ML19339C908
| ML19339C908 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 02/09/1981 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Fankhauser D AFFILIATION NOT ASSIGNED |
| References | |
| ALAB-633, ISSUANCES-OL, LBP-81-2, NUDOCS 8102120291 | |
| Download: ML19339C908 (2) | |
Text
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UNITED STATES OF A'4 ERICA h
y NUCLEAR REGULATORY CCF4ISSION
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A Administrative Judges:
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Richard S.
Salzman, Chairman
- g Dr. Lawrence R. Quarles 7.-
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- p In the Matter of CINCINNATI GAS & ELECTRIC COMPANY
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Docket No. 50-358 OL
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(William H. Zimmer Station)
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Mr. John Woliver, Batavia, Ohio, for David Fankhauser,
'9 intervenor.
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y p tg MEMORANDUM AND ORDER
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February 9, 1981 f 2101981 >
., u,3,,,mmwma (ALAB-633) s w :c o' s. ~......y Dr. David E. Fankhauser is an intervenor in this'op.e_ratji<f license proceeding.
He seeks to appeal now from a Licensing Board ruling disposing summarily of one of his contentions.
l LBP-81-2, 13 NRC (January 23, 1981).
Because that ruling did not eliminate Dr. Fankhauser as a party in the proceeding it is an interlocutory order.
Under the Rules of Practice, appeals from such orders must await the " initial decision" rendered by the Board at the end of the case.
10 CFR 882.760 and 2.762; Boston Edison Co. ~(Pilgrim Station, Unit 2), ALAB-269, 1 NRC 411, 413 (1975).
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- We therefore dismiss Dr. Fankhauser's present appeal for want of jurisdiction.
We do so on our own motion to spare all counsel the necessity of briefing a matter we may not now enter-tain.
This dismissal is of course without prejudice and carries i
no implication about the merits of the Licensing Board's ruling.
l Appeal dismissed.
It is so ORDERED.
FOR THE APPEAL BOARD Q.6 s kA l
i C. Je g Bishop Secretary to the Appeal Board i
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This order is issued by the Board Chairman under 10 CFR 82.787 (b) (1).
Dr. Quarles took no part in the disposition of this matter.
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