ML20059B016

Motion for Extension of Time to Appeal.* Board Should Grant Extension of Time to Insure Intervenor Has Opportunity to Fully & Completely Address Issues on Appeal.W/Certificate of Svc

ML20059B016
Person / Time
Site:	Turkey Point
Issue date:	08/13/1990
From:	Garde B FLORIDA POWER & LIGHT CO., GARDE, B.P.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20059B015	List: ML20059B011 ML20059B016
References
CON-#390-10757 90-602-01-OLA-5, 90-602-1-OLA-5, OLA-5, NUDOCS 9008270135
Download: ML20059B016 (4)

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)I LOCKETED UNITED STATES OF AMERICA tl5NhC J NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BO ]

Pp j Thomas S. Moore, Chairman Howard A. Wilber ^FMT OF SECMit.FY '

G. Paul Bollwerk, III U0 Chi'llNG *. Si itVICf.

bHANCM ,

August 13, 1990 .

.Ln the Matter of ) Docket Nos. 50-250-OLA-5

) 50-251-OLA-5 Florida Power and Light Co. )

Turkey Point Nuclear Plant ) Technical Specifications >

(Unit Nos. 3 and 4) ) Replacement

)

Facility Operating Licenses ) ASLBP No. 90-602-01-OLA-5 (DPR-31 and DPR-41) )

NOTION FOR EXTENSI'JN OF TIME TO APPEAL '

COMES NOW, the Nuclear Energy Accountability Project (NEAP),

hekeinafter (Intervenors), and' files this request for an extension of fifteen days time to file the brief in support of its appeal.1 At issue in this case is whether the Atomic Safety and  ;

Licensing Board erred in dismissing Intervenor on the basis of standing.

The standing issue arises because the ASLB dismissed NEAP as a party when the member through which it obtained standing, Thomas J. Saporito, Jr. , was terminated from the employment that served as the basis for his standing, i.e. , within the zone of interest (See, MEMORANDUM AND ORDER, issued July 18, 1990).

Mr. Saporito has tiled a complaint with the U.S. Department of .

Labor pursuant to.42 USC 5851, alleging that his termination was 1

Counsel for Florida Power and Light and the NRC Staff were contacted to determine if this motion would be unopposed. As indicated to this office FP&L opposes the motion, however, the I i

Staff does not. l 9008270135 900813I PDR ADOCK 05000250 ,

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, i caused by FPEL's contacts with his employer for the purpose of, Inter alia, causing him to lose standing. , The trial in this matter is scheduled to begin on August 21, 1990, in Ft. Lauderdale, Florida. (See, attached nctice of hearing.)

The 1

brief in this appeal is due on August 22, 1990. )

Unfortunately pretrial discovery and trial preparation, as well-as .

l the press of other business, has interfered with Counsel's ability .

to prepare the brief in support of the notice of appeal.2 Heither FP&L nor the Staff will be prejudiced by a delay in this matter as the Staff has already issued a "no significant-hazards finding" regarding the Technical Specification Replacement.

In addition, the case in front of the Atomic Safety and Licensing '

Board (ASLB) is not yet completely over since Judge Bloch has asked ,,

the staff to address the iss',es of the contentions in order that he may determine whether or not to raise any issues sua sconte.

Thus, Counsel for NEAP in this proceeding, and also for Mr.

Saporito in the DOL proceeding, respectfully requests that the Appeals Board grant this extension of time in order to insure that -

Intervenor's have the opportunity to fully and completely address l

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two Counsel weeks for NEAP attending a was also away from her office for the past professional education seminar and convention, and taking several days of vacation.

in the office has experience in front of the NRC.No other attorney 2

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c the issues on appeal. '

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Respectfully submitted,

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b Fi111e Pirner Garde Attorney for Intervenor MARDY, MILUTIN & JOHNS, 500 Two Houston Center 909 Fannin  !

Houston, Texas 77010 cc: Service List 512-9759.032 i f

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CERTIFICATE OF SERVICE  !

I hereby certify that copies of the foregoing Motion for Extension of Time to Appeal have been served upon the following persons by the methods indicated and in accordance with the requirements of 10 '

CFR-Sec. 2.712. ,

By OVERNIGHT MAIL Administrative Judge

Thomas S. Moore )

Atomic Safety and Licensing Appeal Board i U.S. Nuclear Regulatory Commission Washington,. D.C.  !

l Administrative Judge G. Paul Bollwerk, III [h 2R gl Atomic Safety and Licensing Appeal Board WEE" 'r U.S. Nuclear Regulatory Commission Washington, D.C. s$"' EN ,

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{YA[% {Cf; BY REGULAR MAIL AND TELEFAX i:y; Steven F. Franz, Esquire 02:

]

i Newman & Holtzinger, P.C. '

c3 1 1615 E. Street N.W. 5 Washington, D.C. 20036 Patricia Jehle, Esquire Office of the General Counsel i U.S. Nuclear Regularory Commission Washington, DC 20555 '

BY REGULAR MAIL Administrative Judge George.D. Anderson ASEBP '

7719 Ridge Drive Seattle, WA 78110 Administrative Judge Elizabeth D. Johnson Oak Ridge National Laboratroy

• P.O. Box 2006 Bethel Valley Rd Bldg 3T 0 Oak Ridge, TN 37611

' Administrative Judge Peter B. Blach, Chairman Atomic Safety and Licensing Appeal Board  :

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 7doa )tw 6e, n i

B;.llie Pirner Garde 4

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