ML20038A422

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Partially Withheld Commission Paper Re Motion of North Coast Intervenor for Directed Certification
ML20038A422
Person / Time
Issue date: 10/02/1980
From: Fitzgerald
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20038A409 List: ... further results
References
FOIA-92-436, TASK-CC, TASK-SE SECY-A-80-148, NUDOCS 8110300032
Download: ML20038A422 (17)
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Text

' UNITED STAT 13 e

f?)CLEA") RESULATORY COMMIS320N-

. ADJUDICATORY I TEM CONSENT CALEND AR ITEM SECY-A-80-148 October 2, 1980 For:

The Commissioners James A. Fitzgerald From:

Assistant General Counsel Sub[ect:

MOTION OF NORTH COAST INTERVENOR FOR DIRECTED CERTIFICATION Facility:

N North Coast Nuclear Plant, Unit 1.

Purpose:

t w-Discussion:

The Commission recently declined to

' eview ALAB-605, which raised the issue rof whether an application may be dismissed if it appears that the applicar.t has.

abandoned the project.

(See SECY-80-A-131).

Even before the Commission's review time expired, the applicant for North Coast, Puerto Rico Electric Power Authority, filed a " Withdrawal of Application" and a " Motion for Termination of Proceeding" before the Licensing Board (Attachments 1 and 2).

These filings essentially mooted the issue in ALAB-605, since it is now certain the applicant has terminated the project.

Intervenor Gonzalo Fernos has filed with the Commission a ' Motion for Direct Certification to Request Application be Dismissed with Prejudice." (Attachment 3).

In this plehdir.g intervenor requests that the Commission decide in the first instance whether the application for j

i Information in this record was ddeied

Contact:

Trip Rothschild, OGC in accedance with thepedom of Inbrmation x41465 Act, exemptions F01A _ fE _Ek g) W l fllNDOW 19 n

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i North Coast should be dismissed "with 1/ or, alternatively,.whether prejudice" an evidentiary hearing should be. held by the Licensing _ Board on' this issue.

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Several courses of action are available to the Commission, which may be summarized as follows:

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Attachment:

Withdrawal of Application - 9/11/80 Motion for Termination of Proceeding - 9/11/80 1.

2.

Motion for Direct Certification to Request Application to be Dismissed with Prejudice - 9/17/80 3.

4.

Proposed Commission Order i

Comissioners' coments or consent should be provided directly to the Office of the Secretary by'c.o.b. Monday, October 20, 1980.

Comission Staff Office coments, if any, should be submitted to the Comissioners If-with an information copy to the Office of the Secretary.

NLT October 10, 1980, the paper is of such a nature that it requires additional t when coments may be expected.

This paper is tentatively scheduled for affinnation at an Open Meeting during the Please refer to tho appropriate Weekly Comission 27, 1980.

Week of October Schedule, when published, for a specific date and time.

DISTRIBUTION Comissioners Comission Staff Offices Secretariat i

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UNITED STATES OF AMERICA 4

HUCLEAR REGULATORY COMMISSION

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U BEPORE THE ATOMIC SATETY AND LICENSING BOARD

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In the Matter of

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Docket No. 50-376 PUERTO RICO ELECTRIC POWER

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AUTHORITY

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North Coast Nuclear Plant,

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(Unit 1)

W. THDRAWAL OF APPLICATION _

T The Puerto Rico Electric Power Authority 'hereby withdraws t

its application for a construction permit for the North Coas Nuclear Plant in the subj ect docket.

1980.

Respectfully submitted this lith day of September, ~

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Maurice Axelrad, Esq.

Lowens tein, Newman, Reis, Axelrad & Toll 102 5 Connecticut Avenue, NW 20036 W a shington, D. C.

Attorneys for Puerto Rico Electric Power P

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'BEFORE THE ATOMIC ' SAFETY AND tICENSING 30ARD i

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In the Matter of

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PUERTO RICO ELECTRIC POWER

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Docket No. 50-376 AUTHORITY

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North Coast Nuclear Plant,

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(Unit 1)

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MOTION FOR TERMINATION OF PROCEEDING (the " Authority")

The Puerto Rico Electric Power Authority is filing today with the Atomic Safety and Licensing Board and 511 parties its " Withdrawal of Application" in this docket.

