ML19320B372
| ML19320B372 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/03/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Citizens Association for Sound Energy |
| References | |
| ALAB-599, NUDOCS 8007100255 | |
| Download: ML19320B372 (2) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION N
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6 USNRC ATOMIC SAFETY AND LICENSING APPEAL PANEL E4 JUL 81980 > r9' Q'lT
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Alan S. Rosenthal, Chairman
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TEXAS UTILI '.ES GENERATING COMPANY
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Docket Nos. 50-445 OL
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50-446 OL
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Electric Station,)
(Comanche le'
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Units 1 anc
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" mc4 Mrs. Juanita Ellis, Dallas, Texas, for the intervenor, Citizens Association for Sound Energy.
MEMORANDUM AND ORDER July 3, 1980 (ALAB-599)
Citizens Association for Sound Energy (CASE) endeavors to appeal from so much of the Licensing Board's unpublished June 16, 1980 prehearing conference order as rejected several of the con-t-
tions which that organization wishes to litigate in this operating license proceeding.
It is apparent from that order, however, that other CASE contentions were accepted by the Licens-ing Board as litigable and, thus, that the organization has been admitted to the proceeding as an intervenor.
In these circum-stances, the appeal must be summarily dismissed on the ground p50k S4/
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that it is unauthorized by the Commission's Rules of Practice.
Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-585, 11 NRC 469 (1980), and ALAB-586,
-11 NRC 472 (1980).
As there observed:
Those Rules do not permit a person to take an interlocutory appeal from an order en-i tered on his intervention petition unless that order has the effect of denying the petition in its entirety.
10 CFR 2.714a; Gulf States Utilities Company (River Bend Station, Units 1 anc 2), ALAB-329, 3 NRC 607, 610 (1976), and cases there cited.
j ALAB-585, 11 NRC at 470; ALAB-586, 11 NRC at 4 73.- 1_/
Appeal dismissed.
It is so ORDERED.
FOR THE APPEAL PANEL CHAIRMAN bb
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Secre ary to the.
Appeal Panel This action was taken by the Appeal Panel Chairman under the authority of 10 CFR 2.787 (b).
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As also pointed out in those decisions, an intervenor in CASE's situation must await the rendition of the Licens -
ing Board's initial decision.
If dissatisfied with that decision, an appeal can be taken from it under 10 CFR 2.762(a).
One of the matters that can be raised on such an appeal is whether the Licensing Board errad in reject-ing one or more of the appellant's contentions.
Fur ther,
the appellant may then complain of any Board-ordered re-visions in the wording of those of its contentions which werc admitted to the proceeding.
(CASE's premature ap-peal contains.a claim of error on that score as well.)
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