ML20247Q717

Intervenors Motion for Extension of Time & Motion to Revise Hearing Schedule.* Requests Extension Until 891020 to Respond to Licensee Motion for Summary Disposition Filed on 890920 Due to Author Prof Commitments.W/Certificate of Svc

ML20247Q717
Person / Time
Site:	Turkey Point
Issue date:	09/23/1989
From:	Lorion J CENTER FOR NUCLEAR RESPONSIBILITY, LORION, J.
To:	Atomic Safety and Licensing Board Panel
References
CON-#389-9215 OLA-4, NUDOCS 8909290075
Download: ML20247Q717 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '89 SEP 25 P3 :58 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g;; ~

DCC In the Matter of ) Docket Nos, 50-250 OLA-4

) 50-251 OLA-4 FLORIDA POWER & LIGHT COMPANY )

) (Pressure / Temperature Limits)

Turkey Point Plant 3 & 4 )

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INTERVENERS' MOTION FOR EXTENSION OF TIME AND MOTION TO REVISE HEARING SCHEDULE Pursuant to 10 C.F.R. 2.711, Interveners, the Center for Nuclear Responsibility and Joette Lorion, hereby file this Motion

'for Extension of Time and Motion to Revise Hearing Schedule in <

the above captioned proceeding.

Interveners hereby request that this Board grant them an extension of time until October 20, 1989, to respond to Licensee's Motion for Summary Disposition file on September 11, 1989.

In support of this motion for extension of time Interveners list the following good cause reasons:

A) Intervenor, Joette Lorion, who is representing herself and the Center pro se has had professional commitments which will prevent her from responding to Licensee's motion in a timely fashion. Ms. Lorion's responsibilities included preparation for trial on bchalf of one of her clients which was scheduled for a two week trial calendar beginning September 18, 1989. This case was settled on September 22, 1989, but Ms. Lorion's responsibilities kh G

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( 2) to date have prevented her from reviewing and/or responding to Licensee's Motion.

B) Additionally, the responsibilities noted above have interfered with Ms. Lorion's other work responsibilities, which have accumulated because of the scheduled trial. Ms. Lorion will also be away from Miami for most of next week for professional reasons.

C) Finally, Interveners have sought through diecovery, information concerning Turkey Point's operating and loading history to date. Interveners were under the impression that this 1

information would be contained in computer printouts that would allow them to research this information without hardship.

Counsel for Licensee, John Butler, has informed Interveners thtt such information is not kept in an abbreviated fashion on computer sheets, thus Interveners will be forced to research numerous to obtain this important information.

For all the above reasons, Ms. Lorion 60es not believe that she can fairly and adequately address the interests of the Center unless the Motion for Extension of Time is granted. Interveners do not believe this delay would hardship the parties, as the license amendments in question have been granted.

Interveners are also requesting that the Hearing Schedule agreed to by the parties in a letter from Steve Franz, Counsel for FPL, dated March 13, 1989, be revised. Interveners are requesting that the date for written testimony be changed from l

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November 27, 1988, to January 27, 1989, and the date for hearing be changed from December 12, 1989, to February 12, 1990.

Interveners are requesting that the Board move these dates for the following good cause reasons:

1 A) As stated earlier in this motion, Ms. Lorion's I professional and work responsibilities will interfere with her ability to meet the original deadlines.

B) Additionally, Ms. Lorion, who represents herself and the Center has been chosen by the Public Service Commission Nominating Committee as one of 17 persons to be interviewed for two Florida Public Service Commission seats that will be vacated in December.

Ms. Lorion, who was nominated for the position by Florida House representative, Susan Guber, has advised the PSC Nominating ,

Council that she would resign from her position with the Center should she obtain with the PSC. It is Ms. Lorion's understanding that the Governor will be making theme appointments in late i

I November or early December. Since it is unclear at this time i

who would represent the Center should Ms. Lorion be appointed to the PSC position, it would seem prudent to delay the hearing until this issue is resolved.

Again, Interveners contend that such a delay would not hardship the parties because the license amendments have been granted. j Thus, for all the above reasons, Interveners request that this Board grant both their Motion for Extension of Time to respond to Licensee's Motion for Summary Disposition and their 1

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Motion to Revise the Hearing Schedule. Interveners contend that they have met the good cause requirements for asking the Board to take this action and respectfully suggest that this motion

! should be granted.

Finally, Interveners believe that it is in the interest of the public health and safety that these important safety issues l be fully and adequately addressed.

Respectfully submitted, h% (I" Joette Lorion Intervenor pro se Director, Center for Nuclear Responsibility 7210 Red Road #217 Miami, Florida 33143 (305) 661-2165 (305) 662-2600 Dated: September 23, 1989

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

Docket Nos. 50-250 OLA FLORIDA POWER & LIGHT CO. 50-251 OLA

)

Turkey Point Plant ) (Pressure / Temperature Amendments)

Units 3 and 4 )

CERTIFICATE OF SERVICE I Hereby certify that copies of Interveners' Motion for Extension of Time and Motion to Revise Hearing Schedule have been served on the following parties by deposit in the U.S.

Mail, first class, postage prepaid on the date shown below:

Dr. Paul Cotter John T. Butler Atomic Safety & Licensing Board Steel, Hector & Davis U.S. Nuclear Regulatory Commission 4000 SE Financial Center Washington, D.C. 20555 Miami, Florida 33131 Glenn O. Bright Steven P. Frantz Atomic Safety & Licensing Board Newman & Holtzinger P.C.

U.S. Nuclear Regulatory Commission 1615 L. Street NW Washington, D.C. 20555 Suite 1000 Washington, DC 20036 Jerry Harbour Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Janice Moore LW (t "

Office of General Counsel . . ette Lorion U.S. Nuclear Regulatory Commission Director, Center for Washington, D.C. 20555 Nuclear Responsibility 7210 Red Road #217 l Miami, Florida 33143 Dated: September 23, 1989 (305) 661-2165 L____.____..___ _ ___