ML20010E389
| ML20010E389 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 09/01/1981 |
| From: | Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| NUDOCS 8109040059 | |
| Download: ML20010E389 (3) | |
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SERVED 3EP 2198; S. Rosenthal, Chairman Dr. W. Reed Johnson Thomas S. Moore
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In the Matter of
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FLORIDA POWER AND LIGHT COMPANY
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Docket Nos. 50-250 SP
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50-251 SP (Turkey Point Nuclear Generating
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Station, Units 3 and 4)
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MEMORANDUM Septembe:. 1, 1981 Pending before this Board are the appeals taken by intervenor Mark P. Oncavage from (1) the Licensing Board's May 28, 1981 memo-randum and order, LBP-81-lo, 13 NRC
- and (2) that Board's June 19, 1981 order, LBP-81-16, 13 NRC The appeal from the May 28 memorandum and order is now fully briefed.
Although Mr.
Oncavage's brief in support of his exceptions to the June 19 order was filed on August 6, the time for the filing of the responsive briefs of the other parties has not yet run. W J/
By August 27, 1981 order, we consolidated the two appeals for consideration and decision.
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- The applicant has just brought to our attention its receipt of a motion by Joel Jaffer for " leave to appear herein as amicus curiae, and to be served with all notices and pleadings herein whatsoever pursuant to 10 CFR 2.715.'
Although noting that there was no indication that che motion had been properly filed, out of an abundance of caution the applicant elected to apprise us of its opposition to the relief sought by Mr. Jaffer.
Because, as the applicant Curmised, it has not been filed with us,the motion need not be now considered.
Mr. Jaffer is free, of course, to remedy that apparent oversight.
Before doing~
so, however, he may wish to consult Section 2.715(d) of the Com-mission's Rules of Practice, 10 CFR 2.715(d).
Insofar as is here relevant, that Section states that, "[except] as otherwise provided by * *
- the Appeal Board"', an amicus curiae brief "must be filed within the time allowed to the party whose position the trief will support".
As above.noted, Mr. Oncavage's briefs are already on file.
If, as the applicant believes to be the case, 4
Mr. Jaffer proposes to support Mr.- Oncavage's position, any re-quest at this time for leave to participate amicus curiae would be untimely.
As such, the request would necessarily be denied in the, absence of the most compelling showing that it was not possible for Mr. Jaffer to have acted at a much earlier date.
3-FOR THE APPEAL BOARD 1 -._._ ;
.t i._ a l, d
wn-Barbara A. Tompkins' Secretary to the Appeal Board 6
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