ML20106D282

Motion for Extension of Time to File Brief by SL Dow Doing Business as Disposable Workers of Comanche Peak Steam Electric Station & RM Dow.* Petitioner Requests 30-day Extension.W/Certificate of Svc

ML20106D282
Person / Time
Site:	Comanche Peak
Issue date:	10/05/1992
From:	Dow R, Dow S AFFILIATION NOT ASSIGNED, DISPOSABLE WORKERS OF COMANCHE PEAK STEAM ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#492-13257 92-668-01-CPA, 92-668-1-CPA, CPA, NUDOCS 9210090091
Download: ML20106D282 (5)

Text

.- - -. _- - - -

3-7

/ 3 3-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION _ , = , , ,

~

ATOMIC SAFETY AND LICENSING DOARD Before Administratlye Judges:

92 DCT -6 A8 :37 Morton B. Margulien, Chairman Dr. James H. Carpenter Dr. Putor S. Lam In the Matter of

• Docket No. 50-446-cPA Texas Utilitien Electric

• ASLDP No. 92-660-01-CPA Company (Construction Permit Amendment)

(Comancho Peak Stoam Electric Station, Unit 2)

• october 5, 1992 HOTION FOR EXTENTION OF TIME TO FILE BRIEF BY SANDMA LONG DOW dba DISPOSAHr.B WORKER 3 OP COMANCHR PEAK STEAM SLECTRIC STATION AND R. MICKY D0_M

.I_

Backaround on September 11, 1992, the ASLD issued a memo and order wherein all parties to the above styled and numbered action voro ordered to submit by October 5, 1992, petitions, supt.'ements to exiuting petitions, and/or contentions.

II.

Reasons For Rouuno_t_

On Septomhor 3,1992, while on a trip, regarding collateral issues and matteru, to the Denver, Colorado area; and in the active courno of investigation and research, R. Micky Dow was apprehended, in highly suspect circumstancou by unknown lav enforcement officialu, and confined in the Lincoln County Jail in Hugo, Colorado. The aforesaid Dov had with him, in his vehicle, i

PETITIONER?S NOTION FOR EXTENSION OF TIMH_TO FILE UNTEF  !

".)

$$h 188$ EN0hj6 G 1

SENT BY:

~ Oui 504 1672 is 3/ 6 1 at that Limo, hiu computer, printer, case notes and the rough draft of the pleadings required for filing, in ordor to com-plete them for filing upon the conclusion of his trip.

The uuopect conditions of the Dov apprehension are clearly indicative of interference by both the utility and agencies of the United States Government. These are not allegations, but averments which are already subotantiated on the public record, and Department of Justice inquiries /invertigations have begun.

R. Micky Dew has been held in confinement, denied tulo-phono access or any other manner of communication with anyone for a period in excess of 30 days; as well as being denied acceso to a inw library, preparation materials, and/or the United St,ates mail in order to contact and/or filo some mannor of request of extension prior to this date.

All of the matnrialn in Mr. Dow's vehlulu, hereinabove described as his computer, printer, case notes, and rough draft of the pleadings required for filing, were acized, 11-legally, by party or parties hereinabove identitied and removed to the State of Kansan WITHIN THE BOm{DARIES OP. REGION TV MUCI, EAR REGUI ATORY COMMISSION and secreted thero, completely preclud-ing R. Micky now from finishing and filing his documente in a  !

I timely fashion. '

consequently, R. Micky Dow was, in some manner precluded {

from timely filing through circumstancos of which he had no control. Although it is appuront that the above and foregoing van designed in nome manner to prevent him from making a timely filing, this cannot be shown with complete corroboration until 1 such time an active and ongoing investigationu can be completed PETIT 10NRD'S MOTION FOR EXTENSION OF TIME TO PILE BRTRP 1

..- _ , . . - - . . _ _ ~ _ _-_ _ _ . . - . . . . - . _ . . , . . _

._- _- -- - -_ ~

t and chargos filed. Ilovever, the public record and court trano-cripts in existance nov vill completely substantiate all of thu above and forogoing. Hecause communicat,lon was precludod, the parties could not. confer with each other rogarding tho upecific pleading and because all other materiair, were Vith R. Micky Dow, nothing could ho prepared or filed prior to thin da ter.

