ML18047A492
| ML18047A492 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 07/30/1982 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| ALAB-670, CLI-82-18, ISSUANCES-SP, LBP-81-26, NUDOCS 8208030295 | |
| Download: ML18047A492 (3) | |
Text
...
.A......
- ~.*.. '.
- ~
-~:)
- ..,(,.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~ '*
. ~..
~-...
COMMISSIONERS:
Nunzio J. Palladino, Victo:::- Gilin&ky John F. *11-.hearne Thomas M. Roberts James K. Asselstine Chairman
)
In tlie Matter of
)
)
f-.
982 Jl 30 p3*~6*.... -*
OFFICE OF SECRETARY
- DOCKETING & SERVICE"
. BRANCH.
~
SERVED.JUL 3o19BZ CONSUMERS POWER COMPANY
)
Docket No. 50-255 SP
)
(Palisades Nuclear.Power Facility) )
~~~~~~~~~~~~~~~~~~>
MEMORANDUM AND ORDER CLI-82-18 On Ma_rch 9, J-981 the Director of the Office of Inspection and Enforcement issued a confirmatory order to improve the licensee'.s. performance at the Palisades plant.
46 Fed.Reg. 17688 (March 19, 1981).
That order, to which the licensee consehted, in part restricted overtime for licensed operators at the Palisades Facility to a greater degree than*the NRC's generally ap*plicable limitations.
The Utility Workers Union of America and the Michigan State Utility Workers Council (Union) requested a hearing on the overtime restrictions imposed by the order.
The Commission referred the Union's request for a hearing to the Atomic Safety and Licensing Board.
Unpublished Order of May 29~ 1981.
On July 31, 1981 the Licensing Board denied the request for a hearing.
The Lice~sing Board found that the Union lacked standing entitling it to a hearing as of right, that the
/
t 2
- e
.J **.
Commission's referral order had precluded the Board from granting a discretionary.hearing and that the criteria for a discretionary hearing had not been satisfied.
Consumers Power Company (Palisades Nuclear Power Facility), LBP-81-26, 14 NRC 247 (1981).
The Appeal Board reversed the Licensing Board on March 31, 1982.
The Appeal Board found that the Commission had not barred cons1deration of a discretionary hearing, and that the criteria for a discretionary hearing had been satisfied.
Consumers Power Company (Palisades Nuclear Power Facility), ALAB-670, 15 NRC (1982).
Subsequently, the NRC staff and the Union settled their
.disagreement over allowable overtime, and on May ll, 1982; the
'NRC staff and the Union filed a "Joint Motion to Terminate Proceeding."
That motion stated that on April 21, 1982 the NRC Administrator of Region III had issued a "Partial Recission of Order" modifying the overtime restrictions in the ¥~rch 9 Director's Order to comply with the normal Commission policy on overtime, and that the Union had withdrawn its request for a hearing.
On May 28, 1982 the Licensing Board granted the motion to.terminate the proceeding after find~ng that the settlerne~t and "Partial Recission of Order* were fair and reasonable.
Thus, this proceeding is now moot..
Under established NRC practice,* unreviewed judgments are vacated when their appellate review becomes unavailable be'c:ause of mootness.
See,~'*
Boston Edison Company (Pilgrim Nuclear Power Station, Unit 2),
ALAB-656, 14 NRC 965 (1981); *Rochester Gas and Electric Corporation (Sterling Power Project, Nuclear Unit No. 1).,
J' 3
1'
.¢
.,,,*:... *...;/"
ALAB-596, 11 NRC. 867 (1980).
See also, ~' A. L. Mechling Barge Lines, In~. v. United States, 368 U.S. 324 (1961); United States *V. Munsingwear, Inc., 340 U.S. 36 (1950).
Accordingly, we hereby vacate both the Licensing Board decision, LBP-81-26, and Appeal Board decision, ALAB-670.
These decisions also should not be used for guidance.
-rt is so ORDEREP.*
- ... : I:*;
Dated at Washington, D.C. *
"'2. vii.
the..,;10 -day of July, 19820.
For. the Commission JOHN C.
Ac ti Secretary of the Commission Commissioner Gilinsky was not present when this Order was affirmed, but had previously indicated his approval:
Had Commissioner Gilinsky been present he would have affirmed his prior vote.
/
/