ML20039D043
| ML20039D043 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 12/29/1981 |
| From: | Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| NUDOCS 8112310251 | |
| Download: ML20039D043 (2) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY Cdfd4I8Df:0 A9 :39 ATOMIC SAFETY AND LICENSING APPEALcBOARD picKTh.iO(.
02
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Administrative Judges:
EPAN:n I(
s kg%g g\\,i Alan S. Rosenthal, Chairman
- gf Og Dr. John H.
Buck gJg p
Thomas S.
Moore s
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In the Matter of
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4 9
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u DUKE POWER COMPANY
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Docket Nos. STN
- 88
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50-489 (Perkins Nuclear Station,
)
50-490 Units 1, 2 and 3)
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)
)
ORDER December 29, 1981 We have under submission the appeal of intervenors Mary Apperson Davis and the Yadkin River Committee from the Licensing-Board's partial initial decision in this construction permit proceeding.
On December 8, 1981, the counsel who re-presents the intervenors on that appeal filed a " Motion To Consider New Evidence And Reopen The Proceedings". The motion was sigred by him as counsel not for intervenors but, rather, "for High Rock Lake Association, Inc."
Calling our attention to this fact, the NRC staff asserts, inter alia, that the motion should be dismissed on the ground f
that it was filed by a non-party to the proceeding.
C_f.
Metropolitan Edison Co. (Three Mile Island Nuclear Generating h
8112310251 811229
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PDR ADOCK 05000488 G
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ - Station, Unit 2), ALAB-4 54, 7 NRC 39 (1978).
Before acting on that assertion, we will provide counsel with an opportunity to explain the apparent inconsistency between the statement in the body of the motion that it was being filed by "the Inter-venors" and his identification of himself as the attorney for the High Rock Lake Association.
That explanation shall be filed and served no later than January 11, 1982.
It is so ORDERED.
FOR THE APPEAL BOARD
.1
- l. : e_
Barbara A. Tompkins '
Secretary to the Appeal Board Mr. Moore did not participate in this order.
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