ML19345H356

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Memorandum That ASLB 810515 Initial Decision Appealable Under 10CFR2.762(a) But Not Under 10CFR2 App B.Aslab Will Be Established to Consider Any Appeals.If No Appeals Taken, Decision Will Be Reviewed Sua Sponte
ML19345H356
Person / Time
Site: Rancho Seco
Issue date: 05/18/1981
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
ISSUANCES-SP, LBP-81-12, NUDOCS 8105200189
Download: ML19345H356 (1)


Text

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. MAY j UNITED STATES OF AMERICA b3/

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL PANEL Alan S.

Rosenthal, Chairman

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In the Matter of

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SACRAMENTO MUNICIPAL UTILITY DISTRICT

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Docket No. 50-Alt =GE

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(Rancho Seco Nuclear Generating Station))

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MEMORANDUM

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On May 15, 1981, the Licensing Board issued an initial-deciG, sion in this special proceeding involving the Rancho Seco Nuclear Generating Station.

LBP-81-12, 13 NRC Examination of that decision discloses that it does not authorize " licensing action" within the meaning of Appendix B to 10 CFR Part 2.

Accordingly, the provisions of Appendix B relating to appeal boards do not come into play.

As noted in paragraph 248 of the initial decision, how-ever, it is nevertheless appealable under 10 CFR 2.762(a).

An Appeal Board will be shortly established for the purpose of con-sidering any such appeals.

In the absence thereof, the decision will be reviewed by that Board sua sponte, l

FOR THE APPEAL PANEL p\\,

CHAIRMAN

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