ML20045F006
| ML20045F006 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/24/1980 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20038A409 | List:
|
| References | |
| FOIA-92-436 SECY-A-80-109, NUDOCS 9307060302 | |
| Download: ML20045F006 (4) | |
Text
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l UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 ADJUDICATORY secy.n.80 30, July 24, 1980 COMMISSIONER ACTION For:
The Commissioners From:
James A. Fitzgerald Assistant General Counsel Subj ect :
Review of ALAB-599 (In the Matter of Texas Utilities Generating Company)
Facility:
Comanche Peak Steam Electric Station, Units 1 and 2.
Purpose:
To inform the Commission of an Appeal Board
{andwhich, in our opinion,
~~~been sought, pl decision, review of which has not Review Time August 8, 1980, as extended.
Expires:
Discussion:
On June 16, 1980, the Licensing Board issued an unpublished prehearing conference order which admitted Citizens Association for Sound Energy (CASE) to this operating license proceeding as an intervenor and which accepted several CASE contentions as litigable while rejecting several other contentions CASE wishes to litigate.
CASE endeavors to appeal from that part of the order rejecting its contentions.
The Appeal Panel Chairman dismissed the appeal as unauthorized by the Commission's Rules of Practice.
These prohibit a person from taking an interlocutory appeal from an order entered on his intervention petition unless that order has the effect of denying the petition in its entirety.
10 CFR 2.714a* See ALAB-329, 329 11RC J07 (1976) and ALAB-5k5,11.NRC469_9980).
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Contact:
Martha A. Torgow, 000 634-1465 murmaica ia tis rx:d m e eu n acco ante with th d:c c: trhrmation f[
9307060302 930327 F0lA-
'OILINSK92-436 PDR
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U Recommendation:
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James A. Fitzgerald Assistant General Counsel
Attachment:
ALAE-599 e
i Comissioners' coments should be provided directly to the Office of the Secretary by c.o.b. Friday, Aucust 8,1980.
.Comission Staff Office coments, if any, should be submitted to the Comissioners NLT August 1,1980, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and coment, the Comissioners and the Secretariat should be apprised of when coments may be expected. '
DISTRIBUTION Comissioners Comission Staff Offices Secretariat i
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UNITED STATES OF AMERICA p
NUCLEAR REGULATORY COMMISSION 6
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Doextre-USNRc ATOMIC SAFETY AND LICENSING APPEAL PANEL if JUL 81980 >
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Office cf the see:epy Alan S. Rosenthal, Chairman Docketing & 5enke If Branch
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In the Matter of
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TEXAS UTILITIES GENERATING COMPANY
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Docket Nos. 50-445 OL
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50-446 OL
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(Comanche Peak Steam Electric Station,)
Units 1 and 2)
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)Q 9 1990 Mrs. Juanita Ellis, Dallas, Texas, for the intervenor, Citizens Association for Sound Energy.
MEMORANDUM AND ORDER July 3, 1980 (ALAB-599)
Citizens Association for Sound Energy (CASE) endeavors to appeal from so much of the Licensing Board's unpublished June 16, 1980 prehearing conference order as rejected several of the con-tentions which that organization wishes to litigate in this operating license proceeding.
It is apparent from that order, however, that other CASE contentions were accepted by the Licens-ing Board as litigable and, thus, that the organization has been-admitted to the proceeding as an intervenor.
In these circum-stances, the appeal must be summarily dismissed on the ground
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e that it is unauthorized by the Commission's Rules of Practice.
Houston Lighting and Power Co. (Allens Creek Nuclear Generating i
Station, Unit 1), ALAB-585, 11 NRC 469 (1980), and ALAB-586, i
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11 NRC 472 (1980).
As there observed:
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 anc 2), ALA3-329, 3 NRC 607, 610 (1976), and cases there cited.
11 NRC at 473. S ALAB-58'5, 11 NRC at 470; ALAB-586, Appeal dismissed.
It is so ORDERED.
FOR THE APPEAL PANEL CHAIRMAN b
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Secre eary to the Appeal Panel This action was taken by the Appeal Panel Chairnan under the authority of 10 CFR 2.787 (b).-
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As also pointed out in those decisions, an intervenor in CASE's situation must await the rendition of the Licens-
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ing 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 more of the appellant's contentions.
- Further, the appellant may then complain of any Board-ordered re-visions in the wording of those of its contentions which were admitted to the proceeding.
(CASE's premature ap-peal contains a claim of error on that score as well.)