ML20032D856
| ML20032D856 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 11/06/1981 |
| From: | CHERRY, M.M./CHERRY, FLYNN & KANTER, LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20032D857 | List: |
| References | |
| NUDOCS 8111180165 | |
| Download: ML20032D856 (3) | |
Text
Ts DOCKETED USNCC umED SmTES T usaICA NoctzAR Rn;UrmeRr CCmISSICE
'81 G 10 ci2:58 sEroRE THE AxxIC SAFm me LICENSnn APPEAL BOAaD
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,A CCAWA115 W MCrrICN T THE FC dORD LEAGUE T WCfE4 VOIERS 'IO EXTEND
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'IHE TIME WrrHIN WHICH.'IO TAKE AN APPEAL FRCM THE FINAI/h ORDER OF DIE AKMIC SAFEIY MO LICENSHG BOARD 'OR IN 'IHEbdy ALTERNATIVE 'IO STAY HIE TIME SCHEDUIE FOR EXu:5 ICNS AND BRIEFINGS IN CCINECTICE WITH AN APPEAL The Rockford Ieague of Wanen Voters (hereafter "the Imague"),
by their attorneys, requests the' Exnic Safety and Licensing Appeal Board (which by 10 C.F.R., Section 2.785, has been delegated authority to act on appeals fran Atanic Safety and Licensing Boards in accordance with
~~ '0 C.b.R., S 2.762) to extend the time within which an appeal may be
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1 properly taken pursuant to 10 C.F.R., S 2.762, of an Order of the Atanic
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Safety and Licensing Board in this docket dated October 27, 1981, (and served thereafter by mail)which dismisses the Imague fran this
! roceeding, such extension to run until 10 days after service of a P
decisica by the Atanic Safety and Licensing Board on the league's Petition for Reconsideration of the Order of October 27, 1981, sich Petition for Reconsideration was timely filed with the Licensing Board on Novenber 6,1981 (a c.3pj of said Petition for Reconsideration has been separately served upon the Atanic Safety and Licensing Appeal Board 9
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Panel in accordance with the Licensing Board's service list), or in the alternative, docket the Imague's appeal fran the Ocm M r 27, 1981 Order of the Licensing Board (which appeal is attached hereto as Exhibit A) and then stay the briefing schedules provided for in 10 C.F.R., S 2.762, until 10 days after service of a decisian by the Atanic Safety and Licensing Board on the aforesaid Petition for Reconsideration.
In support of these alternative notions (the Imague believes that the first notion is more appropriate, but has filed the alternative notion just to make certain that it does not waive any right to apl) the Imague states as follows:
1.
In an unusual opinion on October 27, 1981, the Atanic Safety and Licensing Board dismissed the Imague as a party herein.
2.
Because frcm a readipg of that Order it was apparent that the Licensing Board did not consider all of the facts and created errors of law, including but not limited to totally vitiating the sanctity of discovery agrements anong counsel, the league (which is seriously interested in, and actively capable of, participating in this proceeding) intends to appeal fran that decision if the Licensing Board does rot upon reconsideration vacate the dismissal.
3.
The Ieague, under these circumstances and. hopefully in order to expedite these proceedings, determined that it would be prudent to give tin Licensing Board the opportunity to reconsider its decision and has timely filed a Petition for Reconsideration on Noverber 6,1981.
'Ihe ti:ne within which an appeal may be perfected fran the October 27, 1981 Order is rot stayed by the filing of a petition for reconsideration, and an appeal, unless provision is otherwise made, must be docketed
(given mailing of the October 27, 1981 Order) on or before 'May, n;venber 11,1981 (this Motion is being filed with the Atcmic Safety aM Licensing Appeal Board on Novmber 6,1981). Because the Inague believes it would be more efficient to pemit the Atanic Safety and Licensing Bcard to rule on the Petition for Reconsideration, since a vacation of the Octd:er 27, 1981 Order would render any appeal noot, the league respectfully asks the Atanic Safety and Licensing Appeal Board to either extend the time for filing an aopeal until 10 days after a decision on the aforesaid Petition for Reconsideration, or docket the attached appeal (Exhibit A hereto) and stay briafing thereon in accordance with 10 C.F.R., S 2.762, until 10 days after the Licensing Board has reached a decision on the Petition for Reconsideration.
4.
Procedurally, the Inague believes the first of the alt'ernative notions is preferable',*although if there is any procedural debilitation in granting said motion, the League requests that the Appeal
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Board grant its alternate nction.
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~WF2EEFORE, the Rockford Ieague of Wcrnen Voters, by their
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attorneys, requests the Atmic Safety and Iicensing Appeal Board to grant r ef in accordance with the alternative motions first set out
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above.
Respectfully sulmitted, ROCKFORD LETCJE OF NCMEN VCTIERS
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Myron M. Cherry By:
Peter Flynn One of Their Attorneys CHERRY & FLYW, p.c.
One IEM Plaza, Suite 4501 Chicago, Illinois 60611 (312) 565-1177