ML20082E491

Affidavit of RW Potter Re Timeliness of Public Advocate of Nj 831117-18 Motions.Motions Filed in Timely Manner. Certificate of Svc Encl

ML20082E491
Person / Time
Site:	Hope Creek
Issue date:	11/21/1983
From:	Potter R NEW JERSEY, STATE OF
To:
Shared Package
ML20082E462	List: ML20082E454 ML20082E474 ML20082E491
References
ISSUANCES-OL, NUDOCS 8311280211
Download: ML20082E491 (6)

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00LKETED usnac UNITED STATES OF AMERICA s

NUCLEAR REGULATORY COMMISSION yFf[I G SE V "

BRANCH Before the Atomic Safety and Licensing Board In the Matter of  : -

PUBLIC SERVICE ELECTRIC  :

AND GAS CO., et al.,  : Docket No. 50-354 OL (Hope Creek Generating  :

Station, Unit 1) ,  :

AFFIDAVIT REGARDING THE TIMELINESS OF THE PUBLIC ADVOCATE'S MOTIONS OF NOVEMBER 17 and 18 I, R. William Potter, of full age, being duly sworn, upon my oath, depose and say that:

1. I am counsel of record in this proceeding for the intervenor, Joseph H. Rodriguez, the Public Advocate of the State of Ned Jersey. Since February, 1982 I have been the Assistant Commissioner of the Department of the Public Advocate.

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2 In the conference telephone call of Thursday, November 17, Judge Marshall E. Miller, the Chairman and p' residing officer, questioned the " timeliness" of the Public Advocate's oral motion to postpone the special prehearing conference until resolution of the Public Advocate's motions to disqualify Dr. Carpenter and for Dr. Morris to provide additional information (filed on November 18). Judge Miller, joined by Judge Morris, then denied the motion to postpone citing, e.g., the timeliness of the motion.

3 The Public Advocate wishes to renew the motion to postpone, essentially for the same reasons stated in the Motions, Memorandum of Law and Affidavit of November 18.

4 Regarding timeliness, I believe that the following information should also be considered. For j reasons of personal privacy, I did not raise them earlier, but my ethical obligation to my client, the Public Advocate on behalf of the public interest ,

of New Jersey, dictates that I bring these facts to l

the Board's attention. Taken together, they demonstrate that, when all factors are considered, the motions l were filed as soon as practicable, as the rules require. 10 C.F.R. 52.704(c).

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5. On October 19, 1983, the day after the Board rendered its order conditionally admitting the Public Advocate, and publishing the resumes of Dr. Carpenter and Dr. Morris, I escorted my wife to the Hospital of the University of Pennsylvania (" HUP") located in Philadelphia, Pennsylvania. She was admitted for major surgery later that same morning. I remained there with her all day and late into the evening.

6 On October 20, doctors performed major surgery on my wife for over four (4) hours. I again remained at HUP until that that night, before 1

returning to my home in Princeton, NJ, about 60 miles away. For the next week I continued to commute between Philadelphia and Princeton to visit my wife at her bedside. (On certain days I was required to spend some time in the office, however.)

7. On Friday, October 28, I was able to take my wife home. While recuperating in bed, she needed my constant attention until Monday, October 31, when I was able to leave her for 2 to 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> at a time l

to come to the office. This pattern -- mixing time at home and time at work -- more or less continued until mid November as her recuperation progressed.

8. Accordingly, due to the above extraordinary pressures and distractions, combined with the necessity

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A of (a) responding in state court to PSE&G's unprecedented suit to bar the Public Advocate from intervening in a federal foru$,(b) preparing specific contentions due on November 7, (c) researching the issues of disqualification, and (d) reaching the sensitive decision to file the .

motion's to disqualify and foradditional information, I believe that the motions were filed in a timely manner, i.e., as soon as practicable in light of all the circum-stances.

l Dated: November 21, 1983 =

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R. WILLIAM POTTER Assistant Public Advocate /

Assistant Commissioner State of New Jersey Department of the Public Advocate Sworn and Subscribed to before me I this.'l/pd day of November, 1983.

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State of Netu 3rraeg 'id NOV 25 AiO53 DEPARTMENT OF THE PUBLIC ADVOCATE g-CN 050  ? ;r,: i:' * * '; 3,: ;Er,; J ,7 -

TREhTON, NEW JER$EY 08425 i.:' C -

R. WILUAM POTTER JOSEPH H. RODRIGUEZ ASSISTANT COMMIS$10NER eusoc AovocATE TEL meets November 22, 1983 a

The Honorable Marshall E. Miller Chairman Atomic Safety and Licensing

. Board Panel, U.S. Nuclear Reg. Comm.

1717 H Street, N.W.

Washington, DC 20555 i

Re: Public Service Electric & Gas Co.

' (Hope Creek Generating Station)

Docket No. 50-354--OL

Dear Mr. Chairman:

! I certify that on November 22, 1983, I caused to be served copies of (1) The Public Advocate's Partial Response to the Staff's Response to the Public Advocate's Contentions, (2) Affidavit Regarding the Applicant's Failure to Serve l

' the Public Advocate with the FSAR and Amendments Thereto, and (3) Affidavit Reg.irding the Timeliness of the Public Advocate's Motions of November 17 and 18 on those listed l on the attached service list by deposit in the U.S. mail.

Very truly,yours, l

• l JOSEPH H. RODRIGUEZ PUBLIC ADVOCATE R. WILLIAM POTTER l

Assistant Public Advocate l' SUSAN C. REMIS Attorney, Division of'Public Interest Advocacy

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'By: t I 'v S'. h'.ILE. . -

VIRGINIA (B. MYLOWE Secretarial Assistant RWP:SCM:vbm Enclosures New Jersey is An Equal Opportunity Emplo)er a@: Service List

DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION D Before the Atomic Safety and LicensingeBoard..r~.;

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Public Service Electric and  :

Gas Company  :

Docket No. 50-354 - OL (Hops Creek Generating Station)  :

SERVICE LIST

' Docketing and Service Section The Honorable Marshall E. Miller Office of the Secretary i

Chairman U.S. Nuclear Regulatory Commission

! Atomic Safety and Licensing Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission

, Lee Scott Dewey, Esq.

Washington, DC 20555 Office of the Executive Legal Director (2 copies)

U.S. Nuclear Regulatory Commission Dr. Peter A. Morris Washington, DC 20555 (2 copies)

Atomic Safety and Licensing Richard Fr ling, Jr., Esq.

U.S Nuclear Regulatory Commission Washington, DC 20555 Public Service Electric & Gas Co.

I Dr. James H. Carpenter PO Box 570 (T5E)

Newark, NJ 07101 l Atomic Safety and Licensing Board Panel .

Director, Division of j U.S. Nuclear Regulatory Commission Environmental Control l

Wash:.ngton, DC 20555 Tatnell Building Theodore C. Granger, Esq.

Deputy Public Advocate Troy B. Conner, Jr., Esq.

, Dapt. of the Public Advocate Conner and Wetterhan

! Division of Rate Counsel 1747 Pennsylvania Avenue, NW l 744 Broad Street - 29th and Washington, DC 20006 30th floors (2 copies)

Newark, NJ 07102 Honorable Irwin R. Kimmelman

, Atomic Safety and Licensin9 Attorney General Board Panel State of New Jersey U.S. Nuclear Regulatory Commission ~

Richard J. Hughes Justice Complex i Washington, DC 20555 25 Market Street l . .

Trenton, NJ 08625 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 (5 copies) 4 ug