ML20030B949

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Order Denying G Fernos Motion for Order Compelling Svc of Documents in Case.Fulton Case Fully Briefed & Submitted. Unreasonable to Require Svc.If Fulton Appeal Decided Before North Coast Appeal,Decision Will Be Served
ML20030B949
Person / Time
Site: 05000376, 05000463, 05000464
Issue date: 08/21/1981
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To: Fernos G
CITIZENS FOR THE CONSERVATION OF NATURAL RESOURCES, IN
References
NUDOCS 8108250238
Download: ML20030B949 (2)


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Administrative Judges:

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Alan S.

Rosenthal, Chairman O

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3 Dr. W.

Reed Johnson

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,(.EfiVED A,3g g Christine N. Kohl 3

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In the Matter of

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PHILADELPHIA ELECTRIC COMPANY

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Docket Nos. 50-463

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50-464 (Fulton Generating Station,

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Units 1 and 2)

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ORDER August 21, 1981 Gonzalo Fernos has moved for an order directing that he be served with " orders, decisions, notices and other papers issued by the Commission, the Appeal Board and all parties with regard to the instant case".

Mr. Fernos is not a party to this proceeding, which is now before us on the Philadelphia Electric Company's appeal from the February 27,'1981 order of i

the Licensing Board dismissing its Fulton construction permit application with prejudice.

He is, however, a party to l

Puerto Rico Electric Power Authority (North Coast Nuclear Plant, Unit 1), Docket No. 50-376, and has a pending appeal in that proceeding from a Licensing Board order dismissing l

the North Coast construction permit application without prej-udice.

Although acknowledging the North Coast Appeal Board's Y

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0 denial of his motion to consolidate the two proceedings for decisional purposes, Mr. Fernos insists that "the circumstances of both cases are very similar".

Without passing upon whether that is so, we see no warrant to grant the requested relief.

Unlike North Coast, in which Mr. Fernos ' brief as appellant is not as yet on file, the Fulton appeal has been fully briefed and is under submission.

It would be totally unreasonable to require the Fulton parties now to serve upon Mr. Fernos their previously filed papers. 1/

Should, however, our decision on the Fulton appeal be rendered prior to the disposition of the North Coast appeal, we will undertake to have a copy of that decision sent to him.

He will likewise be supplied with copies of any orders which we might issue in advance of the ultimate disposition of the Fulton appeal.

It is so ORDERED.

FOR THE APPEAL BOARD

~Q, [k 3 LA C. Je q Bishop i

Secretary to the Appeal Board

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Mr. Fernos remains free, of course, to request the Fulton parties to furnish him with copies of such papers as an accommodation.

We decide no more than that they should not be compelled to do so.

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