ML20198S872

Responds to Message to Marks Re Info Request on Appeal Deadline & Desire to Serve Appeal Either by e-mail or by Alternative Regular Mail

ML20198S872
Person / Time
Site:	Oconee
Issue date:	01/07/1999
From:	Julian E NRC OFFICE OF THE SECRETARY (SECY)
To:	Hayler N AFFILIATION NOT ASSIGNED
References
CON-#199-19885 LR, NUDOCS 9901120030
Download: ML20198S872 (2)

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From: Emile Julian To: "crwc@rabun. net"@ GATED.nrcsmtp, Sharon Marks oo jg j j p]2 :27 Date: Thu, Jan 7,1999 5:47 PM

Subject:

Re: Info request ,

. Q ~ l' I am responding to your message to Sharon Marks. Earlier today I attempted to respond to your message i

! ' to Sharon and I lost the message. Later in response to your direct message to dilost the message in i j l sending it to you and others in the proceeding. This is my third attempt and I hope you receive c j l in answer to your first question, if you intend to file your appeal by e-mail, service on the Hearingdocket l e-mail address will be sufficient as service on the Commission. We (the Office of the Secretary) will 1 accept service on behalf of the Commission and forward your filing to the Commissioners' offices. You should serve the parties and the Board as you would normally do by e-mail. However, you are reminded that the Commission in CLi-98-17 dated September 15,1998 and the Oconee Licensing Board in an

, Order dated September 18,1998, required that a service by e-mail be followed by service of the original -

and two conforming copies of the filing on the Secretary. Should you serve by e-mail, you are required to serve by midnight on the date that the action is due.

4 On your second question on the appeal deadline, should you desire to serve your appeal either by e-mail

- or in the alternative regular mail, your filing deadline would be January 14,1999. LBP-98-33 was served

, by the Office of the Secretary by regular mail on December 30,1998. The time for appeal would be 10 1 days from the date of service plus five days for service of the Order by regular mail. Thus, your due date

! for filing would be January 14th, regardless of your method of service.

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. I am sending a copy of this response to others on the service lists. I would suggest to the parties that for i

' purposes of responding to a service by e-mail that the date the e-mail was sent would be the date by i which response time is measured. Because the properties for e-mails vary with internet providers, it may be difficult to determine receipt by the " transfer date", the " delivery date" or the "open date" since these dates could be subject to failures or delays of a technical nature. Should the date that a party receives an e-mail vary from the "sent" date, I would suggest that the party note the difference in any response filed, if the response time is delayed.

Emile L. Julian Assistant for Rulemakings and Adjudications a > "Chattooga River Watershed Coalition" <crwc@rabun. net > 01 '07 9:37 AM >n Attn: Sharon Marks Sharon, The Chattooga River Watershed Coalition will be filing a timely appeal of the recent ASLB order denying our petition to intervene in the relicensing

proceedings for the Oconee Nuclear Station. Regarding this filing, we have a couple questions:

- Who needs to receive a copy of the appeal? It will be sent via email, and we presume that the appealis directed to members of the Commission. Can you please provide us with the proper email addresses?

The appeal deadline falls on a Saturday (Jan. 9). Does this affect the deadline? (For example, would the deadline be moved to the next business day-Jan.11th?)

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. Thank you for your assistance; we look forward to your response. l Sincerely, .

Nicole Hayler - . .

Chattooga River Watershed Coalition f l

CC: - Anne W. Cottingham, David A. Repka, J. Michael M .

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