ML19331D909

Motion for Ruling on Intervenor 800718 Submission Seeking Legal Assistance During Hearings Plus Round Trip Travel & Lodging Expenses for Counsel.Certificate of Svc Encl

ML19331D909
Person / Time
Site:	05000376
Issue date:	08/27/1980
From:	Fernos G CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8009040233
Download: ML19331D909 (3)

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27 August,1980 UNITED STATES OF AMERIC A N UCLE AR REG ULATORY COMMISSIO N BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ( ASLB )

In the Matter of PUERTO RICO ELECTRIC POWER DOC KET NO . 50- 376 AUTHORITY ( POWER COMPANY )

Applicant Proposed North Co GONZALO FERNOS, PRO SE, ET AL.

• Nuclear pia nt ( 1 Of

• Islote Ward, Are Intervenors verto Ric

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2D>T MOTION TO REQUEST LEGAL ASSISTANCE O e q 2~ 'g**a

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TO THE HONORABLE BOARD :

e COMES NOW the undersigned Intervener, Pro Se, and in represeh Members of Citizens for the Conservation of Naturel Resocrces, Inc. ( CCNR ), and respectfully states, alleges and prays -

e 1.- Intervenors' Petition of April 30, 1980, requested, inter alia, to impose upon Applicant " costs and a damage sum of 510,000.00 on behalf of inte;venors for com-peiling us to litigate for five years a meaningless applicatien." By Order of May 29, 1980, the ASLB denied such cests and damage sum statting that " such a claim is clearly precluded

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by the Commission's determination not to provide funding fer interveners."

e 2.- In the pleading of their Memorandum of July 18, 1980, to the Appeal Board, Interven:r. prayed to be " treated in forma pouceris, providing then with the legal counsel of their choice, including counsel's travel for and lodging expenses during hearings."

e 3.- In their Memorandum of August 4,1980, to the Appeal Board, Intervenors prayed to be granted "the reans to obtain funds for retaining legal assistance.. ." In plead-ing so, Intervenres stated :

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• n Motion to Request Legal Assistance Docket No. 50- 376

" Intervenors wish to emphasize the need for legal assistance by means of providing Intervenros with funds which con be used ' to retain counsel in this Docket and its subsequent legal followings cnd procedures, redresses and remedies.' It is to be notec that although in Quenicassee, supra, the Commission did not reach the point of resolving on the merits the petitioners' request for attorney's fee, neither did the Commission rule out 1 that the Rules of Practice and the Atomic Energy Act of 1954, os amended, preclude the Commission from granting legal funds to intervenors. Such preclusion was not raised, naturally, because there is no such prohibitory disposition in the statutes and regulations. Intervenros need not to stress again the urgen-cy for such legal assistance and thus rely on the Appect Board's broad judgment to oversee that parties in an ongoing proceeding be properly represented."

e 4.- In the Appeal Board MEMORANDUM AND ORDER of August'11,1980, I

( ALAB-605 ) by way of footnote the Appect Board ruled on the cbove es follows :

" In their July 18,1980 submission to us (ct pp. 7-8 )* the intervenors csk that we give certain procedural instructions to the Licensing Board. We decline to do so. Whether they cre entitled to the relief which is sought on that score also is more cpproprictcly left to the Bocrd below."

However, the Licensing Board ORDER of August 19, 1980. is silent about ruling 1- on the above.

• The full text of the requested procedurci instructions states es follows : "In the event that evidentiary hearings are conducted in Puerto Rico in the very necr future to enable the censing Board to inquire whether or nct Applicant has chandoned its intention to construct the North Coast Nuclear Plant facility, it would be in order for the Appeal Board to advise the Licensing Board to treat Intervenros in forma pauperis cnd thus authorize payments from NRC or Applicent's funds of fees and travel expenses of a legal counsel for Intervenros chosen by the letter. No doubt that the Appeci Board is fully cognizant of the fact thct the undersigned Intervenor is not a lawyer end that his personal cIcshes with counsel for Applicant,  ;

if recurred, may not contribute to maintaining the prospective hearings free of further personal  ;

clashes which could obstruct the conduct of the proceedings. In view of this undesirable situ-ction and in consideration of the constitutionci provisions guerenteeing due process and equel .

protection of the law, Intervenors prey the Honorable Appeal Board to recommend to the ASLB thet they institute the means to provide legal counsel for Intervenors during hecrings including travel expenses from Washington, D.C. or New York and lodging in Puerto Rico."

l Motion to Request Legal Assistence Docket No. 50-376 e WHEREFORE, Intervenors prey the Honorable Licensing Board to rule on the cbove metter so as to grant Intervenors the relief sought, that is, legal assistance during hecrings, including round trip travel and lodging expensed for counsel from Washington, D.C.

In San Juan, Puerto Rico, this 27th day of August,1980.

2 5 Gonzalo Fern 6s, Pro Se, and C -

representing Members of CCN;

, 503 Barbs Street Santurce, Puerto Rico 00912 Tels. (809) 727-0087 /727-2287 CERTIFIC ATE OF SERVICE BY Mall e i HEREBY CERTIFY : Thet on this some date original and 2 copies of the above motion entitled : MOTION TO REQUEST LEGAL ASSISTANCE have been filed by First Class U.S. Mcil with the Nuclecr Regulatory Commission, Decketing and Service Section ; one copy served by First Cicss or Air Mail en each of the following : Alan S.

Rosenthal, Esq., Chairmen, ASLAB ; Dr. John H. Buck, Member, ASLAB ; Michcel C.

Farrar, Esq., Member, ASLAB ; Sheldon J. Wolfe, Esq., Chairman, ASLB ; Dr. Richard F. Cole, Member, ASLB ; Mr. Gustave A. Linenberger, Member, ASLB ; Edwin J. Reis, Esq.,

Counsel for NRC Staff ( All the above becring same address as follows : United States Nuclear Regulatory Commission, Washington, D.C. 20555 ) ; Maurice Axelrod, Esq., Lowenstein, Newman, Axelred & Toll,1025 Connecticut Avenue, N.W., Washington, D.C. 20036 ;

Joss F. Irizarry, Esq., legal Counsel for Applicent, Puerto Rico Electric Power Authority, GPO Box 4267, San Juan, Puerto Rico 00936 ; Eng. Alberto Bruno Vega, Executive Director, Puerto Rico Electric Power Authority, GPO Box 4267, San Juan, Puerto Rico 00936.

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Gonzolo Fern 6f

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