ML19330B050
| ML19330B050 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 07/26/1980 |
| From: | Miller D MILLER, D.S., SENSIBLE MAINE POWER |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML19330B051 | List: |
| References | |
| NUDOCS 8007300122 | |
| Download: ML19330B050 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSIONir, JUL 281980 > D i
Ottice of the Secretty 9:
o Occheting & Service Branch g
In the Matter of
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Docket No. 50-3 y
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MAINE YANKEE ATOMIC POWER COMPANY
) (To Increase and Modify
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(Maine Yankee Atomic Power Station),) Speat Fuel Pool Capacity
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Applicant.) and Systems; Compaction)
ATOMIC SAFETY AND LICENSING APPEAL BOARD APPEAL FROM " MEMORANDUM AND ORDER ON SCHEDULING OF PRDIEARING CONFER-ENCE AND STATUS REPORT FROM LICENSEE" Pursuant' to 10 CFR 810 714a, Intervenor Sensible Maine. Power appeals the " Memorandum and Order on Scheduling of Prehearing Con-ference and Status Report from Licensee" of the Atomic Safety and Licensing Board Panel herein, under date of July 14, 1980.
As grounds therefor Intervenor states as follows:
1 Said decision is arbitrary, capricious, unsupported by any concrete or credible evidence, and costitutes an abuse of discretion.
2.
Said erroneous decision, in its breach of several of this Commission's own regulations, constitutes a denial of procedural due process against Intervenor and against the public interest.
3.
Said decision's assertion, reliance and conclusion that "The (Maine) referendum could moot the (instant) proceeding" is er-roneous in fact and in law, as more fully developed below.
4.
Said decision erroneously, unfairly and unlawfully protects and promotes Applicant's continuing willful violationc or avoidances of the public's right to know.
5.
All proper and material factors thus far beveloped in this 8007800 IM
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proceeding favor the prompt, timely holding of the Special Pre-hearing' Conference herein without any further delay.
J For these reasons, for the reasons in fact and in law as devel-oped in the accsmpanying Brief, and for such reasons as may be de-veloped should oral argument be had herein, Intervenor requests that the decision appealed from be reversed, and that the Special Pre-hearing Conference now due herein be had at the earliest mutual con-venience of the parties.
AnzbzhL David Santee Miller Co-Counsel for Intervenor 213 Morgan Street, N. W.
i Washington, D. C.
20001 Telephone:(202) 638-0483 CERTIFICATE OF SERVICE I hereby certify that I have caused copies of this Appeal, the accompanying Brief, and proposed Order, to be mailed to the follow-ing named offices or individuals, first class regular mail postage prepaid, this 26th day of July,1980.
1
' David Santeo Miller' l
Co-Counsel for Intervenor Alan S. Rosenthal, Esq., Chairman Atomic Safety & Licensing Apl. Bd.
U. S. Nuclear Regul/2 tory Commission Washington, D. C.
20555 (3 copies)
Docketing & Service Branch U. S. Nuclear Regulatory Cmsn.
Washington, D. C.
20555 (20 copies and original)
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Dr. Robert M. Lazo, Esq., Chairman Atomic Safety & Lcnsg. Bd. Panel U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Gustave A. Linenberger Atomic Safe ty & Lensg. Bd. Panel U. S. Nuclear Regulatory Cman.
Washington, D. C.
20555 Dr. Cadet H. Hand, Jr., Dir.
Bodega Marine Laboratory University of Califernia P.
O.
Box 247 Bodega Bay, CA 94923 Edwin J. Reis, Esquire Office of Exec. Legal Dir.
U. S. Nuclear Regulatory Cmsn.
Washington, D. C.
20555 John M. R. Paterson Deputy Attorney General Dept. of the Atty. Gnl.
State Houae Augusta, ME 04333 Thomas G. Dignan, Jr., Esq.
and R. K. Gad, III, Esq.
Ropes Gray 225 Franklin Street Boston, MA 02110
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