ML20137X451

Memorandum & Order Suspending Opportunity of Rl Anthony & Other Parties to File Pleadings in Proceeding Until Authorized by Aslb.Served on 860305

ML20137X451
Person / Time
Site:	Limerick
Issue date:	03/04/1986
From:	Smith I Atomic Safety and Licensing Board Panel
To:	Anthony R ANTHONY, R.L., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
CON-#186-311 86-522-02-LA, 86-522-2-LA, OLA, NUDOCS 8603060259
Download: ML20137X451 (4)

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3B0 3/4/86 DXMETED UNITED STATES OF AMERICA p,pc NUCLEAR REGULATORY COMMISSION 186 NAR -5 A10 :33 Before Administrative Judges:

Ivan W. Smith,-Chairman 0F Fil i.

Richard F. Cole ' 00CW wi s . 'f Gustave A. Linenberger, Jr.

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- SERVED MAR - 519%

' In the Matter of

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/ PHILADELPHIA ELECTRIC COMPANY ) Docket No. 50-352-OLA

[ASLBPNo. 86-522-02-LA]

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(Limerick Generating Station, ) (Check Valve)

I Unit 1) )

March 4,1986 MEMORANDUM AND ORDER Suspension of Pleadings l i As of today Mr. Robert L. Anthony has filed four pleadings relating to the notice of opportunity for hearing in this proceeding, 50 Fed. Reg. 52874, December 29, 1985. Some of the pleadings have overlapped in purpose. In addition, the February 15 pleading to the Comission contained, contrary to traditional practice, the contentions advanced by Mr. Anthony as issues in the proceeding. Consequently  !

confusion has arisen about the tining and sequence of answers to Mr. Anthony's filings.

I January 30, 1986 to Secretary of the Comission; February 5,1986 to Secretary of the Comission; Februcry 15, 1986 to the Comission; and February 26, 1986 to the Licensing Board.

9603060259 960304 PDR ADOCK 05000352 C PDR

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, Until the' Board has had an opportunity to bring order to this proceeding, the opportunity and need to file pleadings is suspended.

This neans that Mr. Anthony and other parties nuy not fi3e additional i

pleadings until authorized by the Board. However he and other parties may seek 7 eave to file pleadings by stating the 7ature and purpose of

-i t . This also means that other parties are= not required to answer i fir. Anthony's pleadings cctil further notice. Sufficient time for - t answer!ng will he provided.

F.orm of Pleadings Scre of Mr. Anthony's pleadings have been difficult to read. He has overcrcwded sene of the pages in his pleadings and has yet to comply with the Comnission's fermal requirements fo* . documents. In particular he disregards the margir and spacing rules set out in 10 CFR '

5 2.798/b):#

(b) Each document shall be 6.1und.on the left side and ty.oearitten, printed or otherwise reprodt(ed in permanent form on good unglazed paper of standard letternead size. Each page sFa11. begin not less than Cne and one-quarter inches from the  !

. top, with side and bottom nargins of not less than one and nee-quarter inches. Text shall be double-spcced, except that ,

afotations may be single-spaced and idented. The requirements-  :

of this paragraph do'Aot apply to original doc

• cents or  !

edmissible copics offered as exhibits, or to specially l peqpared exhibits. t 2

? e rWe for mar, gins ano spacing are not more technicalities.  ;

T'r-e nus' be space on cocuments to accoemadate official stampings and not tisos. The nargin must he of the prescribed dimersions in ordar c' 1cv for binding. Single spaced information not an a (Ecotnote Continued) l I

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3-Mr. Anthony has >1so failed to comply with the proof-of-service r

' requirements of the regulations,. 10 CFR s 2.712. @ile the Board ,

i understands that Mr. Anthony usually does serve his pleadings on the parties, he does not Elways clearly note that fact es required. The result is that the Licen. sing Board Chairman cr some other NRC officer trust waste time to determine whether Mr. Anthony's plaadings have been -

served. The Board will accept Mr. Anthcny's certificate (as compared to en affidavit) that he has cerved the pleadings, but with that exception we will insist that he comply with the proof-of-service rule. See Section 2.712'e)(2) and (3).

Section 2.709 orovides that documents failing to confonn with Section 2.708 may be returned and not entered into the Coanission's docket. tir. Anthonv bcs already had one pleading returned to him in this proceeding by the Secretary. The Board stresses the imprtance of complyicg with the Comission's procedural rules. Me are aware of rc reason why Mr. Anthony cannot or shotud not comply with the Commissicw's f filing procedures. Fairness to the other participants and the Soard's responsibility to conduct prcceedings in an orderly and efficiett reanner may require the Board to reject defective pleadings in the future.

(Footnot.e Continued')

quotation creates confusion as to itt intent and causes needless difficulty in reading.

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a t All parties are n.auested to assure that the narne of the filing party and the date of the doctnent (preferably this should also be the date of service) appear clearly on the face ^ page of each pleading.

FOR THE ATOMIC SAFETY A?JO

' LICENSING BOARD ff  :

Ivan W. Smit % Thairman ADMUIISTPATIVE LAW JUDGE l Bethesda, Mary 1cGd Perch 4, 1936 J

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