ML20115J520

Comments on 850326 Novel Prehearing Procedure Implemented by Aslb.Intervenors Will Not Further Dignify Procedure by Submitting Rebuttal or Other Testimony to Procedure. Certificate of Svc Encl

ML20115J520
Person / Time
Site:	Turkey Point
Issue date:	04/18/1985
From:	Hodder M CENTER FOR NUCLEAR RESPONSIBILITY
To:
References
CON-#285-641 OLA, NUDOCS 8504230586
Download: ML20115J520 (3)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50- 0 M M '43

) 50-251 OLA 0FF Florida Power & Light Company ) 0F SECRaf.a

) (VesselFluxRh EPvir.t.

Turkey Point Plant, Units 3 & 4 )

INTERVENORS' COMMENT ON PREHEARING PROCEDURE Intervenors, the Center for Nuclear Responsibility and Joette Lorion, submit this comment expressing their position regarding the " novel procedure" implemented by the Atomic Safety and Licensing Board (" Board") at a Prehearing Conference held on Tuesday, March 26, 1985, where testimony was taken from only one of the parties, the Licensee, and where that testimony went beyond the scope of any questions posed by the Board.

At that Prehearing Conference (see transcript pg. 214-215),

the Counsel for Intervenors informed the Board that if upon review of the transcript of the proceeding, and after consultation with his clients, it was deemed appropriate to file a reply, or otherwise comment, he would do so within three weeks. Therfore, it is the purpose of this pleading to inform the Board and the parties that because the Intervenors believe that the Board has conducted an illegal procedure, not in accordance with any of the Rules of Practice at 10 C.F.R. Part 2, they will not further dignify the procedure by submitting rebuttal or other testimony.

O 8504230586 DR 850418 g ADOCK o o

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'Intervenors wish7 to reiterate that by declining to provide rebuttal testimonyIin a prehearing conference proceeeding they have not waived any right they may have to make a presentation of their affirmative case at a hearing, nor do they concede, nor have they conceded, the validity or accuracy of any of the views presented by the-Licensee at that Prehearing Conference.

It is the position of the Intervenors that the net effect of the-Prehearing Conference has been to firmly establish that.there

-are . substantial disputed issues of material fact at issue regarding both contentions (b) and (d), which the Board had admitted for resolution in these proceeedings.

Therefore, Intervenors claim the right to present their affirmative case, examine witnesses, and otherwise participate in the administrative hearing process at an administrative hearing, rather than in a prehearing format.

Respectfully submitted, M H dd 1131 N.E. 86 Street Miami, F1. 33138 (305) 751-8706 Attorney for the Center for Nuclear Responsibility and Joette Lorion Dated: April 18, 1985

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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00LMETED^ -

USNRC 1A ~

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

• In the Matter of ) ~

) Docket Nos. 50-250 FLORIDA POWER AND LIGHT COMPANY ) 5Qy 8t ER' fid I BRANCH (Turkey Point Plant, Units 3 & 4) ) (Vessel Flux Reduction)

CERTII'ICATE OF SERVICE I hereby certify that copies of the "Intervenors' Comment on Prehearing Procedure" in the above-captioned case have been served on the following by deposit in the United States Mail, first class, this 18th day of April, 1985:

Dr. Robert M. Lazo, Chairman Harold F. Reis, Esquire Atomic Safety & Licensing Board Newman & Holtzinger, PC U.S. Nuclear Regulatory Commincion 1615 L. Street NW Washington, DC 20555 Washington, DC 20036 Dr. Emmeth A. Luebke Norman A. Coll, Esquire Atomic Safety & Licensing Board Steel, Hector & Davis

-U.S. Nuclear Regulatory Commission 4000 SE Financial Center Washington, DC 20555 Miami, Fl. 33131-2398 Dr. Richard F. Cole Docketing & Service Section Atomic Safety & Licesning Bonrd Of fice of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Kashington, DC 20555 Mitzi A. Young, Esquire ,/ , )

Office of Executive Legal Director (x-U.S. Nuclear Regulatory Commission M4 -

Washington, DC 20555 Martin H. Hodder 1131 NE 86 Street Miami, F1. 33138 (305) 751-8706 Dated: April 18, 1985 Attorney for the Center for Nuclear Responsibility and Joette Lorion

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