ML20005B831

Petition for Review of NRC 810626 Order.Commission Failed to Institute Proceedings Per Atomic Energy Act of 1954. Petition Submitted in Order to Preserve Right to Review in Event That NRC Does Not Grant Petition for Reconsideration

ML20005B831
Person / Time
Site:	Summer
Issue date:	08/21/1981
From:	Beeny S BRAND & HALL, CENTRAL ELECTRIC POWER COOPERATIVE, INC.
To:	U.S. COURT OF APPEALS, 4TH CIRCUIT
Shared Package
ML20005B826	List: ML20005B825 ML20005B827 ML20005B831
References
81-1785, NUDOCS 8109020322
Download: ML20005B831 (2)

Text

'

w.Arta conntsrox >rxes %CW d d * *% Q, "'K"" 3 ,

• *j";i5? Be 345

~PR 0 D. & L . . . . . . . , , ,, m.m.: mm GlugL CnctuJ , C6 ;pd bA , Ril

~

9: 53 n y \

IN THE UNITED STATES COURT OF APPEALS p l {-

FOR THE C FOURTH CIRCUIT

, A'M 2k 1981 e

BENTRAL ELECTRIC POWER COOPERATIVE,

) 5 #

) U.S.COUR7 o,: ~._

g. INC. ) Fouaiti Ci"' a

! )

Petitioner, )

) -

v. ) Docket No.S}~IT5D

. )

UNITED STATES NUCL:AR REGULATORY COMMISSION

) p'

)

)

) v_.

Respondent. ) g U-~

.\

)

3L' AUG 311981 > 3

-2 Diil::d the s::retse PETITION FOR REVIEW AM[?,,% '

g d D #

Pursuant to Rule 15(a) of the Federal Rules of Appellate Procedure, Section 189 of the Atomic Energy Act,

~ ~ 42 U.S.C. 52239, Section.1 of the Administrative Procedure Act, 5 U.S.C. 5702, and Section 2 of the Act of December 29, 1950 as amended, 28 U.S.C. 52342, Central Electric Power Cooperative, Inc., (hereinafter " Central"), a corporation having its principal office in the State of South Carolina, hereby respectfully petitions this Court for review of the attached order of the Nuclear Regulatory Commission entered June 26, 1981 in a licensing proceeding styled In the Matter If South Carolina Electric & Gas Company and South Carolina Public Service Authority (Virgil C. Summer Nuclear Station

? >

Unit No. 1), Docket No. 50-395A. [- i e

i 8109020322 810825 ,

PDRADOCK05000g j M

Petitibner seeks review of the % amission's failure to institute proceedings in accordance with Section 105(c) of the Atomic Energy Act as amended, 42 U.S.C$F f 2135(c) .

i h The Court is advised that there is pendinggbefore f.heCommissionaPetitionForRehearingfiledbyCentralon July 6, 1981 and amended July 20, 1981. The final pleading responsive to that petition was not due to be filed with the Commission until August 18, 1981. Therefore, a Commission decision, if any, is unlikely to be entered prior to the expiration of the 60-day period following entry of a " final order" of the Commission allowed by 28 U.S.C. 52344 for a petition for review such as the instant Petition. Central submits this Petition at this time in order to preserve its right to review in the event that the Commission does not

- - - grant its petition for reconsideration.

Respectfully submitted, Sean T. Beeny #

BRAND & HALL 1523 L Street, N.W.

Suite 300 Washington, D.C. 20005 (202) 347-7002 i

, ATED: August 2j,,1981

= 2 E