In light of such withdrawal, the Authority hereby moves that the Board terminate this proceeding.

Respectfully submitted this lith day of September,1980.

t By Maurice Axelrad, Esq.

Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, NW Washington, D. C.

20036 3

Attorneys for Puerto Rico Electric Power Authority b

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NOTE : - Sriedd:ndum ottoched h:rato.

18 Sept:mbar,1980

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F UNITED ST ATES OF AMERIC A BEFORE THE NUCLE AR REG UL ATORY COMMISSION DOCKET NO. 50- 376 in the Matter of PUERTO RICO ELECTRIC POWER AUTHORITY ( POWER COMPANY )

Proposed North Coast Nuclear Plant ( Unit 1 )

Applicent Islote Word, Arecibo, Puert Rico N

GONZALO FERNOS, PRO SE, ET AL.

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-: MOTION FOR DIRECT CERTIFICATION TO REQUEST

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APPLICATION BE DISMISSED WITH PREJUDICE :

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TO THE HONORABLE COMMISSION :

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COMES NOW the undersigned

  • Intervenor, Pro Se, and in representation of Mernbers of Citizens for the Conservation of Naturel Resources, Inc. ( CCNR ), and respectfully states, elleges and prays :

1.- That on April 30, 1980, Intervenors filed with the Licensing Board o petition requesting the lotter to conduct a show cause hearing to determine whether the opplication should be dismissed with oreiudice for Applicant's lock of intent to build the North Cecst Nuclear Plant.

2.- Thot on September 11, 1980, after many motions and responses by the parties and orders issued by the Licensing Board and the, Appeal Beerd, Applicant filed with the former two motions regarding : (o ) -its notificatior of witNdrawel of application to build the North Coast Nuclear Plant referred to in the above-coptioned docket ; and

( b ) - o request for termination of proceedings therbof.

3.- That although not specifically stoted therein, Applicant's motions referred to obove are predicated on 10 CFR 5 2.107 (o). It is evident that under such dispositions o the Rules of Practice, the Commission has either one of only two alternatives to cet upon :

et Motion for Direct Certification... Docket No. 50-376

( o )

" deny the opplicotton " ; or '( b )

" dismiss it with prejudice ". Intervenors ex-pect no less then a dismissal of the opplication with prejudicie.

e 4.- That Intervenors' petition of April 30,1980 requested that " upon Applicant's failing to satisfactorily refute [Intervenors' ollegation of Applicant's lock of intent to build the Nuclear Plant ] to issye order dismissing the above-captioned op-plication with preiudice..." ( Page 4 of the Petition ).

. 5.- That NRC Staff Memorondum of June 27,1980's note 17 et page 11 states that " such a dismissel would not be appropriate ". Intervenors replied in their Memorondum cf July 18,1980, pp. 9 and 10 whereby they " vehemently disogreeld] with the Stoff's views, giving thereupon their reasons why the decision connet be "less then a dismiss of the application with crejudice."

6.- That intervenors firmly believe tFot on adjudication of the case by dis-missing the opplication "without prejudice" while proceedings are to be stopped carrying out any fact findings would thwort the due process principle and thus cose open to fudher litigation.

. WHEREFORE, Intervenors respectfully prey the Honorable Commission for o direct certification of the above, ordering either the dismissal of the application with pre-iudice or else that the proceedings not be terminated until offer evidentiary hearings conducted to enable the Licensing Board to know the full facts why the dismissel conne be less than with preiudice.

In Son Juon, Puerto Rico, this 17th doy of September,1980.

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  • ( See first line, pege 1 ) The undersigned Intervenor did not expect to be back Rico until' ofter September 22, 1980, as stated forth in Intervenors' Motion of Sep 1980. However, the lotest development of the cose compelled him -- with the co his surgeon--to return to Puerto Rico promptly.

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Motion for Direct Certification... Docket No. 50-376

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Gonzolo Fern 6s, Pro Se, and y

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Santurce, Puerto Rico D0912 Tels. (809) 727-0087 / 727-2287 q

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CERTIFIC AT E OF S ERVICE BY Mall i HEREBY CERTIFY : That on this some date 3 copies of the above motion e

entilted : Motion for Direct Certification to Recuest Apolication Be Dismissed With i

Prejudice, have been filed by U.S. Air Mail with the United States Nuclear Regulatory Commission, Docketing and Service Section ; one copy served by Air or First Class Mail on each of the following : John F. Ahearne, Chairmen, NRC ; Victor Gilinsky, Member, NRC ; Jeseph M. Hondrie, Member, NRC ; Peter A. Bradford, Member, NRC ; Alan 5.

