ML20084G131

Request for Extension of Time Until 840517 within Which to Appeal Assertion That Intervention Granted to Jacksonians United for Livable Energy Policies Should Have Been Wholly Denied.Certificate of Svc Encl

ML20084G131
Person / Time
Site:	Grand Gulf
Issue date:	05/02/1984
From:	Knotts J KNOTTS, J.B., MISSISSIPPI POWER & LIGHT CO.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
OLA, NUDOCS 8405070083
Download: ML20084G131 (5)

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UNITED STATES OF AMERICA DOLMETED NUCLEAR REGULATORY COMMISSION UNC Mi BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL.

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CCC:iTU CFFICE OF SEu..ze' B1 In the Matter of

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GCCMETIM & p,E"iU

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BRANCr.

-MISSISSIPPI POWER & LIGHT COMPANY, )

et ale

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Docket No. 50-416 OLJL

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(Grand Gulf Nuclear Station,

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Unit No. 1

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Licensees' Request for Extension e

of Time Within Which To Appeal Cn April 23, 1984,. the Atomic Safety and Licensing Board. in the captioned matter issued a Memorandum / in this operating l

license amendment proceeding, which granted intervention to a group called Jacksonians United for Livable Energy Policies

(" JULEP") and admitted two contentions.

Licensees Mississippi i

Power & Light Company, et al. hereby request an extension of time within which to file an appeal pursuant to 10 C.F.R. $2.714a 1

asserting that intervention should have been wholly denied..

The extension requested is to and including Thursday May 17, 1984.

As grounds for this extension of time, Licensees submit. the E

following:

1.

The undersigned attorneys have just been retained-as counsel in this matter and need time to review the relevant papers and to formulate a definitive 1/

Second Order Following Prehearing Conference (Admitting Intervenor and Ruling on Contentions).

8405070003 840502 PDR ADOCK 05000416 d>(bEb O

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2-4 recommendation regarding an appeal.

As this would be a

$2.714a appeal, if that recommendation is affirmative, counsel will need sufficient time in which to prepare the appeal.

2.

Based on a preliminary review of the papers, it appears that the question presented may be novel and precedent-setting, in that the Licensing Board memorandum admitting contentions acknowledges that the two contentions admitted would, under " general judicial a

authority" normally be considered moot.

(Memorandum at 13-14).

The Licensing Board reasoned, however, that the Congress intended that a hearing would be held in ali such cases notwithstanding that the action permitted under the am'endment may have been completed and hence rendered moot.

(Memorandum at 14-15).2/

It appears that thi6 ruling, pertaining as it does to the procedures to be followed under the so-called "Sholly" amendments to the Atomic Energy Act, raises novel and important questions which are likely to arise in other proceedings involving "one-time" amendments.

It is,'

therefore, important to take the time adequately to E

brief these, novel and important questions.

4 2/

The Board's reasoning was set forth with regard to renumbered contention 2; it applied the same reasoning in admitting renumbered _ contention 3.

(Memorandum at 15-16).

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h 3.

No prejudice to other parties or to the public interest should arise as a result of the extension of time, since granting the extension of time and pursuit of the appeal would not affect other aspects of the Board's memorandum, including the schedule for discovery on the admitted contentions and for a status report (Memorandum at 16).

Counsei for the NRC Staff has advised us that the Staff has no objection to the extension of time requested herein.

Ms.

Stewart on behalf of JULEP has likewise indicated no objection.

For the foregoing reasons, we believe that good cause has been shown for the extension of time and request that it be granted.

Respectfully submitted, m

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v Joseph B.

Knotts, Jr.

Attorney for Mississippi Power & Light Co.

May 2, 1984

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DOCKETED U%RC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g gq BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD OFFIE OF SECRETAc t 00CAETING & SEPVIU.

BRANCH In the Matter of

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MISSISSIPPI POWER & LIGHT

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Docket No. 50-4160LA COMPANY, et al.

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(Grand Gulf Nuclear Station,

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Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of " Licensees' Request for Extension of Time Within Which To Appeal" dated May 2, 1984 in the captioned proceeding have been served upon the following by deposit in the United States mail this 2d day of May 1984:

Alan S.

Rosenthal Robert B.

McGehee Atomic Safety and Licensing Wise, Carter, Child Appeal Board

& Caraway U.S.

Nuclear Regulatcry 600 Heritage Building Jackson, Mississippi 39201 Commission Washington, D.C.

20555 Herbert Grossman, Chairman Docketing and Service Branch Atomi~c Safety and Licensing U.S.

Nuclear Regulatory Board Commission U.S.

Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Dr. James H.

Carpenter Atomic Safety and Licensing Atomic Safety and Licens^ing Board Board U.S.

Nuclear Regulatory U.S.

• Nuclear Regulatory Commission i

Commission Washington, D.C.

20555 Washington, D.C.

20555 Dr. Peter A.

Morris Mary E. Wagner, Esq.

Atomic Safety and Licensing Counsel for the NRC Staff Board Office of the Executive U.S.

Nuclear Regulatory Legal Director Commission U.S.

Nuclear Regulatory l

Washington, D.C.

20555 Commission j

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Washington, D'.C.

20555 I

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Mississippi Power & Light Cynthia Ann Stewart Jacksonians United for Company Attn:

J.P.

McGaughy, Jr.

Livable Energy Policies Assistant Vice President Route 3 Nuclear Production Box 314W P.O.

Box 1640 Jackson, Mississippi 39213 Jackson, Mississippi 39205 Ken Lawrence Jacksonians United for Livable Energy Policies P.O. Box 3568 Jackson, Mississippi 39207 A

-r Jzsepy s. xnotts

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