ML20150D582

Motion for Permission to Withdraw Pleadings W/O Prejudice & W/Leave to File Substitute Pleadings within 48 H.* W/ Certificate of Svc

ML20150D582
Person / Time
Site:	Comanche Peak
Issue date:	07/06/1988
From:	Kohn M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA, TEXAS UTILITIES CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20150D528	List: ML20150D526 ML20150D582
References
CPA, OL, NUDOCS 8807140055
Download: ML20150D582 (5)

Text

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- p "~' 4 Y UNITED STATES OF AMERICA \s -

Di NUCLEAR REGULATORY COMMISSION N -d BEFORE THE ATOMIC _ SAFETY AND LICENSING BOARD />U [T-ND

)

In the Matter of,- )

) Docket Nos. 50-445-OL TEXAS UTILITIES ELECTRIC ) 50-446-OL COMPANY, et al., ) (Application for an

) Operating License)

)

(Comanche Peak Steam Electric ) Docket No. 50-445 CPA Station, Units 1 and 2) ) (Construction Permit

) Amendment)

)

MOTION FOR PERMISSION TO WITHDRAW PLEADINGS WITHOUT PREJUDICE AND WITH LEAVE TO FILE SUBSTITUTE PLEADINGS WITHIN FOURTY-EIGHT HOURS On July 6, 1988, petitioner John Doe filed with this tribunal two motions and two notices in tne above-captioned proceeding. These pleadings are entitled:

Notice to Make Public All Settlement Agreements Enacted by the Parties; Notice of Intent to Pile a Motion Requesting a Substitution of Parties or in the Alternative Notice of Intent to file a Motion for Intervention; 3 Motion to Proceed as John Doe and proposed Order; Notice of Appearance.

Due to information obtained and concerns expressed to counsel for John Doe, the fcllowing relief is hereby requested:

1) That the above-mentioned pleadings be withdrawn in their entirety without prejudice; 8807140055 880706 PDR ADOCK 05000445 PDR O

d.

2) That leave be granted to petitioner to refile with this tribunal new pleadings concerning and relating to the proposed "Joint Stipulation" and the suspension,-modification _or termination of the on-going licensing proceedings.

3) That this tribunal stay further consideration of the "Joint Stipulation" for fourty-eight hours;

4) That this tribunal permit counsel for Petitioner to appear in this matter for the limited purpose of representing Petitioner.'s interests in any hearings or conferences before this tribunal.

Petitioner has good cause for such relief in that petitioner and his counsel first saw the "Joint Stipulation" on July 5, 1988 and learned late that afternoon that this tribunal had or was about to issue an Order related to the proposed settlement.

Additionally, Petitioner and his counsel did not become aware that the settlement apparently directly eencerned petitioner until later that evening at or about 7 p.m.

Given the expedited nature of petitioner's above-referenced filings dated July 6, 1988, petitioner respectfully moves this tribunal to grant the relief requested for good cause shown.

Respectfully submitted,

- L -

MICHAEL D. KOHN STEPHEN M. KOHN DAVID K. COLAPINTO

_2_

526 U Street, N.W.

Washington, D.C. 20001 (202) 234-4663 Attorneys for Petitioner

/f Filed this () day of July, 1988.

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I t Ct CERTIFICATE OF SERVICE 'JQ y y

Erk?M ca l4 I-HEREBi CERTIFY that copies of the foreg ig Mot [$5"Cll g for permission to withdraw pleadings without prejudic gh\

leave to file substitute pleadings within fourty-eight hours were served by first class mail, postage prepaid, to Administrative Law Judge Peter B. Bloch, 4350 Eastwest Highway, 4th Floor, Bethesda, MD, on tisis 6th day of July, 1988.

l The following parties were also served the aforegoing pleading by first class mail, postage prepaid, except where

• denotes service was accomplished by hand-delivery, on the 7th day of July, 1988:

Office of the Secretary Attention: Docketing & Service Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (3 Copies)

Chairman, ASLB Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (4 Copies)

• Janice Moore, Esq.

Office of General Counsel U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C. 20555

• Mr. Victor Stello U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Jack R. Newman, Esq.

• George Edgar, Esq.

Newman & Holtzinger 1615 L Street, N.W., Suite 1000 Washington, D.C. 20036

,b 5

Robert A. Woolridge, Esq.

Worsham, Forsythe, Samples

& Woolridge 2001 Bryan Tower, Suite 3200 Dallas, TX 75201 Mr. William G. Counsil Texas Utilities Electric Co.

Skyway Tower

~

400 North Olive St., L.B. 81 Dallas, TX 75201 Judge Elizabeth B. Johnson Oak Ridge National Laboratory P.O. Box X, Building 3500 Oak Ridge, TN 37830 Dr. Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74075 Dr. Walter H. Jordan ,

881 W. Outer Drive Oak Ridge, TN 37830 Ms. Billie Pirner Garde GAP-Midwest Office 104 E. Wisconsin - B Appleton, Wisconsin 54911 MkAnthonyP.oisman,Esq.

1401 New York Ave., N.W., Suite 600 Washington, D.C. 20005 Mrs. Juanita Ellis 1426 S. Polk Dallas, TX 75224 By: ,/ #l Stephen M.'Kohn, Esq.

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