ML20137W080

Response Opposing Applicant Motion for Extension of Time to File Response to 851106 Order.Urges ASLB to Deny Request & Advise Applicant That Response Must Be Filed Prior to 851207.W/Certificate of Svc

ML20137W080
Person / Time
Site:	Comanche Peak
Issue date:	12/06/1985
From:	Roisman A Citizens Association for Sound Energy, TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C.
To:	Atomic Safety and Licensing Board Panel
References
CON-#485-426 OL-2, NUDOCS 8512100166
Download: ML20137W080 (5)

Text

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UNITED STATES OF AMERICA 02{h U;;

Ch NUCLEAR REGULATORY COMMISSION *g3 UEC ~9

. Before the Atomic Safety and Licensing Board P / ,.75 0= c-bbkg'$hC B

• In the Matter of )

TEXAS UTILITIES GENERATING COMPANY, ) Dkt. Nos. 50-445-2

_e t ._al . ) 50-446-2

)

(Comanche Peak Steam Electric Station )

, Units 1 and 2) )

CASE OPPOSITION TO APPLICANTS' MOTION

'I FOR EXTENSION OF TIME

[p ~AND REQUEST FOR SANCTIONS r.

- f. ~

CASE objects to Applicants' latest untimely,' eleventh hour, and unsupportable request for extension of time. There-is nothing in the call for oral argument by the Appeal Board which .

justifies the extension. In fact, much of the argument in Applicants' Petition for Directed Certification and the Staff Answer is devoted to speculation about the process this Board will follow in providing for fair warning. By attempting to avoid the resolution of this issue in an orderly manner.before the. Appeal Board acts, the Applicants are seeking to perpetuate the false assumption that the fair warning process will not be

~

fair _or workable. An early decision by this' Board will lay that issue.to rest and obviate the need for the Appeal Board to address-idle speculation by Staff and Applicants.

Applicants once again have filed an extension request when an extension is_ virtually a fait accompli and disclosed that probably as late as December 4 they had not prepared any filing in response-to the November 6 Order. This Board should not 8512100166 851206 - y PDR ADOCK 05000445 G PDR

4 countenance such a procedure. We urge the Board to deny the

, requested' extension today and advise Appicants that any response to the Board's November 6 Order must be filed prior to December 7th.

Respectfully submitted, f

MAL AWthony Z. Ro' JEd, d (

Billie P. Ga 4

Trial Lawyers for Public Justice 2000 P Street, NW, #611 Washington, D.C. 20036 (202)463-8600 Counsel for CASE December 6, 1985 4

8 4

UNITED STATES OF AMERICA

( NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the' Matter of )

)

TEXAS UTILITIES GENERATING )

COMPANY, et al. ) Docket Nos. 50-445-2

) and 50-446-2 (Comanche Peak Steam Electric

)

Station, Units 1 and 2) )

inI-

[

CERTIFICATE OF SERVICE

~

By my signature below, I hereby certify that true and correct copies of CASE's Opposition to Applicants' Motion for Extension of Time and Request for Sanctions have been sent to the names listed below this 6th day of December 1985, by:

Express mail where indicated by *; Hand-delivery where indicated by **; and First Class Mail unless otherwise indicated.

Administrative Judge Peter B. Bloch**

U.S. Nuclear Regulatory Commission

• Washington, D.C. 20555 F

,- Herbert Grossman'*

'" Alternate Chairman

ASLB Panel U.S. Nuclear Regalatory Commission Washington, D.C. 20555 1

,; Dr. Kenneth A. McCollom, Dean l' Division of Engineering, Architecture

! and Technology F

Oklahoma State University

Stillwater, Oklahoma 74074 0

a -

Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, Tennessee 37830 t

-Ms. Ellen Ginsberg, Law Clerk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Robert A. Wooldridge, Esquire Worsham, Forsythe, Sampels

& Wooldridge 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Nicholas Reynolds, Esquire **

Bishop, Liberman, Cook, Purcell & Reynolds 1200 17th Street, N.W.

Washington, D.C. 20036

.Stuart Treby, Esquire **

Geary S. Mizuno, Esquire Of fice of Executive Legal Director U.S. Nuclear Regulatory Commission

. Washington, D.C. 20555 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Renea Hicks, Esq tre Assistant Attorney General Environmental Protection Division Supreme Court Building Austin,-Texas 78711 Mrs. Juanita Ellis President, CASE 1426 S. Polk Dallas, Texas 75224 Mr. W.G. Counsil

-Executive Vice President

. Texas Utilities Generating Co.

Skyway lower, 25th Flcor 400 N. Olive Street Dallas, Texas 75201

_3-Mr. Roy P. Lessy, Jr.

Morgan, Lewis & Bockius 1800 M Street, N.W.

i. Washington, D.C. 20036 Mr.~ Thomas G. Dignan, Jr.

Ropes &-Gray 225 Franklin Street Boston, Massachusetts 02110 Alan S. Rosenthal, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

, Dr..W. Reed Johnson l Administrative Judge

' ~

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

?

Thomas S. Moore, Esq.

Administrative Judge Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 s

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ANTHONY n fVw OfSt4AN

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