ML20009E429

Petition for Reconsideration & Request for Extension of Time to File Brief.Belated Mailing of Microfiche Collection & NRC Issuances Adversely Affects Intervenor Opportunity to Conduct Necessary Research

ML20009E429
Person / Time
Site:	05000376
Issue date:	07/21/1981
From:	Fernos G CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8107280198
Download: ML20009E429 (3)

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\Q BEFOR0 THE ATOMIC SAFETY AND LICENSING APPEAL BOARD;(>AKAf),'$g.O g

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in the Matter of WL_j/

PUERTO RICO ELECTRIC DOC KET NO. 50 - 376 POWER AUTHORITY ( PREPA )

, Applicant Proposed North Co GONZALO FERNOS, PRO SE, ETAL. Nuciear Pian g6h Intervenors

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• • * ** ***e ******* g ( i-q 19B1 PETITION FOR RECONSIDERATION AND REQU FOR AN EXTENSION OF TIME TO FILE BRIEF f @

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L d TO THE HONORABLE APPEAL BOARD : m y e COMES NOW the undersigned Intervenors, Pro Se, and in representation of Mr.mbers od Citizens For The Conservation Of Natural Resources, Inc. ( CCNR ), collectively referred to as intervenors , and respectfully states, alleges and prays :

e 1.- That on July 16, 1981, the day after the undersigned Intervenor returned from l

Canada, he neceived from the U.S. Post Office all his correspondence withheld during his obsence. The voluminous mailing includes 5 writs

• from the NRC instrumentalities and the Applicant. The Swrits are listed as follows :

( A ) - Memorandum from Mr. Chase R. Stephens, Chief, Docketing and Service Branch, Office of the Secretary of the Commission, dated May 26, including amendment of 10 CFR Part 2, Appendinx of Rule of Practice, effective May 28.

! ( B ) - ASLAB Order of June 18, 1981 o Dccket 50-376 ( the instant case ).

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! (C ) - NRC Staff Response of June 26, 1 981 to Intervenors' Motion of June 13, 1981.

j ( D ) - Applicant's Response to Intervenors' Motion of June 13, dated June 29, 1981.

l ( E ) - Letter from Henry J. McGurren, Esq., Counsel for NRC Staff to the Appeal l Board, dated June 30, 1981.

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( F ) - Appeal Board's Memorandum and Order of July 2,1981. cso3 1

• ( See footnote on paae 2.)

8107280198 810721 l @f PDR ADOCK 05000376 C

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. 2.- lhat with regard to item ( F ) above, the ASLAB erroneously denied Intervenors' Motion of June 13, 1981 aimed to supplement the record, based, inter alia, on that "neither in the December [ 3],1980 submission nor [in the March 3,1981 J filing below did the intervenors additionally assert possible injury to the landowners as a consequence of the threat of a future expropriation for a nuclear power fncility." The ASLAB in ruling so overlooked that a possible injury to landowners is inferred in our submission of December 3,1980, to the ASLB, to wit :

" Intervenors believe that due prccess and the cause of justice would best be served if the Licensing Board institute a limited discovery proceeding and/or evidentiary hearings aimed only to prove Intervenors' contention that a dismissal of the appli-cation without prejudice will either injuie the public interest.. .

( Page 8 of Intervenors' pleading of December 3,1980 ).

Further, in our submissica of March 3,1981, to the Licensing Board, precisely because of our inferring of the type of injury caused and to be caused to landowners, on page 3 we oye:ted Applicant's claim that it can exercise the power of eminet domain the way it suggests. We said it in these words :

" Applicant also allegess that the motions to desist were of no consequence because it could always institute another reversal action by exercising its power of eminet domain instituted in 22 LPRA i 196(h), 204. Both sections of the Law, however, are j devoid of any mention of such irrational way of exercising the power of eminent domain as Applicant alleges it can do : ex-propriate-desist-expropriate-desist-expropriate, ad infinitum."

Therefore, the ASLAB erred in concluding that Intervenors' attack of the decision below was

! based on " fresh grounds", by injecting a new issue on the appellate level when the record clearly l

shows that those issues were raised below, yet the ASLB foreclosed any opportunity to Interves. ors to prove injury to landowners.

• In the absence of the undersigned, Dr. Tomas Morales-Cardono, who is vacationing at Provenza, France, would have taken action with regard to the 5 writs, but he would not be back until August.

( The above footnote applies to asterisk on page 1, paragraph 1.)

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.3-e 3.- Finally, on footnote 5, page 9 of ASLAB Memorandum and Order of July 2,1981*,

the Appeal Board is taking for granted that a complete microfiche collection of NRC issuances and its corresponding indices have been furnished to the Law Library of the University of Puerto Rico. NRC Staff Counsel, Henry J. McGurren, Esq., in his letter of June 30, 1981 to the ASLAB states that such a mailing was done on June 26, 1981. Notwithtonding that such a belatedly mailing adversely offects Intervenors' opportunity to make the necessary research, now it seems that those materials were sent by rowboot in view of the fact that Miss Altagracio Mirando, the UPR Low School Librarian offirms os of this day that nothing of that sort hos been received.

( Miss Altagracio Mirando's cotrect telephone is ( 809 ) 764-0000, ext. 2555 ). Further, it is to be noted that the publications of NRC issuances ofter January,1981 have been omitted , thus, Intervenors are particularly interested in having access to those omitted decisions.

. WHEREFORE, intervenors respectfully pray the Appeal Board :(1 )- To accept as part of Intervenors' evidence the eight ( 8 ) affidavits included in our submission of Ju.,e 13,1981, so that it be regarded as port of the appellate proceeding ; ( 2 ) - To grant Intervenors a 30 day extension of time to file our brief and that such period be counted from the date in which NRC issuances up to June,1981 are made available to the UPR Law Library, which in any event such on additional time will not be due before August 31, 1 981:

In Son Juan, Puerto Rico, this 21st day of July,1981.

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hG Gonzalo Fern 6s, io Se, and

'fQ MQNV! @f'j$ $ representing Membbrs of CCNR.

503 Barb 6 Street 9,MMg'> Santurce, Puerto Rico 00912 477f- Tel. (809) 727-0087 / 727-2287

• This Memorandum and Order was served onJuly 6,1981. That is, nine (9) days before the under-signed Intervenor returned to Puerto Rico which occurred on July 15,1981 and this is a fcct which the ASLAB ocknowledges in its Memorandum and Order of June 11, 1981.

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