ML20010D162

Request for Consolidation W/Fulton Proceeding & for 15-day Extension to File Brief.Instant Case & Fulton Proceeding Present Common Question of Law & Fact.Certificate of Svc Encl

ML20010D162
Person / Time
Site:	05000376
Issue date:	08/03/1981
From:	Fernos G CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8108240067
Download: ML20010D162 (3)

Text

_ _- - - _ - = - _ - - - - . . - - _ - - - - - - . _ .-

i sa l/ .

3 3 August,1981 1 isb < n g@ > Q  !

pE a .,

UNITED ST ATES OF AMERIC A qE

]\

,y ')'

NUCLE AR REG ULATORY COMMISSION

.' ' , '/

q, U

]

y 6> BEFORE THE ATOMIC SAFETY AND LICENSINGgAPPEAL BOAR 1

in the Matter of DOC KET NO. 50- 3W \

PUERTO RICO ELECTRIC

• Q \b l POWER AUTHORITY ( PREPA )

gT g@"

j Applicant  ; gGG " p#eo" ,e j

GONZALO FERNOS, PRO SE, ET AL.

Proposed Nort h Coo '1

.jpo A J '

! Intervenors

• Nuclear Plant ( Unit , -

Islote Ward, Arecibo, Puerto RQM '

MOTION OF CONSOLIDATION AND REQUEST FOR AN EXTENSION OF TIME TO FILE BRIEF 1

i 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 ), colectivelly referred to I

1 as the Intervenors, and respectfully states, alleges and prays :

. l .- 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 i

Electric Company a dismissal of proceedings With Prejudice regarding Dockets Nos. 50-463 CP i

i and 50-464 CP, Fulton Generating Stations 1 and 1.* Thereafter, the applicant appealed the I

decision and the case is at this moment under advisement before the Appeal Board.

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

• The intervenors ihthe Fulton case had the assistance 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 lacking. "

i Mg r tt ? N o e, o ~r* fl 0108240067 010803 O [ I/E/O// M DR ADOCK 0500037

-g.

. 3.- That the undersigned Intervenor has been ill for the last ten days with a severe influen o from which he still has not recuperated completely. Consequently, the study and pre-paration of the Brief has remained idle end cannot possibly be done within the remaining time 1

of two weeks. Since there is no active appliention in the hands of the ASLAB nor the ASLB, no party's interest will be affected if under such an extraordinary circumstance an additional ex-I 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.

l%l W Gonzalo Fern 6s, Pro Se, and c'2 3 gg= wg representing Members of CCNP, e --MN 503 Barb 6 Street 8 7' h$

. ':~-a I. Yi3 '

Santurce, Puerto Rico 00912 TELS : (809) 727-0087 / 727-2287 W;hO c3 ja c

(L ,.Py

Q::2Xf NRib15W i

I

( Footnote continuation from page 1 )

l *

• The consolidation requested which falls under the discretionary power granted the Commiss, ion

' in 10 CFR 12.402 (b) and i 2.716, is justified, naturally, provided the Fulton case has not been resolved yet.

• • • To expedite this proceeding without impairing the rights of any party, the Secretary of the l Appeal Board may call tI1e undersigned Intervenor by telephone to inform h:m the some day when decision on the above Motion is issued, so that intervenors' time be running since that date.

l

CERTIFIC ATE OF SERVICE BY Mall l

e i HEREBY C ERTIFY : That on this same date copy 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 Mail upon the following : Samuel J. Chilk, Esq., Secretary 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. Gustave A. Linenberger, Member, ASLB ( Administrative Judge ) ; Henry J. McGurren, Esq. ,

Counsel for NRC Staff ; two copies to Docketing and Service Section ; ( All the above bearing same addre.s as follows : U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 ) ; to Maurice Axelrad , Esq., Lowenstein, Reis & Axeirad,1025 Connecticut Avenue, N.W., Wash-ington, D.C. 20036 ; Jos6 F. Irizarry, Esq., General Counsel, PREPA, GPO Box 4267, San Juan, Puerto Rico 00936 ; and Dr. Tom 6s Morales-Cardoaa. School of Medicine, University of Puerto Rico, GFO Box 5067, San Juan, Puerto Rico 00936.

\

[ $fyg, 12[

,7 >f~ fg Gonzalo Fern 6s b sg5 cr,._kh TOTcO*

b

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - - - - - - -