ML19256G269
| ML19256G269 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 12/04/1979 |
| From: | Doggett S AFFILIATION NOT ASSIGNED, DOGGETT, S.A. |
| To: | |
| References | |
| NUDOCS 7912280631 | |
| Download: ML19256G269 (2) | |
Text
t Y
etctoen Q tsnID surES or AxERICA NUCEAR REGUIAIORY Gra!ISSIGT C*,* M E emas A'It2dIC SAITIT AND LICENSEE APPF.AL DQARD e
Alan S. Eosenthal, N i - a Dr. Johh H. Buck Michael C. Farrar In the Matter of i
1005I12i LIGfrDU & POWER G2,tPANT I
Ibcket No. 50-466 (Allens Creek Nuclear Generating Station, Unit 1) g
.W TICE OF APPEAL DCNALD D. %IAVER, by and through his attorney of recort!
SIEPHEN A. IOCGEIT, hereoy gives notice of his appeal of the Order dated November 19, 1973 by the Atcnic Safety & I.icensing Board ruling that his petition for leave to intervene dated July 17, 1979 will be treated as merely a request to unke a limited appeaztce as opposed to a petition for leave to intervene as a full party.
BRIEF IN SCPpORT OF APPEAL
'Ibe Atcnic Safety and Licensing Board Order dated Nownber 19, 1979 is errcneous in its treatment of IXI\\ AID D. RIAVER's petition for 3 reasons:
(1) the publication of notice in the Federal Register only is a denial of fair notice and due pztx:ess; (2) the Supplanental Notice of Intervention Procedures dated June 12, 1979 published in the Federal Regis+,er is defective in requiring Petitioners to state that they failed to file petitions for leave to intervene pursuant to the Boarti's prior notices because of restrictions in those notices; the defective notices are tantacount to no notice and the requirunent of a statanent or proof of intimiriation by the restz'fetions in prior notices denies t
due process, i
(3) DCNALD D. W' AVER in fact failed to intervene because of the restrictions in prior notices, as us stated in the recotti by Mr. J. Margan Bishop. Mr.
Weaver was unable to be present as bo was in HEaii during the bearings.
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Applicant in a lbtion to Schedule Special Prehearing Conference pursuant to 10 CHI Q 2.751a dated 7/30/79 requested that the Boani require petitioners to be pmsent and respond under oath to inquiries as to the basis of their statements that they failed to file petitions for leave to intervene under the Boani's notices of May 31 and Septanber 11, 1978. The NRC Staff's Response to Applicant's ibtion dated August 3,1979 took the position that extensive inquiry into the circunstances surromdin? the filing of each petition was not necessary and that petitioners should not be required to respond tman oath. The Board's Onier Scheduling Special Prehearing (bnference dated Ausust 6,1W9 c:akes no mention of this issue. Nor did the Board's Supplanental Order dated Septater 13, IM9 address DChAID D. WEAVER did appear through counsel and counsel presented this issue.
infon::ation to the Board through Mr. J. Lbrgan Bishop on the issue of prior notice intimidation. To reject this infon::ation on the basis that it is hearsay sould be unfair in light of the Boazti's notices reganiirg the bearing and related pleadintm filed by the Applicant and Staff which certainly did not put Mr. Weaver on notice that he would bave to personally appear at the conference and on the contrary, i= plied that prior intimidation would be only a minor issue. Moreover, the Board's Order rejecting Mr.
Weaver's petition places fann over substance in basing its decision on Mr.
Weaver's failure to explain why be did not say in his petition that he sus intimidated in the face of the statement by Ms. Bishop that Mr. Yeaver stated that be was in fact intimidated.
Respectfully subnitted, C. I'l.
t Stephen A. Doggett 4
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5 DEC to GIS > b CNTIED STATIE OF A!StICA w.m W hu2IAR REXKLUGuf CmMISSIGT WA" AimIC SAFEIY AND LICE 5SCG APPEAL DOARD Alan S. Posenthal, C:airmn Dr. Jota H. Buck
. Michael C. Farrar In the Matter of G
O III;SIm LImrCG & lorER CIEPAhT Q
Docket No. 50-466 0
(Allens Creek Nuclear Generating i
Station, Unit 1)
Q NorICE OF APPEAL KATURYN OPIO, by and thruigh her attorney of record SIEPIET A.
rrw1*r, bereby gives notice of her appeal of the Order dated Novecber 19, IM9 by the Atomic Safety and Licensing Board zuling that her letters of July 18, 1979 and of Septecter 13, 1979 will be treated as merely request to m ke a limited appearance as opposed to a petition for a
leave to intervene as a full party.
