ML19270G712
| ML19270G712 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 05/07/1979 |
| From: | Skrutski R NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| NUDOCS 7906190132 | |
| Download: ML19270G712 (2) | |
Text
eq UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD D
'5"!P Richard S.
Salzman, Chairman p.
Dr. John H.
Buck MAY 8 1979 )
Michael C.
Farrar NRC PUBLIC D00UMEhrf MM
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Tlgy.,*; gy g
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)
In the Matter of
)
)
HOUSTON LIGHTING & POWER
)
Docket Nos. 50-498 OL COMPANY, et al.
)
50-499 OL
)
(South Texas Project,
)
Units 1 & 2)
)
)
Mr. Steven A.
Sinkin, San Antonio, Texas, for intervenor Citizens Concerned About Nuclear Power.
ORDER May 7, 1979 (ALAB-545, Citizens Concerned About Nuclear Power, Inc., moves to strike the appeal from the Licensing Eoard's order granting it leave to intervene.
The relief is sought on the ground that applicants' notice of appeal and brief fail to comport with 10 C.F.R.
82.762 and Appendix A to 10 C.F.R.
Part 2, section IX(d) (2), provisions of the Commission's Rules of Practice.
CCANP asserts that These are the only sections of the rules of practice that establish standards for exceptions and briefs and would be controlling on the appeal before this Board.
2318 358 7906190l3 t The provisions cited apply to initial decisions of the licensing boards.
Appeals from interloc" tory board orders granting or denying interventior, however, are covered elsewhere.
See 10 C.F.R.
52.714a.
Applicants' papers comport with that rule; accordingly, the motion to strike their appeal must be denied. 1!
It is so ORDERED.
FOR THE APPEAL BOARD Romayne M. Skrutski-~
Secretary to the Appeal Board 2318
'59
_ / Intervenors' motion papers include a request for 1
attorney's fees.
Apart from the fact that such an award would be inappropriate here (where their motion has been denied), we caution them that the Commission does not award such fees in any event.
See, Financial Assistance to Participants in Commission Proceedings, CLI-76-23, 4 NRC 494 (1976).