ML20028F595
| ML20028F595 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 02/01/1983 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | YAKIMA INDIAN NATION |
| References | |
| ALAB-712, NUDOCS 8302020263 | |
| Download: ML20028F595 (2) | |
Text
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I' 00tKETED UchRC UNITED STATES OF. AMERICA-NUCLEAR REGULATORY COMMISSION 83 F8 -1 P3 :38 ATOMIC SAFETY AND LICENSING APPEAL BOARD c?? d 0F St a tTAe
Administrative Judges:
[100hETmG & 5EFVICE BRANCH Stephen F. Eilperin, Chairman Christine N. Kohl Dr. Reginald L.
Gotchy ERVED pgg,,g83 In the Matter of
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)
PUGET SOUND POWER AND LIGHT COMPANY,)
)
50-523
)
(Skagit/Hanford Nuclear Power
)
Project, Units 1 and 2)
)
)
James B. Hovis, Yakima, Washington, for intervenor Confederated Tribes and Bands of the Yakima Indian Nation.
MEMORANDUM AND ORDER February 1, 1983 (ALAB-712)
The Confederated Tribes and Bands of the Yakima Indian Nation, an intervenor in this construction permit proceed-i ing, seeks to" appeal the Licensing Board's rejection of part l
or all of four of its contentions; other of its contentions were accepted as litigable.
See Memorandum and Order i
Pestating Admitted Contentions (Jan. 18, 1983) (unpub-lished).
As we did just six months ago with regard to i
another intervenor's similar appeal in this very proceeding, we summarily dismiss the appeal on the ground that it is l
unauthorized by the Commission's Rules of Practice.
See ALAB-683, 16 NRC (July 27, 1982).
We repeat again what B302020263 830201 PDR ADOCK 05000522 fa G
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,:e said there and on numerous other occasions:
These Rules do not permit a person to take an interlocutory appeal from an order entered on his intervention petition unless that order has the effect of denying the petition in its entirety.
10 CPR 2.714a; Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-329, 3 NRC 607, 610 (1976), and cases there cited.
Texas Utilities Generating Co. (Comanche Peak Steam Electric Station, Units 1 and 2), ALAB-599, 12 NRC 1, 2 (1980),
quoting from Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station,_ Unit 1), ALAB-585, 11 NRC 469,
- I 470, and ALAB-586, 11 NRC 472, 473 (1980),
The appeal is dismissed.
It is so ORDERED.
FOR THE APPEAL BOARD 0..
W Ws l
C. J Q n Sh6Emaker Secretary to the Appeal Board t
--*/
As noted in ALAB-599, 12 NRC at 2 n.1, an intervenor in the Yakima Indian Nation's position must await the rendition of the Licensing Board's initial decision.
If dissatisfied with that decision, it may then appeal under 10 CFR S 2. 762 (a).
One of the matters that can be raised on such an appea) is whether the Licensing Board erred in rejecting or rewording one or more of the appellant's contentions.
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