ML20038A436
| ML20038A436 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/1980 |
| From: | Fitzgerald NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20038A409 | List:
|
| References | |
| FOIA-92-436, TASK-AII, TASK-SE SECY-A-80-203, NUDOCS 8110300149 | |
| Download: ML20038A436 (3) | |
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I,s December 23, 1980 i
SECY-A-80-203
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ADJUDICATORY ISSUE (Information)
For:
The Commissioners James A. Fitzgerald From:
Assistant General Counsel Review of ALAB-621
Subject:
(In the Matter of Texas Utilities Generating Company, et al.)
Comanche Peak Steam Electric Station, Units 1 Facility:
and 2.
To inform the Commission of an Appeal Board
Purpose:
decision, review of which has_not_been_souz Q ] 5#
and which, in our opinion, Review Time January 5, 1981 i
Expires:
The Licensing Board has admitted Citizens for Discussion:
Fair Utility Regulation (CFUR) as an intervenor to this operating license proceeding, accepting i
several of CFUR's contentions as litigable and rejecting others.
CFUR endeavors to appeal from 1
the rejection of its Contention LB.
The Appeal Panel Chairman dismissed the appeal as unauther -
ized by the Commission's Rules of Practice.
These j
prohibit a person from taking an interlocutory i
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appeal from an Order entered on his intervention petition unless that order has the effect of deny-ing the petition in its entirety.
DISTRIBUTION -
See ALAB-599, 12 NRC (July 3, 1980), ALAB-329, l
Comissioners 3 NRC 607 (1976), and ALAB-565, 11 11RC D69 (1950).
Comission Staff Offices til -
Secretariat i
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'n " 1 Bild300l James A. Fitzgerala Assistant General Counse.
SECY NOTE: This paper has been issued as an Adjudicatory
Attachment:
ALAB-621 Infomation item because the General Counsel considers The Commissicl this to be a matter of minor significance.
ers' attention is invited to the fact that the review tin l for Commission review expires on January I
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Martha ". Tergew, COC
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UNITED STATED OF AMERICA t' -
i NUCLEAR REGULATORY COMMISSION
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- e. ' *T ATOMIC SAFETY AND LICENSING APPEAL PANEL 3
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j Alan S. Rosenthal, Chairman
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NOP 2(/g In the Matter of TEXAS UTILITIES GENERATING COMPANY,
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Docket Nos. 50-445 OL et al.
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50-446 OL
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(Comanche Peak Steam Electric Station,)
Units 1 and 2)
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l Mr. Richard L. Fouke, Arlington, Texas, for the intervenor, Citizens for Fair Utility Regulation.
MEMORANDUM AfD ORDER November 24, 1980
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(ALAB-621)
I Citizens for Fair Utility Regulation (CFUR) has been admit-ted as an intervenor in this operating license proceeding involv-ing the Comanche Peak nuclear facility.
Although several of its contentions were accepted by the Licensing Board as litigable, others were rejected.
CTUR now seeks to appeal the rejection of its Contention 4B.
The appeal must be summarily dismissed on the ground that it is unauthorized by the Commission's Rules of Practice.
In this re-gard, it is enough to repeat what was said last July in response 11 K
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t to the like endeavor of another intervenor in this proceeding to appeal from the rejection of certain of its contentions:
Those Rules do not permit a person to take an interlocutory appeal from an order en-tered on his intervention petition unless that order has the effect of denying the petition in its entirety.
10 CFR 2.714a; Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-329, 3 NRC 607, 610 (1976), and cases there cited.
ALAB-599, 12 NRC (July 3, 1980), quoting from Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1),
ALAB-586, 11 NRC 469, 470 (1980), and ALAB-586, 11 NRC 472, 473 (1980).
Appeal dismissed.
It is so ORDERED.
i FOR THE APPEAL PANEL CHAIRMAN O_. b M_
D. Jeg Bishop i
Secretary to the Appeal Panel This action was taken by the Appeal Panel Chairman under the authority of 10 CFR 2.787 (b).
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As also pointed out in ALAB-599 (at fn.1), an intervenor in CFUR's situation must await the rendition of the Li-
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censing Board's initial decision.
If dissatisfied with that decision, an appeal can be taken from it under 10 CFR 2.762(a).
One of the matters that can be raised on such an appeal is whether the Licensing Board erred in reject-ing one or rnore of the appellant's contentions.