BRIEF IN SCPIORT OF APPEAL The Atcmic Safety and Licensing Board Order dated Novwber 19, I M O treating KATURYN OPIO's letter of Septarber 13, 1979 is erzoneous for 2 reasacs:
(1) the publication of notice in the Federal register only is a denial of fair notice and due process and (2) the Supplanental Notice of Intervention Procedures dated June 12, 1979 published in the Federal Register is defective in requiring Petitioners to state that they failed to file petitions for leave to intervene pursuant to the Board's prior notices because of restrictions in those notices; the defective noticos are tantamount to no notice and the requiranent of a statenent or proof of intimWtion by the restrictions in prior notices denies due process.
Respectfully subnitted.
[b9Ib Stephen A'. Doggett 1650 213
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l tsIn SrATES OF mIRIcA n,
NLCIAR IUXUrJHY 0344ISSICN W
- 3 DEC 101979 > g AMIC SAFErY AND LICCGIE APPEAL ICARD
%l't:1::::'
S Alan S. Rosenthal, Chaincu Dr. John H. Duck Michael C. Farrar In the Matter of 6
IOUSICN LImrING & p0ER COPANY l
Docket No. 50-466 (Allens Creek Nuclear Generating Station, Unit 1)
Q WrICE OF APPEAL PATRICIA L. SIREIILN, by and through her attorney of record SIEPIEN A. DOGGETT, bereby gives notice of her appeal of the Order dated Noveaber 19, lW9 by The Atctnic Safety and Licensing Board Isling that her letter of July 17, 1979 will be treated as merely a request to make a limited appearance as opposed to a petition for leave to intervene as a full party.
BRIEF IN SGTORT OF APPEAL
'Ihe Atcznic Safety and Licensing Boazt1 Order dated Novunber 19, 1979 treating PATRICIA L. SIREIIEN's letter of July 17, IM9 is erroneous for q reasons (1) the publication of notice in the Federal Register only is a denial of fair notice and due process, (2) the Supplanental Notice of Intervention Procedures dated July 12, IM9 published in the Federal Register is defective in requiring Petitioners to state that they failed to file petitions for leave to inter-vene pt.rsuant to the Boani's prior notices because of the restrictions in those notices; the defective notices are tantamount to no notice and the requirtrent of a statenent of proof of intimidation by the restrictions in prior notices denies due process, (3)
PATRICIA L. STREIIEN in fact failed to intervene because of the restrictions in the prior notices; her inforntion was newspaper accounts which acettately set out the restrictions of the prior notices.
Respectfully sutrnitted,
-4ek Stephen A. Doggett
f NE INITED STATES OF AMERICA hviEAR min,UmY CD.MISSIN DEC 9187
~ w.r A'2IC SAILTY AND LICESSING APPEAL DQARD Alan S. Rosenthal, Chairma Dr. John H. ax:k Michael C. Farrar In the Matter of i
IIIISM LIGIIING ASD IGER C2@ANY Q
Docket No. 5(M66 (Allens Creek Nuclear Generating Station, Unit 1) 0
}DrIN IDR EITD; SIN OF TIhE Under the (h'91mion's zules of practice, appellants' IXIWD D. WEAVER, PATRICIA L. SITEIIEN, and KAIIDIYN OPIO Notices Appeal and A
Supporting Briefs would be due Deca 2er 4,1979.
Appellants attorney SIEpEN A. DOGGEIT, is a solo law practitioner.
The ONer which appellants seek to appeal was not received by said attorney in the mail fzus the Board until Novater 26, 1979. On that date counsel was required to make court appearances in two felony criminal cases, two
'Ihe child custody case, and one involuntary mental health conmitment.
trial of one of the first degree felony cases was ca cenced. ' Itis was a very serious, involving a possible life sentence, and counsel was required
<.e u Counsel to devote all of his time to this atter on Nova 2er 27, 28, and 29.
was required to spend the bulk of hovember 30 and Deca 2er 3 on previously scheduled client conferencq,and court appearances.
ct.- wJ In sut: mary, cotzisei has been unable to fully prepare Supporting Briefs for the appellants because of other pressing a tters.
Moreover, the sole typewriter in counsel's office became inoperable around 1 p.m. on Decater 3,1979, and zmainart inoperable throughout December 4, 1979.
Finally, counsel for appellants does not have access to a local federal law library and mst travel to Houston, Texas, 30 miles away to fully brief legal questions, e-1650 213
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pmnises considered, counsel for appellants requests an additiord 10 days to prepare supplanental briefs in support of appellants appeals.
Respectfully w hnitted, S u c.o ~
Stephen A. Doggett 1650 216
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