Rosenthol, Esq., Chairman, ASLAB ; Dr. John H. Buck, Member, ASLAB ; Shelden J.

Wolfe, Esq., Choirman, ASLB ; Dr. Richard F. Cole, Member, ASLB ; Mr. Gustave A.

Linenberger, Member, ASLB ; Henry J.'McGurren, Esq., Counsel for NRC Stoff ( All above bearing some address os follows : United States Nuclear Regulatory Commission, Washington,D.C. 20555 ) ; Maurice Axelrod, Esq., Lowenstein, Newmen, Axelrod &

Connecticut Avenue 1025, N.W., Washington, D.C. 20036 ; Joss F. Irizarry, Esq., Legal Counsel for Applicant, Puerto Rico Electric Power Authority, GPO Box 4267, Son Juan, Puerto Rico 00936 ; and Eng. Alberto Bruno Vego, Executive Director, Puerto Rico Elect Power Authority, GPO Box 4267, San Juan, Puerto Rico 00936.

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18 S:ptemb:r,1980 UNITED ST ATES OF AMERIC A BEFORE T HE N UC LE AR.R EG ULATORY COMMISSIO N a3 d

In the Matter of DOC KET NO. 50- 376 7

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AUTHORITY ( POWER COMPANY )

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  1. N D~J Proposed North Coost 9 GONZALO FERNOS, PRO SE, ET AL.

Nucleor Plant (Unit 1) /

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Intervenors Islote Word, Arecibo, Puerto Rico re

-: ADDENDUM TO MOTION FOR DIRECT CERTIFICATION :-

TO THE HONORABLE COMMISSION :

. COMES NOW the undersigned Intervenor, Pro Se, and in representation of Members of Citizens for the Conservation of Natural Resources, Inc., and respectfully submits the following oddendumto Motion for Direct Certification to Reovest Aeolication Be Dismissed With Prejudice to be considered jointly with it :

. 7.- That Interveners have been litigoting this cose for the lost five (5) years under very strenuous and burdensome circumstances both financially and timewise. Thus, Applicent's sudden turnobout in order to evade o direct confrontotion with the issues raised by Intervenors would be extremely unfoir to the latter by way of on additional hardship in the event on adjudication dismissing the opplication without prejudice is granted if by such on oction the door were to be left open to Applicant to pursue.the nuclear plant construction permit at a future dote.

8.- Tfet Intervenors believe that to request the Licensing Board to rule directly on their request for a dismissel of the opplicction with prejudice would be too slow a process in this crucici stege of the proceeding. Thus, intervenors prey the Honorable Commission to directly adjudicate whether the opplication should be dismissed with or without prejudice.

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Addendum to Motion... Docket No. 50-376 e WHEREFORE, intervenors pray the Honorable Comminion to' consider the above crguments jointly with all other six reised referred to in the Motion for Direct Certification, before adjudicating same.

In Son Juan, Puerto Rico, this 18th day of September,1980.

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Gonzolo Fern 6s, Pro Se, and gy K

in representation of Members 2

of CCNR 503 Barbi Street.

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Santurce, Puerto Rico 00912 N

Teis. (809) 727-0087 /727-2287 CERTIFIC ATE OF SERVICE BY Mall I HEREBY CERTIFY : That on this some date 3 copies of the above addendum have been served by U.S. Air Mo11 upon the U.S. Nuclear Regulatory Commission, Docket-ing and Service Section ; one copy served by Air or First Class Moil on each of the following :

Hon. John F. Aheerne, Choirmen, NRC ; Hon. Victor Gilinsky, Member, NRC ; Hon. Joseph M.

