ML19346A037

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Order Denying Intervenors G Fernos,Et Al 810512 Request to Toll Time to File Supporting Brief Pending Govt Investigation Outcome.Time to File Brief Extended to 810703
ML19346A037
Person / Time
Site: 05000376
Issue date: 06/01/1981
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To: Fernos G
CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
References
NUDOCS 8106040419
Download: ML19346A037 (2)


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4 ' W a, UNITED STATES OF AMERICA NUCLEAP REGULATORY COMMISSION

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ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

. Alan 3. Rosenthal, Chairman J7 -

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Dr. John H. Buck

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In the Matter of

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PUE~rO RICO ELECTRIC POWER

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Docket No. 50-376

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(North Coast Nuclear Plant,

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'i ORDER v,

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June 1, 1981 On February 18, 1981, the Licensing Board issued a memorandum and order in which, on the applicant's motion, it terminated this construction permit proceecing "without prejudice."

On March 26, the Board denied a petition for reconsideration filed by intervenors Gonzales Fernos et al.,

who insisted that the termination should have been "with prejudice."

i on May 12, acting under an extension of time granted by this Boarl, the intervenors filed a notice of appeal f cm 9 0 @-

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the February 18 order.

Accompanying the notice was a request that the running of *

-9 time period prescribed by 10 CFR 2.762(a) for the filing of intervenors' supporting brief be tolled pending the outcome of a governmental investigation of applicant's operations said to be now underway in Puerto Rico.

The request is opposed by both the applicant and the NRC staff.

The appeal from the Licensing Board's order must be founded on t'he record before that Board.

Thus, its con-sideration and determination cannot be affected by any disclosures during the course of the investigation in question.

Accordingly, the intervenors' request is denied.

The time for '.he filing of their brief is, however, hereby extended to and including July 3, 1981.

No further exten-sions will be granted except for extraordinary cause.

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