ML19347F803
| ML19347F803 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 05/21/1981 |
| From: | Grossman H Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8105260372 | |
| Download: ML19347F803 (2) | |
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NUCLEAR REGULATORY COMMISSION
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d ATOMIC SAFETY AND LICENSING BOARD
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u.kgjE$I Before Administrative Judges:
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Herbert Grossman, Chairman 7
4 Dr. Oscar H. Paris SERVED frfg
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Frederick J. Shon
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i In the Matter of:
Docket No. 50-155 OLA CONSUMER POWER COMPANY (Spent Fuel Pool
)
Expansion)
(Big Rock Point Nuclear Plant)
)
)
May 21, 1981 MEMORANDUM (Clarifying John Leithauser's Lack of Party Status)
In our Order Following Special Prehearing Conference, LBP-80-4,11 NRC 117,119-123 (January 17,1980), we dismissed the petition for intervention of Mr. John Leithauser, in part because he had repeatedly failed to comply with Board orders directed towards having him cure deficiencies in his petition and file acceptable contentions. The Board balanced the five factors of 10 CFR 2.714 and found that they weighed heavily against admitting him.
11 NRC at 123. Mr. Leithauser failed to appeal our denial j
of his petition.
In our order, we also requested that the admitted parties brief a question relating to an admitted intervenor's need-for-power contention, permitted Mr. Leithauser to brief the question, and permitted him to file a motion to reconsider his petition to intervene on the issue to be briefed.
11 NRC at 133. Mr. Leithauser filed a brief, but it was unaccompanied by any motion to reconsider his petition to intervene.
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81052 6o 37A G
. After tne Board decided the questi.on briefed by the parties in LBP-80-25, 12 NRC 355 (1980), the Appeal Board accepted an appeal.
It permitted Mr. Leithauser to file briefs along with the admitted parties.
Mr. Leithauser interpreted this permission to participate in the briefing as conferring party status on him and, by motion dated March 10, 1981, requested the Comission to take official notice of his alleged party status. By Order dated April 23, 1981, the Commission has referred the matter of W. Leithauser's status to this Licensing Board.
As indicated above, the Licensing Board denied Mr. Leithauser's petition and Mr. Leithauser failed to move to reconsider or appeal the denial of petition. We note further that the Appeal Board has disclaimed taking any action intended to confer party status on Mr. Leithauser.
ALAB-636, Op. 14 fn. 10.
In addition, we have reviewed the filings by Mr. Leithauser to the Boards and Commission and find no reason to reverse l
our decision to exclude Mr. Leithauser as a party from the procceding.
Now that the briefing has been completed on the Board question l
relating to need for power and the matter has been resolved by the Licensing and Appeal Boards, Mr. Leithauser has no further status in the proceeding.
By Order of the Board.
i FOR THE ATOMIC SAFETY AND LICENSING BOARD l
t V
Herbert G'rossman, Chairman ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland l
this 21st day of May 1981.
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