ML20111B954
| ML20111B954 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 03/07/1985 |
| From: | Lorion J CENTER FOR NUCLEAR RESPONSIBILITY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20111B928 | List: |
| References | |
| 84-504-07-LA, 84-505-08-LA, OLA-2, OLA-3, NUDOCS 8503130300 | |
| Download: ML20111B954 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION -
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BEFORE THE ATOMIC SAFETY ^AND LICENSING BOARD "b5 T I; In the Matter of
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Docket Nos. 50-250-DLAki i
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i Arl;;50.-2 51-OLA-2 Florida Power &, Light Company
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A S L B P N o ".E h i B 4.- 3 0 4.- 0 7,L A
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DOCKET NOS. 50M150'OLA-3 Turkey Point-
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50-251-OLA-3 Units 3 and 4
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ASLBP NO.
84-505-08-LA
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MOTION TO FILE NOT IN ACCORDANCE WITH THE BOARD BUT IN ACCORDANCE WITH THE RULE i
On February 7, 1985, the Atomic Safety and Licensing Board j
("ASLB" or " Board")
issued an Order Scheduling Prehearing Conference in the above captioned proceedings.
In that Order, the Board required that pursuant to Rule 10 C.F.R. 2.714 (b),
the" Petitioners shall file a supplement to their petition for l
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leave to intervene in each proceeding" by February 25, 1985.
Intervenor, Joette Lorion, who is a pro se litigant, was under the impression, and was advised by counsel, that she could file her supplement in accordance with the time requirements of i
rule 2.714 (b), which states that the supplement should be filed "no later than 15 days prior to the holding of the first prehearing
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conference.a
- Intervenor was later informed in a conference call with
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Nuclear Regulatory Commission Staff Counsel, Mitsy Young,fand l
Board Chairman, Robert M. Lazo, that the Board's order takes i
precedence over the rule.
In this same call, Intervenor P.!8888888836 em i
i explained her interpretation of the rule and agreed to file i
her amended petition and supplemental contentions no later than March 7 or 8, 1985, and, as a courtesy to the parties, serve them by express mail.
Judge Lazo advised Intervenor that she should attatch a motion meeting the requirements for late filing to her petition.
l Subsequently, in a conference call on March 6, 1985, where all parties were represented, Intervenor was given an Order by the Board to file her petition on March 7, 1985, and issue copies by express mail.
Intervenor wished to request that the Board allow her to file her amended petition not in accordance with the Board's Order of February 7, 1985, but in accordance with the requirements of Rule 2.714 (b).
Intervenor realizes that other parties may take excpetion j
to this and would also list the following factors for her late filing, as required by 2.714 (a):
t (i) Intervenor is a pro se public interest litigant who i
has not yet been able to avail herself of counsel.
Intervenor is not a lawyer and followed the rule and the vicarious advice of i
counsel on this filing.
Intervenor, as soon as she realized the conflict with the Board's Order, made every attempt to submit her amended petition as soon as possible.
Intervenor, who is j
also a researcher, writer, and mother, had deadlines and time constraints that caused he to miss her filing date of Feb. 25th.
Intervenor, who is acting as her own " lawyer'l researcher, writer, and sometimes typist was unable to present this petition before March 7, 1985.
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(ii)
There are no other means available to Intervenors l
whereby the Petitioners interest will be protected from the licensing actions undertaken at the Turkey Point plant and sanctioned by the NRC Staff.
There is no other litigation on the contested issues.
(iii)
The Petitioners participation, through research and expert testimony, will assist in developing a sound record in the proceedings.
(iv)
The Petitioners interest will not be represented by existing parties, since they have a vested interest in the outcome of the proceedings and do not always keep the public's interest in mind when making their decisions.
(V)
The Petitioners participation will not delay the proceedings, since parties will have adequate time to respond to Petitioner before the prehearing conference, and since the license amendments have already been issued.
But, rather, the Petitioner's participation will broaden the issues of the proceeding by providing citizen input and participation.
Thus, the Intervenors have met the good cause requirements of 2.714 (a), and t'he dictates of 2.714 (b), and request that the Board extend the filing date for their amended petition from February 25, 1985, until March 7, 1985, and allow them to file their amended petition not in accordance with the Board's Order but in accordance with the rule.
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Respectfully Submitted, D
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Joette Lorion, Director Center for Nuclear Responsibility 7210 Red Road #208 Miami, Fl. 33143 (305) 661-2165 Pro se litigant Dated: March 7, 1985 J
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-250-OLA-2 I
50-251-OLA-2 Florida Power & Light Company
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ASLBP NO. 84-504-07 LA
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Turkey Point Units 3 & 4
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50-250-OLA-3 50-251-OLA-3 ASLBP No. 84-505-08 LA CERTIFICATE OF SERVICE I hereby certify that copies of the Intervenors' "bbtion to File Not in Accordance With The Board, But in Accordance With 'Ihe Rule" has been served on the following parties by deposit in the United States Mail, express mail, postage prepaid, this 7 M y of March, 1985.
Dr. Robert M. Lazo, Chairman Docketing anc dervice Section Atomic Safety and Licensing Board U.S. Nuclear Regulatory Otzmtission U.S. Nuclear Regulatory Comnission Washington, D.C. 20555 Washington, D.C. 20555 Mitsy A. Young, Esquire Dr. Dmleth A. Luebke Office of General Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Chmiission U.S. Nuclear Regulatory Camission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comnission Washington, D.C. 20555 M 0 f A$t- (hth Harold F. Reis, Esquire Joette Iorion, Director Newnan and Holtzinger.PC Center for Nuclear Responsibility 1615 L. Street NW 7210 Red Road #208 Washington, D.C. 20036 '
Miami, F1. 33143 (305) 661-2165 Norman A. Coll, Esquire Dated: March 7, 1985 4000 SE Financial Center Steel Hector & Davis Miami, Fl. 33131-2398 l
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