ML19331D907

Motion for Clarification of Scope of Single Issue to Be Tried in ASLB 800819 Order Re Intervenor 800430 Petition on Lack of Intention to Build.Draws Attention to Util Inaction & Contradictory Actions.W/Certificate of Svc

ML19331D907
Person / Time
Site:	05000376
Issue date:	08/27/1980
From:	Fernos G CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8009040225
Download: ML19331D907 (3)

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27 August,1980

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UNITED STATES OF AMERIC A NUCLEAR REG UL ATORY COMMISSION BEFORE THE ATOMIC S AFETY AND LICENSING BO ARD (ASLB)

• in the Matter of

• PUERTO RICO POWER AUTHORITY DOCKET NO. 50- 376

• Applicant

• Proposed North Coast GONZALO FERNOS, PRO SE, ET AL. *

• Nuclear Plant (Unit 1)

Intervenors lslote Ward, Arecibo, Puerto Rico

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MOTION OF CLARIFICATION TO THE HONORABLE BOARD :

. COMES NOW the undersigned Intervenor, Pro Se, and in represenation of Members of Citizens for the Conservation of Nctural Resources, Inc. ( CCNR ), and respectfully stctes, clieges and prays :

e 1.- The Licen:ing Board's ORDER of August 19, 1980,* received on August 25, 1980, inter clic : (c) grcnts the parties 30 days to initiate and complete discovery procedures and 15 dcys thereafter to respond thereof ; (b) states that no preheering conference shcIl be held unless requested by any party ; (c) crders parties to meet informcity within 30 days of ccmpietion of discovery procedures to cgree upon stipulations of fcct, upon cdmissibility of documents, identity of witnesses and setting a hearing schedule ; (d) the Bocrd also indicates Intervenors an'd Applicant need not request procedural assistatnce, cs it is automatically granted under 10 CFR I 2.708 (d).

. 2.- In ruling its ORDER of August 19, 1980, the Licensing Board stated :

• The ORDER was issued pursuant to ASLAB ORDER of August 11, 1980, in which the Appect Board totally reversed and remended ASLB ORDER of May 29,1980 ( LBP-80-15,11 NRC 765, 1980.)

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8009040225 4

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Motion of Clarificction Docket Nc. 50-376

" In that credibility mcy be a factor to be weighed by this Board, we intend to conduct on evidentiary hearing on the issue of whether Applicent has abandoned any intention to build the North Coast Nuclear Plant, Unit '."(Emphcsis added).

Credibility indeed is a factor to be weighed by any adjudicatory forum, but with rescrd to the cbove-captioned ccse, Intervenors wish to underline that it is the credibility of Applicant's testimony cnd documento! evidence which is under scrutiny in view of the fact that Applicant alone is pursuing a license to build end operate a nuclear picnt. Intervenors' credibility, naturally, is not at stake. We are only denouncing Applicant's contradictory actions, inaction and unwarranted secrecy.

e 3.- Incsmuch cs on intention, whether of cbendonment or persistence, to build a nuclear plant is too much of a subjective matter to be determined, Intervenors do not expect the ASLB to rule solely and directly on Applicant's intention. Such en untcngible issue might not be susceptible to be proven through estcblished evidentiary procedures, except through an indirect method. For example, one may have the most honest, sincere and persistent intent to build a ccstle on the Moon, but through the lack of technological knowledge, means and readiness, it ccn be proved that such an intent operctes in a vacuum completely detcched from reclity. Therefore, it must perforce be that Applicent's intention, honest, sincere, and persistent es it may seem, is merely illusory. That is, no matter how vehemently Applicant swears under oath thct it intends to build the Nuclear Plant, if circumstencial evidence strong-ly indicates otherwise, the Licensing Bocrd must conclude that the cpplication cannot be pro-cessed in any other wcy and must be dismissed for Icck of any real, plausible intent by Applicent to build the Nuclear Plant. Consequently, Interveners wish the Licensing Board to clarify its stctement : " there is only a single issue to be tried..." We expect chr1 the so-cclled " single issue " has as broad a sense es con recsoncbly be established, and that it is meant in a way so os to enchle Intervenors to exhcust all avenues of indirect proof indicative of Applicent's l

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Motion of Clarification Docket No. 50-376 abandonment of intent to build the Nuclear Plant, and is not construed to mean that Inter-venors have to reach the subconscious mind of Applicant to prove the lack of such intent.

e WHEREFORE, Intervenors rescectfully pray the Honorable Licensing Board to clarify the scope of the " single issue " to be weighed by the ASLB in order to reach its conclusion with rescrd to Intervenors' Petition of . April 30, 1980, expanded as deemed necessary.

e in San Juan, Puerto Rico, this 27th day of August,1980.

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Gonzalo Fern 6s, Pro Se, and representing Members of CCNR.

. 503 Barb 6 Street

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D Santurce, Puerto Rico 00912 Tels. (809) 727-0087 / 727-2287 CERTIFIC ATE OF SERVICE BY MAIL e i HEREBY CERTIFY : Thct on this scme dcte originct and 2 copies of the above motion entitled MOTION OF CLARIFICATION have been filed by first class mail with the Nuclear Regulatory Commission, Docketing and Service Section ; one copy served by air mail on each of the following : Alan S. Rosenthal, Esq., Chairman, ASLAB ; Dr. John H. Buck, Member, ASLAB ; Michcel C. Forrer, Esq., Member, ASLAB ; Sheldon J. Wolfe, Esq., Chair-man, ASLB ; Dr. Richcrd F. Cole, Member, ASLB ; Mr. Gustave A. Linenberger, Member, ASLB ; Edwin J. Reiss, Esq., Counsel for NRC Staff ( All the cbove becring scme cddress as follows : United States Nuclear Regulatory Commission, Washington, D.C. 20555 ) ; Maurice Axelred, Esq.,1025 Connecticut Avenue, N.W., Wcshington, D.C. 20036 ; Joss F. Irizarry, Esq., Lesci Counsel for Applicant, Puerto Rico Electric Power Authority, GPO Box 4267, San Juan, Puerto Rico 00936 ; Eng. Alberto Bruno Veso, Executive Director, Puerto Rico Electric Power Authority, GPO Box 4267, San Jucn, Puerto Rico 00936.

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oJmW L Gonzalo Fern 6s