ML19348A040
| ML19348A040 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 05/22/1981 |
| From: | Semmel H ANTIOCH SCHOOL OF LAW, WASHINGTON, DC, BIER, MILLS, CHRISTA-MARIA, ET AL |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8105290204 | |
| Download: ML19348A040 (1) | |
Text
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UNITED STATES OF AMERICA NUCLEAF REGULATORY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY Docket No. 50-155 (Spent Fuel Pool Modification)
(Bi Point Nuclear Plant)
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INTERVENORS REPLY ON PETITION FOR CXETED
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REVIEW OF INTERLOCUTORY ORDER UNDER USNR0 E_
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SECTION 2.786 7
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APPLICATION FOR DISCRETIONARY REVIEW x T [? g [.//
UNDER SECTION 2. 7 8 5 (d) k
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M NQr t \\ly Section 2.786 (b) (1) of title 10, C.F.R., expressly authorizes petitions to the Comission for review of decisions of an Appeals Board "other than a decision or action on a referral or certification under SS 2.718 (i) or 2.730 (f). " Both of those sections refer to direct reviews by the Commiss_ ion of decisions by a Licensing Board, not of decisions of an Appeals Board on certification from a Licensing Board.
Hence S2.786 authorizes Commission review of the decision of the Appeals Board herein.
In any event, there is no question that the Commission has the power to review the decision of :he Appeals Board under 10 C.F.R.
S2.785(d).
Accordingly, for the reasons set forth in its request for review filed April 20, 1981, intervenors request the Cc= mission to conduct such a review.
Respectfully submitted, r
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m HERBERT SFSS.EL,
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Antioch School'of Law b b9 das i n
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'Q Attorney for Intervenors 6p g Crista-Maria, Mills and Bier.
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