ML19332B397

Motion for Direct Certification Requesting That CP Application Be Dismissed W/Prejudice Rather than Accepting Applicant Withdrawal Terminating Proceeding.Certificate of Svc Encl

ML19332B397
Person / Time
Site:	05000376
Issue date:	09/17/1980
From:	Fernos G CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19332B398	List: ML19332B397 ML19332B404 ML19332B405
References
ISSUANCES-CP, NUDOCS 8009260670
Download: ML19332B397 (3)

Text

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• ll NOTE : Su add 2ndum attached h:rato. .Hr Ssptcmbsr,1980 UNITED STATES OF AMERIC A B EFORE THE N UCLE AR REG ULATORY COMMISSIO N in the Matter of

• DOCKET NO. 50- 376 PUERTO RICO ELECTRIC POWER AUTHORITY ( POWER COMPANY ) Proposed North Cocst Applicant

• Nuclear Plant ( Unit 1 )

lslote Word, Arecibo, Puerto Rico GONZALO FERNOS, PRO SE, ET AL.

• g g Intervenors *

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-: MOTION FOR DIRECT CERTIFICATION TO REQ: p*1 APPLICATION BE DISMISSED WITH PREJUDIC f::/, ' , 1960 # '

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TO THE HONORABLE COMMISSION : /f -

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N li e COMES NOW the undersigned

• Intervenor, Pro Se, and in recenntation of Members of Citizens for the Conservation of Natural Resources, Inc. ( CCNR ), and respectfully states, alleges and prays :

.1.- That on April 30, 1980, Intervenors filed with the Licensing Board a petition requesting the latter to conduct a show cause hearing to determine whether the application should be dismissed with orejudice for Applicant's lack of intent to build the North Coast Nuclear Plant.

e 2.- That on September 11, 1980, after many motions and responses by the parties and orders issued by the Licensing Board and the Appeal Board, Applicant filed with the former two motions regarding : (o ) -its notification of withdrawal of application to build the North Coast Nuclear Plant referred to in t' . e-captioned docket ; and

( b ) - a request for termination of preceedings thereof.

. 3.- That although not specifically stated therein, Applicant's motions referred to above are predicated on 10 CFR 12.107(a). It is evident that under such dispositions of the Rules of Practice, the Commission has either one of only two citernatives to act upon :

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M:tien for Dirret Csrtification... Docket No. 50-376 (o) " deny the application " ; or ( b ) " dismiss it with pre [udice ". Intervenors ex-pect no less than a dismissal of the application with oreiudice, e 4.- That Ints.venors' petition of April 30, 1980 requested that " upon Applicant's failing to satisfactorily refute [Intervenors' allegation of Applicant's lack of intent to build the Nuclear Plant ] to issue order dismissing the above-captioned ap-plication with preiudice. . ." ( Page 4 of the Petition ),

e 5.- That NRC Staff Memorandum of June 27,1980's note 17 at page 11 states that " such a dismissal would not be appropriate ". Intervenors replied in the:- Memorandum of July 18,1980, pp. 9 cnd 10 whereby they " vehemently disagreef d] with the staff's views, giving thereupon their reasons why the decision cannot be "less than a dismissal of the application with oreiudice."

e 6.- That Intervenors firmly believe that an cJiudication of the case by dis-(

missing the application "without prejudice" while proceedings are to be stopped short of carrying out any fact findings would thwart the due process principle and thus leave the case open to further litigation, e WHEREFORE, intervenors respectfully p cy the Honorable Commission for o direct certification of the above, ordering either the dismissal of the application with pre-Judice or else that the proceedings not be termincted until after evidentiary hearings are conducted to encble the Licensing Board to know the full facts why the dismissal cannot be less than with crejudice, e in San Juan, Puerto Rico, this 17th day of September,1980.

( See first line, page 1 ) The undersigned Intervenor did not expect to be back to Puerto Rico until after September 22, 1980 , as stated forth in Interveners' Motion of September 3, 1980. However, the Ictest development of the case compelled him -- with the consent of his surgeon-to return to Puerto Rico promptly.

Motion for Direct Certification.. . Docket No. 50-376

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$ . $j7 Gonzalo Fern 6s, Pro Se, and u .

representing Members of CCNR 503 Barb 6 Street Santurce, Puerto Rico 00912 TeIs. (809) 727-0087 / 727-2287 CERTIFIC ATE OF S ERVICE BY Mall e i HEREBY CERTIFY : That on this some date 3 copies of the above motion enti!ted * [btion for Direct Certification to Reauest Application Be Dismissed With Preiudice, have been filed by U.S. Air Mail with the United States Nuclear Regulatory Commission, Docketing and Service Section ; one copy served by Air or First Class Moil on each of the following : John F. Ahearne, Chairman, NRC ; Victor Gilinsky, Member, NRC ; Joseph M. Handrie, Member, NRC ; Peter A. Bradford, Member, NRC ; Alan S.

Rosenthal, Esq., Chairman, ASLAB ; Dr. John H. Buck, Member, ASLAB ; Sheldon J.

Wolfe, Esq., Chairman, ASLB ; Dr. Richard F. Cole, Member, ASLB ; Mr. Gustave A.

Linenberger, Member, ASLB ; Henry J. McGurren, Esq., Counsel for NRC Staff ( All the cbove bearing some address as follows: United States Nuclear Regulatory Commission, Washington,D.C. 20555 ) ; Maurice Axelrod, Esq., Lowenstein, Newman, Axelrad & Toll, Connecticut Avenue 1025, N.W., Washington, D.C. 20036 ; Jos6 F. Irizarry, Esq., Legal Counsel fer Applicant, Puerto Rico Electric Power Authority, GPO Box 4267, San Juan, '

i Puerto Rico 00936 ; and Eng. Alberto Bruno Vega, Executive Director, Puerto Rico Electric Power Authority, GPO Box 4267, San Juan, Puerto Rico 00936'. . . ,

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