ML20030D249
| ML20030D249 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 08/21/1981 |
| From: | Beeny S BRAND & HALL, CENTRAL ELECTRIC POWER COOPERATIVE, INC. |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-A, NUDOCS 8109010066 | |
| Download: ML20030D249 (2) | |
Text
, v%
c s
h.
55
. C. D-
.. S0 - 3 #f 6..k......,
(
/.U3 2 6198{ p C IN THE NITED STATES COURT OF APPEALS k2J!8I 6,
O!Tes cf tha Se:retary 6
FOR THE P.%te!b': & S:mes 6
tr...h FOURTH CIRCUIT x rd %
CENTRAL ELECTRIC POWER COOPERATIVE,
)
INC.
)
)
Petitioner,
)
)
v.
)
Docket No.
)
UNITED STATES NUCLEAR
)
REGULATORY COMMISSION
)
)
)
Respondent.
)
)
PETITION FOR REVIEU Pursuant to Rule 15(s) of the Federal Rules of Appellate Procedure, Section 189 of the Atomic Energy Act, 42 U.S.C. 52239, Section l'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 l
having its principal office in the State of South Carolina, I
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
.of South Carolina Electric & Gas Company and South Carolina l
Public Service Authority (Virgil C. Summer Nuclear Station f.h D.508 Unit No. 1), Docket No. 50-395A.
h.
an I
io 8109010066 810821_.
N PDR ADOCK 05000395 9
A l
T g\\h
~
Petitioner seeks review of the Commission's failure to institute proceedings in accordance with Section 105(c) of the Atomic Energy Act as amended, 42 U.S.C. 52133(c).
The Court is advised that there is pending before the Commission a Petition For Rehearing filed by Central on July 6, 1981 and amended July 20, 1981.
The final pleading responsive to that petitien was not due to be filed with the Comuission 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 1
BRAND & HALL 1523 L Street, N.W.
suite 300 Washington, D.C.
20005 (202) 347-7002 l
l l
l l
DATED:
August 21,1981 l--
1 L