Handrie, Member, NRC ; Hon. Peter A. Bradford,. Member, NRC ; Alan S. Rosenthol, Esq.,

Chairman, ASLAB ; Dr. John H. Buck, Member, A5 LAB ; Sheldon J. Wolfe, Esq., Cfoirmon, ASLB ; Dr. Richard F. Cole, Member, ASLB; Mr. Gustave A. Linenberger, Member, ASLB ;

Henry J. McGurren, Esq., Counsel for NRC Stoff ( All the above bearing some address os follows U.S. Nuclear Regulatory Commission, Washington, D.C. 20555) ; Mourice Axelrod, Esq.,

Lowenstein, Newman, Axelrod & Toll,1025 Connecticut Avenue, N.W., Washington, D.C.

20036 ; Josi F. Irizerry, Esq., legal Counsel for Applicant, Puerto Rico Electric Power Author-ity, GPO Box 4267, Son Juon, Puerto Rico 00936 ; and Eng. Alberto Bruno Vega, Executive Director, Puerto Rico Electric Power Authority, GPO Box 4267, Son Juan, Puerto Rico 00936.

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18 Septamber,1980 UNITED STATES OF AMERICA NUC LE AR P.EG UL ATO RY COMMISSIO N BEFORE THE ATOMIC S AFETY AND LICENSING BO ARD in the Motter of

'. ERTO RICO ELECTRIC POWER DOCKET NO 50- 376 AUTHORITY ( POWER COMPANY )

Applicant GONZ.ALO FERNOS, PRO SE, ET AL.

Proposed North Coast interveners Nuclear Plant (Unit 1)

Islote Word, Arecibo, Puerto Ri

-: MOTION FOR A STAY OF PROCEEDINGS :-

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COMES NOW the undersigned intervener, Pro Se, and in represe i

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Members of Citizens for the Conservation of Natural Resources, Inc. ( CCNR ) on t;- -

fully states, elleges and prays :

l.- That on September 11,1980, Applicent filed with the Licensing Beerd

" Motion for Termination of Proceeding " in light of Applicant's withdrawal of application on some date.

2.- That on this date, September 18,1980, Intervenors filed by mail with the Commission " Motion for Direct Certificetion to Recuest Aeolication Be Dismissed With Prejudice and on Addendum thereof.

3.- That Interveners believe that in order not to undermine the authority of the Commission, the Licensing Board should not resolve Applicant's motions referred to in porograph 1 obove, until ofter the Commission has ruled upon the direct certification requested by Intervene WHEREF' ORE, Intervenors respectfully prey the Licensing Beard to issue order of stay of proceeding to be in effect immediately until ofter 15 days from date the Commission rules on Interveners' Motion of September 18,1980.

In Son Juan, Puerto Rico, this 1Bth day of September, ? 080.

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Motion for o Stay...

  • Dock 2t No. 50-376

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Gonzolo Fern 6s, roiSe, and 3-representing Memberiof CCNR 503 Barbi Street Santurce, Puerto Rico 00912 Tels. (809) 727-0087 / 727-2287 CERTIFIC ATE OF SERVICE BY MAIL

. I HEREBY CERTIFY : That on this some date 3 copies of the above motion entitled :

" Motion for a Stoy of Proceedings " have been served by U.S. Airl Mail with the United States

. Nuclear Regulatory Commission, Docketing and Service Section ; one copy served by Air or First Closs Mall on each of the following : Hon. John F. Aheome, Chairman, NRC ; Hon. Victor Gilinsky, Member, NRC ; Hon. Joseph M. Hendrie, Member, NRC ; Hon. Peter A. Bradford,.

Member, NRC ; Alan 5. Rosenthal, Esq., Chairman, ASLAB ; Dr. John H. Buck, Member, ASLAI Sheldon J. Wolfe, CFeinnon, ASLB ; Dr. Richard F. Cole, Member, ASLB ; Mr. Gustave A. Line berger, Member, ASLB ; Henry J. McGurren, Esq., Counsel for NRC Stoff ( All the above bearin some address os follows : U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 ) ;

Maurice Axelrod, Esq., Lowenstein, Newman, Axelrod & Toll,1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 ; Joss F. Irizarry, Esq., legal Counsel for Applicant, Puerto Rico.

Electric Power Authority, GPO Box 4267, Son Juan, Puerto Rico 00936 ; Eng. Alberto Bruno Vega, Executive Director, Puerto Rico Electric Power Authority, GPO Box 4267, Son' Juan, Puerto Rico 00936.

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