they did on December 28, 1992, in a federal circuit court of appeals; (3) their error is due to their inexperience and is not meant as an attempt to delay; and (4) an extension of time is not unreasonable. Petitioners provide no evidence for their first ground othet aan their explanation that receipt of mail forwarded to them in Texas from their former residence in Pittsburgh, Pennsylvania, is of ten delayed owing to Postal Service procedures. As the certificate of service clearly indicates, however, the Licensing Board's order was sent directly to the petitioners' Texas address. Notwithstanding the petitioners' rather specious and clearly inapposite account of their general mail delivery problems, petitioners will be given the benefit of the doubt on this occasion and will be granted additional time to file a brief in support of their appeal. Petitioners' motion is granted in view of their relative inexperience and obvious confusion over the Commission's filing requirements, their gesture of good faith in withdrawing their judicial appeal and, most importantly, the absence of any significant prejudice to other appellants, staff, or the licensee.

3 Petitioners are cautioned that they bear the responsibility of familiarizing themselves with the Commission's procedural regulations and adhering to them. See Georaia- Power Co. (Vogtle Electric Generating Plant, Units 1 & 2), CLI-92-3, 35 NRC 53, 66 (1992). Although the Commission is permitting them to perfect their appeal in this instance, petitioners are expected -in - the future to adhere to the deadlines in the Commission's regulations or seek appropriate extensions of time before-deadlines expire.

Pursuant to my authority under 10 C.F.R. S 2.772(b),

petitioners are hereby granted an extension of time until January 22, 1993, in which to file their brief. Replies to petitioners' brief shall be filed on or before February 8, 1993.

IT IS SO ORDERED.

tS'a " For the Commission im

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g.8 W~ SAMUEL J.-CHILK '

Secretary of the Commission Dated at Rockville, Maryland, this [7 '1 day of January 1993.

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UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION

- In the Matter of TEXAS UTillTIES ELECTRIC COMPANY Docket No.(s) 50-446-CPA-(Comanche Peak Steam Electric Station, Unit No. 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER EXTENDING TIME FOR BRIEF have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appellate Administrative Judge Adjudication Morton B. Margulies,-Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge James H. Carpenter ' Peter S. Lam Atomic Safety and Licensing Board Atomic Safety and Licensing Board-U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Marian L. Zobler, Esq. George L. Edgar,-Esq.

Michael H. Finkelstein, Esq. ' Counsel for T U Electric

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Office of the General Counsel Newman & Holtzinge=r, P.C.

U.S. Nuclear Regulatory Commission 1615 L Street, N.W., Suite-1000 Washington, DC -20555 Washington, DC 20036

• • R. Micky. Dow-Michael D. Kohn, Esq. Sandra'Long Dow Counsel for Petitioners- Disposable Workers of Comanche Peakn Kohn, Kohn & Colapinto, P. C. Steam Electric-Station 517 Florida Avenue, N.W. _ Dept. 368, P. O. Box 19400 Washington, DC 20001 Austin, TX 78760

• • Copies faxed and sent by express mail.

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'l y 6 0 Docket tto (s)50-446-CPA ORDER EXTENDitlG TIME FOR BRIEF day of anury59

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