ML19263C442

Motion by Intervenors to File Late Response to Opposition by Fl Power & Light Co to Motions for New Contention & for Stay,Due to Atty'S Delay for Lack of Time & Money

ML19263C442
Person / Time
Site:	Saint Lucie
Issue date:	01/30/1979
From:	Hodder M AFFILIATION NOT ASSIGNED
To:
Shared Package
ML19263C443	List: ML19263C442 ML19263C445
References
NUDOCS 7902220254
Download: ML19263C442 (2)

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U'lITED STATES OF A!1 ERICA NUCLEAR REGULATORY COMt1ISSIO 1 SEFORE THE ATOMIC SAFETY AtlD LICENSIllG APPEAL 30ARD In the "atter of )

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In, FLORIDA P0'JER AND LIGHT COMP A!!Y Docket 'lo. 50-389 f, (St. Lucie Nuclear Power

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1. e 8 MOTI0t! FOR LEAVE TO FILE .

Y, ~ w s Intervenors motion for leave to file late their Interveno W ~.. >

is y i resconsa to "Gooosition of Florida Dower and Licht Comsany to ' Motion for a New Contention' and ' Motion fo r S tay' ".

S r. 'ugust 11, 1978 Intervenors filed a" Motion for a !!aw Contention and a " Motion for a Stay" in the captioned oroceedings. The Applicant utility and Staff, each filed responses on August 23, 1978 and August 31 , 1978 respectively. Counsel for Petitioners , an impecunious sole practitioner, confronted with 1itigation before both the itRC Apoeal Board and on the instant case on appeal befo re the U.S . Court o f Appeals for the District of Columbia Circuit (Case 76-1709) and finding his resources of time, energy, and money severely strained, elected to defer addressing the Appeal Board issues and instead decided to concent-rate upon matters in what he per:sived to be the order of greatest p rio ri ty , i .e. meeting the exoenses of providinn for nis family ,while at the same time effectively pursuing the U.S. Court acceal.

Therefore, while Intervenors believe nothing is imoossible, their counsel, out of necessity did not oursue, during the Fall o f 1975, the Apoeal Soard issues. This was a most unhappy decision for counsel for Intervenors and it caused no small amount o f anguish because it meant delaying a response to the charge of Mr. Harold Reis , counsel for the Aoplicant utility, that Petitioners Motion for Stay contained false accusations * (See Oooosition of Florida o ower and Light Comoany to " Motion for a New Contention" and " Motion for Staff" -?. 19.)

=ine d:liity Co. mace sim11 ar accusations before the U.S. Court of Appeal District of Columbia on August 15, 1978 in their Motion to Strike Portions of Petitioners Reciv 3 rief before the U.S . Court of Appeals 0.C. C1rcuit , Case .30. 75 1706, 7902220 M

Intervenors' counsel, who assumes sole responsibility for the contents of the " Motion for Stay"of August 1978, asks this Appeal Board, as a matter of equity to allow leave to file his response and ref utation of these unfounded charges by the utility comoany.

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o Martin Harold Hodder Counsel pro se and for Petitioners 1131 N.C. 86 Street Miami, Fla. 33133 Tel. No. 305 751-8706