ML19350B527

Answer Opposing G Fernos 810303 Request for Reconsideration of ASLB 810218 Order Granting Withdrawal W/O Prejudice of Util Application.Also Opposes Request to Stay Decision.No New Info Presented.Certificate of Svc Encl

ML19350B527
Person / Time
Site:	05000376
Issue date:	03/12/1981
From:	Axelrad M LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, PUERTO RICO WATER RESOURCES AUTHORITY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8103200743
Download: ML19350B527 (4)

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UNITED STATES OF AMERICA 2 -4_,..,,, .,$

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NUCLEAR REGULATORY COMMISSION 3- ,  ; a l > p.j

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD <~ \ eU/

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In the Matter of )

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PUERTO RICO ELECTRIC ) \t*;/ c3 s

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POWER AUTHORITY ) Docket No. 50-3

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Si AUTHORITY'S ANSWER IN OPPOSITION e,w ,$ g. -

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lIQ On March 3, 1981, Mr. Gonzalo Fernos, acting pro se and on behalf of Members of Citizens for the Conservation of Natural Resources, Inc., (the Petitioner) filed a Petition for Reconsideration (the Petition) asking the Atomic Safety and Licensing Board (the Board) (1) to reconsider the Order of February 18, 1981, (the Order) granting the withdrawal without prejudice of the application of the Puerto Rico Elec-tric Power Authority (the Authority), and (2) to stay its decision until Mr. Fernos returns from an operation (appar-ently until March 18, 1981).

For the reasons set fortL below, the Authority opposes both the request for reconsideration and the. request for a stay and urges the Board to deny the Petition in all respects.

n'e Petition-presents no new information or new grounds g for the r'elief requested. Instead the Petitioner reiterates 5 the tired allegations which were carefully considered by the /[

Board in issuing its Order, and gratuitously insults the 810 82 0 0 7<{s G

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the Board and questions its motives in ruling against the Petitioner. No basis for reconsideration is provided by the Petition, which should be summarily denied.

The request for a stay is similarly unsupported and without merit. The Petition does not even address the four factors specified in 10-CFR S 2.788(e); and application of each such factor militates against grant of a stay. Peti-tioner has made no showing that it is likely to prevail on the merits of any appeal, let alone the " strong showing" specified in paragraph 2.788 (e) (i) . Petitioner has not shown that it will be irreparably injured unless a stay is granted, and it is difficult to conceive of such injury under these circumstances. On the other hand, the grant of a Ltay would harm the' Authority by perpetuating un-necessarily the unsettled status of the application.

Clearly the public interest lies in finally bringing these matters to rest without further delay, particularly when the Petitioner's arguments are so lacking in merit and the Petitioner is unharmed by the decision.

Respectfully submitted,

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Lowenstein, Newman, Reis,

& Axelrad 1025 Connecticut Avenue, NW Washington, D. C. 20036 Attorneys for Puerto Rico Electric Dated: March 12, 1981 Power Authority _

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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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PUERTO RICO ELECTRIC )

POWER AUTHORITY ) Docket No. 50-376

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North Coast Nuclear Plant, )

(Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Authority's Answer in Opposition to Petition for Reconsideration, dated March 12, 1981, was served on the following by deposit in the United States mail, first class and postage prepaid, this 12th day of March, 1981.

Sheldon J. Wolfe, Esq., Chairman Secretary of the Commission Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D. C. 20555 U.S. Nuclear Regulatory (Original and 2 copies)

Commission Washington, D. C. 20555 Attention: Docketing and Service Section Dr Richard F. Cole Administrative Judge German A. Gonzalez Atomic. Safety and Licer. sing Mission Industrial Board GPO Box 20434 U.S. Nuclear Regulatory -Rio Piedras, PR 00925 Commission Washington, D. C. 20555 German A. Gonzalez Suite 501 Mr.'Gustave A. Linenberger Condominio Le Mans Administrative Judge Avenida Munoz Rivera 602 Atomic Safety and Licensing Hato Rey, PR 00919 Board U.S. Nuclear Regulatory Gonzalo Fernos Commission Chairman Washington, D. C. 20555 Citizens for the Conservation of Natural Resources, Inc.

Henry J. McGurren, Esq. 503 Barbe Street Office of the Executive Legal Santruce, PR 00912 Director U.S. Nuclear Regulatory Commission Washington, D. C. 20Ea5

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Dr. Thomas Morales-Cardona Eng. Francisco Jimenez Department of Pharmacology Box 1317 School of Medicine Mayguez, PR 00708 University of Puerto Rico GPO Box 5067 San Juan, PR 00936 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 I ' ,.

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Maurice Axelrad Lowenstein, Newman, Reis,

& Axelrad 1025 Connecticut Avenue, NW Washington, D. C. 20036 (202-862-8400)

Attorneys for Puerto Rico Electric Power Authority

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