ML20010B283

Motion to Consolidate Fulton Case & for Extension of 15 Days to File Brief.Cases Present Common Question of Law & Fact. Intervenor Illness Necessitates Extension of Time

ML20010B283
Person / Time
Site:	05000376, 05000463, 05000464
Issue date:	08/03/1981
From:	Fernos G CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108140320
Download: ML20010B283 (3)

Text

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\[.EFORE THE ATOMIC SAFETY AND LICENSING APPEAL rrfhe Matter of

• DOCKET N 5 \376 PUERTO RICC ELECTRIC

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POWER AUTHORITY ( PREPA )

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GONZALO FERNOS, PRO SE, ET AL. Proposed Nor est ,

Intervenors

• Nuclear Plant i n1 \)' j

• Islote Ward, Arecibo, Puerto Rico l

I MOTION OF CONSOLIDATION AND REQUEST FOR AN EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE APPEAL BOARD :

. COMES NOW the undersigned Intervenor, Pro Se, and in representation of Members of Citizens for the Conservation of Natural Resources, Inc. ( CCNR ), collectivelly referred to as the intervenors, and respectfully states, alleges and prays : I e 1.- That on February 27, 1981, the Licensing Board before Administrative Judges Hugh K. Clark, Dr. Donald P. de Sylva and Gustave A. Linenberger granted Philadelphia Electric Company a dismissal of proceedings With Preiudice regarding Dockets Nos. 50-463 CP i

and 50-464 CP, Fulton Generating Stations 1 and 1.* Thereafter, the applicant appealed the decision and the case is at this moment under advisement before the Appeal Board.

e 2.- That the Fulton case presents a common question of law and fact with the case at Enr. Thus, it would be in the best interest of justice and ec.onomy to consolidate both cases.* *

• The intervenors if the Fulton case had the a:sistance of their congressmen. Intervenors of the instant case, however, lack such support. Although the Governor of Puerto Rico personally does not favor the construction of nuclear plants in Puerto Rico, being PREPA a government-owned public corporation, the public interest representation in the government is lccking.

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e 3.- That the undersigned Intervenor has been ill for the last ten days with a severe influenza from which he still has not recuperated completely. Consequently, the study and pre-paration of the Brief has remained idle and cannot possibly be done within the remaining time of two weeks. Since there is no active application in the hands of the ASLAB nor the ASLB, no party's interest will be affected if under such an utraordinary circumstance an additional ex-tension of time to file the Brief is granted, e WHEREFORE, it is respectfully requested that the Fulton case and the instant case be consolidated ; and that to file the Brief intervenors be granted a fifteen (15) day extension of time counted from the date the consolidation order is issued. * *

• in San Juan, Puerto Rico, this 3rd day of August,1981.

0% V Gonzalo Fern 6s, Pro Se, and representing Members of CCNR.

8 f, 503 Barb 6 Street m Santurce, Puerto Rico 00912 kq 4 '

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n TELS : (809) 727-0087 / 727-2287 TO

( Footnote continuation from page 1 )

• The consolidation requested which falls under the discretionary power granted the Commission in 10 CFR i 2.402 (b) and i 2.716, is justified, naturally, provided the Fulton case has not been resolved yet.

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• • • To expedite this proceeding without impairing the rights of any party, the Secretary of the l Appeal Board may call the undersigned intervenor by telephone to inform him the same day when

! decision on the above Motion is issued, so that Interve.. ors' time be running since that date.

/*

'V CERTIFIC ATE OF SERVICE .BY Mall e l HEREDY CERTIFY : That on this same date egy of the above writ entitled :

MOTION OF CONSOLIDATION AND REQUEST FOR AN EXTENSION OF TIME TO FILE BRIEF has been served by First Class / Air Mcil upon +he following : Samuel J. Chilk, Esq., Secretory of the Commission ; Alan S. Rosenthal, Esq., Chairman, ASLAB ( Administrative Judge ) ; Dr.

John H. Buck, Esq., Member, ASLAB ( Administrative Judge ) ; Sheldon J. Wolfe, Esq., Chair-man, ASLB ( Administrative Judge ) ; Dr. Richard F. Cole, Member, ASLB ( Administrative Judge);

Mr. Gottave A. Linenberger, Member, ASLB ( Administrative Judge ) ; Henry J. McGurren, Esq.

Counsel for NRC Staff ; two copies to De ieting and Service Section ; ( All the abo.e bearing some address as follows : U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 ) ; to Maurice Axelrad , Esq., Lowenstein, Reis & Axelrod,1025 Connecticut Avenue, N.W., Wash--

ington, D.C. 20036 ; Joss F. Irizarry, Esq., General Counsel, PREPA, GPO Box 4267, San Juan, Puerto Rico 00936 ; and Dr. Tom 6s Morales-Cardona, School of Medicine, University of Puedo Rico, GPO Bcx 5067, San Juan, Puerto Rico 00936.

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