ML17139A323
| ML17139A323 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 07/08/1981 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | CITIZENS AGAINST NUCLEAR DANGERS |
| References | |
| NUDOCS 8107100213 | |
| Download: ML17139A323 (3) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:
Richard S.
- Salzman, Chairman Dr. John H. Buck Thomas S.
Moore gO oo In the Matter of PENNSYLVANIA POWER and ALLEGHENY ELECTRIC (Susquehanna Steam Units 1 and 2)
)
)
)
& LIGHT COMPANY
) Docket, No~s 387
)
5-88 COOPERATIVE I INC
)
)
Electric Station,)
)
)
MEMORANDUM AND ORDER July 8, 1981 JUL g0 <~o,~~
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"~>>~arne CCEQQ~lg 1.
By motion filed June 2, 1981, pro se i ~pvanog Citizens Against Nuclear Danger
("CAND") seeks review now of Licensing Board rulings made on May 20th.
We are asked to set aside the Board's actions to the extent that they (1) preclude the Environmental Coalition on Nuclear Power (a
separate intervenor) from further participation in the safety and health phase of the proceeding for repeatedly refusing to make discovery; (2) grant applicants'otion for summary dis-position of Contention 12 (alleging the existence of a safety problem with feedwater spargers);
(3) decline to take up as premature questions about applicants'equest for a new fuel receipt and storage license for a low-level radioactive waste Bg ppg pp~-
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holding facility; and (4) summarily dispose of portions of Contention 17 on the environmental consequences of very high-voltage transmission lines.
2.
The bases for the Licensing Board's rulings are fully explained in its May 20th "Memorandum and Order on Pending Motions"; we need not restate them here.
The appli-cants and staff argue that those rulings are correct on the merits.
We may not reach such matters because each of them is interlocutory in character.
In. other words, none elimi-nates CAND from the proceeding or effectively disposes of a major segment of the case.
CAND's appeal must therefore abide the Board's "initial decision" at the end of the case.
In the circumstances presented, '"[n]o interlocutory appeal may be taken
. from a ruling of the presiding officer."
" Bos'tonEdisonCo.
(Pilgrim Station, Unit 2),
ALAB-269, 1 NRC 411, 413 (1975); Ci'nci'nn'ati'as G Ele'ctric'o.
(William H.
Zimmer Station),
ALAB-633, 13 NRC (February 9,
1981)(slip opinion at 1); Penns lvania Power 6 Li ht Co.
(Susquehanna Station, Units 1 and 2), ALAB-641, 13 NRC
'May 15, 1981)(slip opinion at 1-2).
CAND's motion is there-fore den'ied.
It is so ORDERED.
FOR THE APPEAL BOARD C. Je Bishop Secretary to the Appeal Board
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