ML20055D924

Appellant Motion to Move Place of Oral Argument.* Appellant Motion Should Be Granted.W/Certificate of Svc

ML20055D924
Person / Time
Site:	Turkey Point
Issue date:	06/20/1990
From:	Saporito T NUCLEAR ENERGY ACCOUNTABILITY PROJECT
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#390-10551 OLA-4, NUDOCS 9007100158
Download: ML20055D924 (4)

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UNITED STATES OF AMERICA )C NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING AP@ldp3MP3 :41 Administrative Judges:

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Christine N. Kohl, Chairperson N nI,INO,i990 Thomas S. Moore Howard A. Wilber

)

In the Matter of )

) Docket Nos. 50-250-OIA-4 FLORIDA POWER & LIGHT CO. ) 50-251-OIA-4

)

(Turkey Point Nuclear Plant ) (Pressure / Temperature Units 3 and 4) ) Limits)

)

APPELLANT'S MOTION TO MOVE PLACE OF ORAL ARGUMENT The Atomic Safety and Licensing Appeal Board's (ASLAB's) ORDER of June 7, 1990 established that oral argument is to take place in Bethesda, Maryland on July 10, 1990. Appellant hereby submits a

motion to move place of oral argument to Miami, Florida and would state in support of their motion that:

1. Receiving oral argument in Bethesda, Maryland would.

compel Appellant to incurr the expense and cost of travel and lodging to Bethesda,. Maryland and therefore place an extreme financial burden on Appellant. The Nuclear Energy Accountability Project, (NEAP) is a non-orofit environmental organization funded solely through public donations and membership dues, with little or no assets in reserve. Thus, receiving oral argument in this

. proceeding in Bethecda, Maryland adversely affects the Appellant by placing an unreasonable requirement on Appellant.

9007100J58 900620 PDR ADOCK 05000250 0 PDR

2. Receiving oral argument in Bethesda, Maryland would ,

adversely affect the public's interest in this proceeding.

. .The licensed plant germane to this proceeding is the Turkey. Point

' nuclear plant which is located about 25 miles south of Miami, Florida. Thus, any public hearing concerning the Turkey Point nuclear plant should be held in Miami, Florida to enable public attendance at the hearing by people who live and work in the community near the Turkey Point nuclear plant.

3. Receiving oral argument in Bethesda, Maryland would establish a public hearing well outside the Nuclear Regulatory Commission's 50 mile " zone of interect". Participants in NRC administrative proceedings have historically been required to establish requisite standing by demonstrating " interest and injury in fact" within the NRC's " zone of. interest". Thus, oral argument in this proceeding should be presented within the NRC's zone' of interest in Miami, Florida thereby providing a fair opportunity for the public to attend.

l 4. The licensee, Florida Power and Light Company, would not l be aggrieved if oral argument were presented in Miami, Florida because the Turkey Pcint nuclear plant is located about 25 miles south of Miami, Florida. Additionally, the licensee's counsel, 1 Steel, Hector and Davis, is located in Miami, Florida.

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For all theLforegoing reasons and because the United States Congress intended that these proceedings provide the public a forum to participate in-these administrative ' proceedings, Appellant's

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motion should be granted. j Respectfully submitted, a porj.f-k Jr.

Thomas,J.

Executive Director, NEAP Nuclear, Energy-Accountability'

! Project Post Office Box 129 Jupiter, Florida 33468-0129 cc: see service sheet l-l ,-

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UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION

'YNRf' '

In the Matter of )

) Docketko&4l 25. 56-251-GA-4

'Mr@-OIA-4 FLORIDA POWER & LIGHT CO. )

) Grtl[: n (Turkey Point Nuclear Plant ) (Presenare ' 'etature Units 3 and 4) ) Limits)OR FWI

)

CERTIFICATE OF SERVICE j I hereby certify that copies of the 2oregoing " Appellant's Motion to Move Place of Oral Argument" have been served upon the following persons by U.S. mail, first class and properly stamped.

Administrative Judge Administrative Judge Christine N. Kohl, Chairperson Thomas S. Moore Atomic Safety / Licensing App.Bd. Atomic Safety / Licensing App.Bd.

U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Administrative Judge Howard A. Wilber B. Paul Cotter, Jr., Chairman Atomic Safety / Licensing App.Bd. Atomic Safety and Licensing Bd.

~

U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

I Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Administrative Judge l Glenn O. Bright Jerry Harbour Atomic Safety / Licensing Bd. Atomic Safety / Licensing Bd.

U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 ,

Janice E. Moore, Esquire Patricia Jehle, Esquire l' Office of the General Counsel Office of the General Counsel U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 Harold F. Reis, Esquire Joette Lorion, Director Attorney for FPL Center for Nuclear Resp.

Newman & Holtzinger, P.C. 7210 Red Road, #207B 1615 L Street, N.W., Suite 1000 South Miami, Flcaida 33143 Washington, D.C. 20036 office of the Secretary Billie P. Garde, Esq.

U.S. Nuclear Regulatory Comm. 103 E. College Avenue Washington, D.C. 20555 Appleton, Wisconsin 54911 Attn: Chief Docketing Clerk ,

l Dated at Miami, Florida this ,. .

3 O day of June 1990. EXEdutive Dirpdt'o7/ NEAP '

Nuclear Energy Ac(ountability Project Post Office Box 129 L Jupiter, Florida 33468-0129

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