ML20042D854

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Notice of Withdrawal from Proceeding.* Advises That Author Withdrawing from Proceeding Due to Applicant Counsel Adversely Affecting Author Employment & Employment Opportunities by Contacting Employer.W/Certificate of Svc
ML20042D854
Person / Time
Site: Turkey Point  
Issue date: 04/01/1990
From: Saporito T
NUCLEAR ENERGY ACCOUNTABILITY PROJECT
To:
References
CON-#290-10200 90-602-01-OLA, 90-602-1-OLA, OLA-5, NUDOCS 9004110037
Download: ML20042D854 (4)


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l() CD I:X AliE0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARDO APR -5 P4 30 Before Administrative Judges [. 'c'yN. SG,$

Peter B. Bloch, Chair o

Dr. George C. Anderson EiLWch t

Elizsb~eth B. Johnson In the Matter of

)

Docket Nos. 50-250-OLA-5

)

60-251-OLA-5 FLORIDA POWER & LIGHT

)

COMPANY

)

Technical Specifications Turkey Point Plant

)

Replacement (Unit Nos. 3 and 4)

)

)

ASLBP No. 90-002-01-OLA-5 Facility Operating

)

Licenses Nos. OPR-31, DPR-41 )

)

April 1,

1990 l

4 NOTICE OF WITHDRAWAL. FROM PROCEEDING On March 9, 1990, the Board was noticed by Petitioners' i

i letter of unlawful and unethical actions by Applicant's counsel Mr. John Butler.

Subsequently, Applicant's counsel, Mr. John Butler, copied yet another letter to Mr. Saporito's employer the i

ATI Career Training Center concerning matters of this proceeding.

As a direct or indirect result of Applicant's contact with Mr. Saporito's employer concerning matters relevant to these proceedings, Mr. Saporito's employment and employment opportunities have been adversely affected.

Since Mr. Saporito has the responsibility for a wife and three small children, the l

results of Applicant's actions germane to Mr. Saporito's employment have caused Mr. Saporito to fool intimidated by the Applicant's actions.

l Therefore, as a direct result of Applicant's actions through Applicant's counsel, Mr. John Butler, the Board is hereby officially informed and advised that Petitioner, Mr.

Thomas J.

Saporito, Jr., hereby withdraws entirely and completely from these proceedings.

The withdrawal of Mr.

Saporito from these proceedings is in the best interest of his family and leaves the Nuclear Energy Accountability Project l

(NEAP) as the sole remaining Petitioner in these proceedings, i

9004110037 900403 PDR ADOCK 050D0250 C

PDR ll> s ojs

Petitioner NEAP holds no reliADR3 on Mr, Saporito's standing in these proceedings to support its own standing.

Therefore, if Applicant or Staff desires to challenge the standing of NEAP in these proceedings, Petitioner requests that the Board entertain any challenge at oral argument.

In summary, the Board is hereby notified of the withdrawal of Thomas J. Saporito, Jr. from these proceedings.

The Board is notified that only NEAP remains a Petitioner in these proceedings without ADY reliance on Mr. Saporito for standing.

The Board is notified that if the standing of NEAP as a separate entitity and organization is challenged, then Petitioner requests that the challenge of standing be met at oral argument.

In closing, I trust that the Applicant will be satisfied that Petitioner, Thomas J. Saporito, Jr. has withdrawn from these proceedings and would refrain from further actions against Mr. Saporito or his family.

Respectfully submitted, T&Q Thomas J.

Saporito, Jr, Executive Director, NEAP Nuclear Energy Accountability Project Post Office Box 129 i

Jupiter, Florida 33408-0129 (407) 743-0770 l

cc: See Service Sheet f

2

l 10thliLD USNRC UNITED STATES OF.\\MERICA NUCLEAR REGULATORY COi4HISSION 90 APR -5 P4 :50 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges QUICE OF if cet1AHY Peter B. Bloch, Chair 90CKllthC A Si kVICI Dr. George C. Anderson BRANCH Elizabeth B. Johnson In the Matter of

)

Docket Nos. 50-250-OLA-5

)

00-251-OLA-5 FLORIDA POWER & LIGHT

)

COMPANY

)

Technical Specifications Turkey Point Plant

)

Replacement (Unit Nos. 3 and 4)

)

)

ASLBP No. 90-602-01-OLA-5 Facility Operating

)

Licenses Nos. DPR-31, DPR-41 )

)

CERTIFICATE OF SERVICE I hereby certify that copies of " PETITIONERS' NOTICE OF WITHDRAWAL FROM PROCEEDING " in the above captioned proceeding, were served on the following by deposit in the United States mail, first class, properly stamped and addressed, on the date shown below.

Honorable Peter B. Bloch, Chair Janice E. Moore, Esq.

Atomic Safety and Licensing Board Patricia A. Jehle, Esq.

U.S. Nunicar Regulatory Commission Office of General Counsel Washington, D.C. 20555 Nuclear Regulatory Comm.

Washington, D.C.

20555 i

Honorable Dr. George C.

Anderson Atomic Safety / Licensing i

Atomic Safety and Licensing Board Appeal Board Panel 450 Vista Chino, Apt. 2015 Nuclear Regulatory Comm.

Palm Springs, CA 92262 Washington, D.C.

20555 Honorable Elizabeth B. Johnson Steven P.

Frantz, Esq.

Oak Ridge National Laboratory Newman & Holtzinger, P.C.

P.O. Dox 2008 1615 L Street, N.W.

l Bethel Valley Road, Bldg. 3500 Suite 1000 Mail Stop 6010 Washington, D.C.

20030 Oak Ridge, TN 37831 Richard J. Goddard Office of the Secretary Regional Counsel U.S. Nuclear Regulatory Comn.ission U.S.NRC Region II l

Washington, D.C.

20555 101 Marietta St.NW, #2900 l

Atlanta, Georgia 30323 1

Attn. Chief Docketing / Service Sect.

(Original plus two copies) i

a Stewart Ebneter, Administrator Billie P. Garde. Esq.

Oscar DeMiranda, SAC NRC Region II Attorney at Law U.S. Nuclear Regulatory Commission 103 East College Avenue 101 Marietta Street, N.W. Suite 2900 Appleton, Wisconsin 54911 Atlanta, Georgia 30323 Mr. John Guinnes, Investigator U.S. Department of Labor 1150 S.W.

1st Street, Room 202 Miami, Florida 33130 o/

i p-*^t Dated this 1st day of April, Thomas J.

SaporiC'o, Jr 1990 at Jupiter, Florida.

Executive Director, NEAP Nuclear Energy Accountability Project Post Office Box 0129 Jupiter, Florida 33460-0129 i

l

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