ML19347C649

Appeal to Receive Transcript of 801202 Prehearing Conference.Intervenor Was Under Impression That Recently Changed NRC Rules Would Provide Gratis Copy.Certificate of Svc Encl

ML19347C649
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	12/27/1980
From:	Doherty J DOHERTY, J.F.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8101050014
Download: ML19347C649 (2)

Text

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UNITED STATE 3 OF AM2?.ICA NUCLEAR R2GULATORY CONMISSION e' g.

3EFORE THE A?C".IC SAFETY AUD LICENSING AFFEAL BCARD -

dnC80 In 'the Matter of: ' ) Der O

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) Methg g ECUSION LIGH2I::G & F0WER CO.

(Allens Creek Nuclear Generating Station Docket No. 50-46 8'e %+

Unit 1) j y -

JOEN F. DCEERTY, IHTER7ENOR FRC-5E'S AFFEAL TO OBTAIN TRANSORTET OF DECEM3ER 2, 1980 PRE-EEARING COUFERENCE FREE OF CHARGE This Apoeal is for the right of this Intervenor to receive gratis, a sing 1,e copy of the NRC's transcript of a Fre-hearing -

Conference in this Construction Fermit proceeding held on Decem-ber 2, 1980, in Houston, Texas. Below, this Intervenor will show

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that he-(and other intervenors) were deprived of the right to receive a copy of the aforesaid docu=ent through retro-active -

application of a later Commission decision and harned by said

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deprivation. ~

The facts are straightforward. On July 25, 1980, the com-nission's regulations, in particular 10 C.F.R. Part 2 were anended (at Fed. Reg. 49,535, enclosed), " ...to provide a one-year pilot program of procedural assistance...to parties other than applicant

...by (a:::eng others) (a) upon a carty's request oroviding one transcrior to that party." and incorporated in'10 C.F.R. 2.750 (a5 Fed. Reg. 49,537.'3aaed on thin pilot program a free transcript was provided this Intervenor of the Aurust 13, 1980 Fre-Hearing Conference of this proceeding.

l In its Order of July 31, 1980, the ASL3 for this proceeding granted (Page 3) the right to the procedureal assistance provided l

in "O C.F.R. 2 750 to this Intervencr. The right was noted provided l

to several other parties in this proceeding in the Board..Crder of

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August 21, 1980 (Page 1). ~ ~ ~

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Cn December a, 1980, Connissio:TeF'Aherene directed cessation of the precedural assist 2nce with no Tricr warning to this Inter-vetor. This Intervenor attenied the Ne-hearing conference npecting to receive a gratis copy of the transcript and hence nade no other record of the event. On December 10,:1980, by conference call to two Intervening rarties, Staff and Applicant, Mr. Wolfe, the ASL3 %3 Chair, announced there woul: be no transcripts available, free to #

the arties unlike the orevious insta. nae, because DocketinS 4lSer-

/ 0 vice has been infornei that it could not nake such tranceripts 3103050o$ . . .

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+ availablo under the naw directivo. The only record of-the con- ,

rerence call is enclosed. It is a "Menoran'un", courtesy of

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Applicant's counsel. The removal of this party's right to a free transcrict bf the Docenber 2, 1980 Fre-hearing Conference by the December 4, 1980, Aherne directive was not noted thereupo.n however.

From Decenber 10, to December 23,-1980, this Intervenor has been heavily involved in law school examinations. This Intervenor believes he has been reasonably diligent in-his pursuit of this Appeal.

This Intervenor has no record of the pre-hearing conference of any kind because he relied on the right to receive gratis a copy of the transcript. He relied on being provided the trans-cript but was retro-actively denied his right to it by the actions of the Jharinan of the ASLB for this proceeding and the Docketing & Service 3 ranch. He cannot be said to have lacked forethought as the right was announced a part of a "...one-year pilot program" (45 Fed. Reg. 49,535) on July 25, 1980. Certain inportant details thich will effect his participation in the

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enviror.nental phase of the proceeding are unavailable to his due to the ruling acpealed herein. de therefore seeks relief from this A' peal Board, in the form of the right to receive gratis

! a copy of the transcript of the proceedings 6f Decenber 2, '980 in the Allens Creek proceedings.

John F. Doherty Intervenor pro-se '

CERTIFICATE OF SERVICE Copies of " JOHN F. DOUdRTT, IHTE2VENOR PRO-3E'S AFFIAL TO CDTAIN TRAUSCRIFT CF DZCEMBER 2,1980 PRI-HEARING CONFJRENCE FREE CF CHA2GE", were submitted to the Parties below via First Class U. S. Postal 3ervice , this R73A of Decenber, '980 fron Houston, Texas Ato ic lafety '_icensiac & Appeal Board J. Grecory Conel.and, Esq.

3heldon lolfe, Esq., URC Jack R. Newnan, Esq.

Gustave A. LinenberSer, 3RC The Serveral Intervenine -

Dr. 3. Leonard Cheatun, URC Parties Richard A. Black, Esq., Staff Docketing & Service i

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