ML20039E369

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Responds to Objecting to Appointment of Aslab to Hear Exceptions Filed to ASLB Initial Decision.Commission Practice Allows for Appointment of Aslab to Hear Appeals from ASLB Decisions
ML20039E369
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 01/05/1982
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Falk K
WISCONSIN'S ENVIRONMENTAL DECADE
Shared Package
ML20039E370 List:
References
NUDOCS 8201070202
Download: ML20039E369 (1)


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(\\f NUCLEAR REGULATORY COMMISSION UNITED STATES g (-

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% '1h CFFICE OF THE January 5,- 1982 el;D -.3 SECRETARY N

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9 Ms. Kathleen M.

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Director of Legal Affairs JAtt 2>

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114 North Carroll Street, Sui.te 208

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Madison, Wisconsin 53703

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Re:

Point Beach Nucleari Plant Docket Nos. 50-266' 50-301

Dear Ms. Falk:

This is in response to your letter of December 28, 1981, objecting to the appointment of an Atomic Safety & Licensing Appeal Board to hear the exception's you filed to the Licensing Board's initial decision in this proceeding.

j It is Commission practice to appoint an Appeal Board to hear appeals from Licensing. Board decisions.

The Commission's rules, 10 CFR 2.785, delegate the authority to the Appeal Board to " perform the' review functions which would otherwise have been exercised and performed by the Commission, including, but not limited to, those under SS2.760 - 2.771, 2.912, and 2.913 in proceedings such as the one here.

i The rule providing for appeals from initial decisions is' contained in 52.762.

You should also note that 10 CFR 2.786 provides for discretionary review by the Commission of Appeal Board decisions.

I am enclosing a copy of the Commission's Rules of Practice, 10 CFR Part 2, for your use in proceedings

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before the Commission.

S,incerely, f

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amuel

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Enclosure:

9503 10 CFR Part 2 Sj I tt 8201070202 820105 PDR ADOCK 05000266 C

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