ML20011F086

Motion for Clarification.* Requests Clarification on 900222 Prehearing Conference Specifically,What Is Expected of Petitioners in Proceeding.Certificate of Svc Encl

ML20011F086
Person / Time
Site:	Turkey Point
Issue date:	02/19/1990
From:	Saporito T NUCLEAR ENERGY ACCOUNTABILITY PROJECT
To:	Atomic Safety and Licensing Board Panel
References
CON-#190-9964 90-602-01-OLA-5, 90-602-1-OLA-5, OLA-5, NUDOCS 9003010066
Download: ML20011F086 (3)

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UNITED STATES OF AMERICA )khc NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 90 R3 26 A11:34 !

- Before Administrative Judges .

A Peter B. Bloch, Chair {.Sck.ddg!.f[hy/d

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Dr. George C. Anderson imANc4 j Elizabeth B. Johnson i e

! I In the Matter of ) Docket Nos. 50-250-OLA-5 -

) 50-251-OLA-5 FLORIDA POWER & LICHT )

COMPANY ) Technical Specifications Turkey Point Plant ) Replacement (Unit Nos. 3 and 4) ) 4

) ASLBP No. 90-602-01-OLA-5 l Facility Operating )  ;

Licenses Nos. DPR-31, DPR-41) February 19, 1990  !

) i MOTION FOR CLARIFICATION On February 8, 1990 Petitioners Thomas J. Saporito, Jr.,

and the Nuclear Energy Accountability Project requested an [

l extension of time within which to file an amended petition and  :

l contentions. The requested extension was from February 20, 1990 i'

I to March 20, 1990.

On February 17, 1990, Petitioners received the Board's  ;

MEMORANDUM AND ORDER granting Petitioners an extension of time  !

l l but-only until March 1, 1990.

I, i l Petitioners relying solely on the NRC rules of practice and p

lacking experience in these administrative proceedings, were not cognizant that they should have contacted the Applicant, (as ,

i noted at page 2 in the Board's ruling of Febr'ary u 15, 1990), to 1 .

discuss an extension of time prior to making such a-request to the Board.

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I Nevertheless, Petitioners did contact the Applicant, (as the Board suggested in their February 15, 1990 ruling at page 2), in a good faith effort to secure additional time to file their amended petition and contentions. Petitioners contacted Mr. John Butler, Esq., counsel for the Applicant, on February 19, 1990 and requested consideration for an extension of time stating that an extension of time would permit Petitioners and the Applicant an opportunity to discuss petitioner's concerns.

The Applicant was not receptive to any further extension of time.

In any event, Petitioners would address here that they have been working with the NRC and staff of the Florida International University to obtain relevant information germane to the amendments in question. Petitioners have only recently been able to obtain the documents which they had sought for some time. Nevertheless, Petitioners will comply with the Board.'s ruling and submit their filings by March 1, 1990, however, Petitioners note here that because of these stringent filing time requirements, Petitioners will not be able to meet with the l

l Applicant to amicably discuss their concerns related to these proceedings as the thrust of Petitioners motion for an extension of time indicated such a need.

Finally, Petitioners- request a clarification of the March 22, 1990 prehearing conference.. Specifically, Petitioners desire to know what is expected of them at this conference concerning these proceedings.

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l Petitioners extend their thanks and appreciation to the j Board on partially granting their motion for an extension of I 1

time as this action will provide for public safety and the protection of the environment as a whole. j l

Respectfully submitted, L

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Thomas J. Saporito, Jrr~e ' cN Executive Director, NE E g, 1202 Sioux Street b EM  ;

Jupiter, Florida 33458 #j)

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gg CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MOTION FOR CLRIFICATION, have been served upon the following persons by U.S. mail, first class. .

Peter B. Bloch, Chair ASLB Patricia Jehle, Esq.

U.S. Nuclear Regulatory Comm. Office of the General Counsel  !

Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

l George C. Anderson 7719 Ridge Drive, NE Steven F. Franz, Esq. -

I Seattle, Washington 98115 i Newman & Holtzinger, P.C.

1615 L Street, NW Elizabeth 8 Johnson Washington, D.C. 20036 Oak Ridge National Laboratory .

P.O. Box X, Building 3500 Atomic Safety and-Licensing >

Oak Ridge, Tennessee 37830 Appeal Board U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 f - n:, ,- -

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