ML20076L469

Motion for Leave to Respond by 830729 to Miami Valley Power Project (MVPP) Reply Brief Re Applicant Opposition to Eight QA Contentions.Mvpp Reply Distorts Record & Applicant Position.Certificate of Svc Encl

ML20076L469
Person / Time
Site:	Zimmer
Issue date:	07/15/1983
From:	Conner T CINCINNATI GAS & ELECTRIC CO., CONNER & WETTERHAHN
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8307190199
Download: ML20076L469 (4)

Text

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Y wx Uf d g.yp p 4 r t JUL 181983 > 31 UNITED STATES OF AMERICA Q

\p cfsce cr ts. s,e, NUCLEAR REGULATORY COMMISSION N gj7gg:&ser. /g Before the Atomic Sa'ety f and Licensing Board / p In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H . Zimmer Nuclear Power )

Station) )

APPLICANTS' MOTION FOR LEAVE TO RESPOND TO REPLY BRIEF OF MIAMI VALLEY POWER PROJECT On July 14, 1983, counsel for The Cincinnati Gas &

Electric Company, et al., (" Applicants") received a copy of a reply brief in the captioned matter filed by Miami Valley Power Project ("MVPP"), along with its motion for a protec-tive order and other pleadings filed with the Appeal Board and Commission. The reply and attachments total several hundred pages. As the Atomic Safety and Licensing Board

(" Licensing Board" or " Board") is aware, it has been the intention of Applicants since MVPP first raised its eight quality assurance contentions over a year ago to have the matter resolved expeditiously. Nonetheless, after reviewing the reply quickly, we conclude that there are a number of points which could not have been anticipated by Applicants in filing their opposition to MVPP's motion and that, in several instances, MVPP's reply severely distorts the record and Applicants' position.

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Accordingly, we have reluctantly determined that Applicants' rights might be prejudiced unless an appropriate response is made on their behalf. Applicants therefore ask that they be permitted to file a response to MVPP's reply brief by July 29, 1983.

Respectfully submitted, CONNER & WETTERHAHN, P ,

Troy B. Conner, Jr.

Counsel for the Applicants July 15, 1983 l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In tbd Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H. Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion for Leave to Respond to Reply Brief of Miami Valley Power Project," dated July 15, 1983, in the captioned matter, have been -served upon the following by deposit in the United States mail this 15th day of July, 1983:

Alan S. Rosenthal, Chairman Dr. Frank F. Hooper Atomic Safety and Licensing Chairman of Resource Appeal Board Ecology Program U.S. Nuclear Regulatory School of Natural Commission Resources Washington, D.C. 20555 University of Michigan Ann Arbor, MI 48104 Stephen F. Eilperin Atomic Safety and Dr. M. Stanley Livingston Licensing Appeal Board Administrative Judge U.S. Nuclear Regulatory 1005 Calle Largo Commission Sante Fe, NM 87501 Washington, D.C. 20555 Chairman, Atomic Safety Howard A. Wilber and Licensing Appeal Atomic Safety and Board Panel Licensing Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety Judge John H. Frye, III and Licensing Board '

l Chairman, Atomic Safety and Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 l

l U_.-.__- . _

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Charles A. Barth, Esq. David K. Martin, Esq.

• Counsel for the NRC Staff Assistant Attorney General Office of the Executive Acting Director Legal Director Division of U.S. Nuclear Regulatory Environmental Law Commission Office of Attorney General Washington, D.C. 20555 209 St. Clair Street Frankfort, Kentucky 40601 Deborah Faber Webb, Esq.

7967 Alexandria Pike George E. Pattison, Esq.

Alexandria, Kentucky 41001 Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq. 462 Main Street Attorney at Law Batavia, Ohio 45103 200 Main Street Batavia, Ohio 45103 William J. Moran, Esq.

Vice President and Lynne Bernabei, Esq. General Counsel Governmer;; Accountability The Cincinnati Gas &

Project /IPS Electric Company 1901 Q Street, N.W. P.O. Box 960 Washington, D.C. 20009 Cincinnati, Ohio 45201 John D. Woliver, Esq. Docketing and Service Clermont County Branch Office of the Community Council Secretary U.S. Nuclear Box 181 Regulatory Batavia, Ohio 45103 Commission Washington, D.C. 20555 Brian Cassidy, Esq.

Regional Counsel Stephen H. Lewis, Esq.

Federal Emergency U.S. Nuclear Regulatory Management Agency Commission Region I Region III John W. McCormick POCH 799 Roosevelt Road Boston, MA 02109 Glen Ellyn, Illinois 60137 Mafk J. Wetterhahn i

cc: Robert F. Warnick Director, Enforcement l and Investigation

. NRC Region III 799 Roosevelt Road Glen Ellyn,_ Illinois 60137 l

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