ML19332A196
| ML19332A196 | |
| Person / Time | |
|---|---|
| Site: | 05000376 |
| Issue date: | 09/08/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN |
| References | |
| ISSUANCES-CP, NUDOCS 8009110065 | |
| Download: ML19332A196 (2) | |
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-1 UNIIED SIAIES OF AMERICA g
NUCIBR REGUIATORY CCttilSSION usNac THE ATWIC SAFETY AND LICENSIE BOARD SEP g
p Sheldon J. Wolfe, Esquire, Ch*=n U
Dr. Richard F. Cole, Member 1
&ue Gustave A. Linenberger, Jr., Menber
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In the Matter of
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PUERIO RICO ELECTRIC POWER AUIHORITY
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Docket No. 50-375 CP
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(North Coast Nuclear Plcnt, Unit 1)
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ORDER (September 8, 1980) 1.
On August 27, 1980, Gonzalo Fernos, for himself and on behalf of menbers of Citizens for the Conservation of Natural Resources, Inc. (Intervenors) filed a Motion To Request Legal Assistance. Therein, in part, Intervenors, for 1/
the first time, directly request that we authorize payments from the Nuclear Regulatory Conmission's funds of fees and travel expenses of their legal counsel to be chosen by them.
In Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No. 1), CLI-80-19, 11 NRC 700 (1980), while noting that it favors funding, the Comission stated that it would not provide funding to intervenors in that case because Congress had precluded financial assistance being granted out of fiscal year 1980 appropriations. Accordingly, this part of the instant 2/
bbtion is denied at this time.'~ For fiscal year 1981 Congress may or may not authorize the use of appropriated funds to provide financial assistance to intervenors in NRC proceedings.
1] In the past the Intervenors had only requested funding for past participa-tion. The Order of May 29, 1980 denied that request.
2f We deny with prejudice that part of the Motion requesting that we authorize payments from Applicant's funds to assist the Intervenors. This Board has no authority to assess Applicant or to attach its funds in order to provide I
financial assistance to the Intervenors.
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. 2.
On August 27, 1980, the Intervenors filed a Motion of Clarification-3/
Therein they request that the Board advise whether it would admit and consider indirect, circumstantial evthe regarding whether Applicant has n1=daned any intention to build the North Coast Nuclear Plant, Unit 1.
The Motion is denied because we will not make advance rulings in a void upon the admissibility of evidence nor advise what evidence we will consider in deciding this sole issue. However, the Intervenors are advised that, pursuant to 10 C.F.R. SS 2.743(c) and 2.760(c), only relevant, material and reliable evidence which is not unduly repetitious will be admitted, and our decision will be based upon the whole record and supported by reliable, probative and substmein1 evidence.
We additionally advise, although not requested to do so by the Intervenors, that we will weigh the credibility of any witness presented by any party to testify.
FDR THE AlmIC SAFELY AND LICENSING BOARD h5 10*/A.
SheldonJ.(polfe,~ Esquire Cbn3 m m Dated at Bethesda, Maryland this 8th day of September,1980.
3/ For some reason, Intervenors misunderstand the clear wording at page 2 of our Order dated August 19, 1980. Therein, we stated that the Mr. Fernos may request for himself, as the Intervenors' representative, the procedural assistance provided for in as 2.712 and 2.750, as amended. To date, Mr. Fernos has not so requested.
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