• H. Micky Dov secured his release on or about October 3, 1902, and immediately made contact with his home bano. Those picad-ings by and through telephone conference and telephone facsimile are now being prepared and filed in au timely a fashion ao pos-alble.

Conclusions Thoue partles unuld aver that they have the most on point otract, and concluulve evidenco whereby t,his entire action can and vill be nupportud. Thuy do most cortainly boliove they will-prevail and certainly intund to participate to the fullest allow-ablo pocnibilition. They have been precluded by circumstanenn not in their control, and because of yet further possibiu duo procens concerns, an equitable extension of time must, and should be granted. The pleadings wuro i t. their rough-draft form and wore in the process of being prepared for filing upon conclusion of this final i nva t.t ig a t i vo trip to Colorado. _These pleadings were taken without thw knowledge and consent of the Petitioners an has boon cat.ablished ' through ci rcums tanCOM beyond their control.

Therefore, those Petitioners cannot bo penallzed for that which they had no control and particularly in view of this request for extension.

P_ETITIONER'S MO_ TION FOR EXTENSION OF TIME TO FILE HRIEE . - . . - _ . - .

_ - _ . _ . - _ . . _ . - - . _ . _ - _ _ _ _ _ . . _ . - . _ _ . . - - _ _ ~ _ .. .. ._ _ . _

i.

THEREFORR, premison considorod, the Petitionura do herob" requoet a 30 day extension wherein to recreate, prepare and riis-t,hnir pleadings, 4:40 , upon request c1 the ASLB will certainly-make available any supportive statoriala regarding the circum-stances huroinabove described and vill continue to supplement as required.

1 Respectfully submitted, h

/_ . Ak J Sandra Long Dow dba g Disposabio Workers-of Comanche Penk Steam Electric Station v

l S

6. 4%. _- _,

%gp:. _

R. Micky Dow Petitioners P f4TI'.,, 0N E R ' S MOTION __FOR BXTENSION OF TIMM TO FILE BRIEP _

W CERTIPTCA?R OF SERVICE I hureby certify that copies of the the rotagoing have beenO N.

uurved upon the following persons by US Mail and f acolmlies thiu t.h e 5th day of October, 1992. 92 OCT -6 A8 :37

' L P. }

- 4 i, 't (f Offico of Commit,tilon Appellate Administrative Judge "A" Adjudication Morton B. Margulins, Chairman U.S. Nuclear Regulatory Comm. Atomic Safoty and Licensing Board Washington, 7; C . 205G5 U.n. Nucinar Regulatory Comminaion Washington, D.C. 20555 Administrative Judge Administrative Judge Jameu H. Carpentar Peter S. Lam Atomic Safety & Licenuing Soard Atomic Safety and Licanoing 130a rd U.S. Nuclear Regulatory Conm. U.S. Nucinar Regulatory Comminaion Washington, D.C. 20555 Washington, D.C. 20555 Marian L. Zobier, Enq George L. Edgar, Esq.

Michael 11 . Finkelstein, Esq. Counset for TU Electric Office of the General Counsel 1615 L Street, . W . Suite 1000 washington, D.C. 20555 Washington, D.C. 20036 Michael D. Kohn, Eaq. Robert A. Wooldridge Kohn, Kohn & Colapinto, P.C. Worsham, Forsytho, Samples 517 Florida Ave. N.W. A Wooldridge Washinuton, D.C. 20001 2001 Bryan Tovar Suite 3200 Dallan, TX 75201

-_ A N &

IFFIANT _

l

- _ - - -  :