ML20045F025
| ML20045F025 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 08/15/1980 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20038A409 | List:
|
| References | |
| FOIA-92-436 SECY-A-80-120, NUDOCS 9307060329 | |
| Download: ML20045F025 (4) | |
Text
.
t UNTTYD' STAT 1s NUCLE.AR REGULATORY COMMISSION 4
ADJUDICATORY ITEM Aucust 15. 1080 SECY-A-80-120 COMMISSIONER ACTION Fer:
The Cor::nissioners Frc=:
James A. Fitzgerald Assistant General Counsel
Subject:
Review of ALAB-602 (In the Matter of Maine Tankee Atcmic Power Company)
Facility:
Maine Yankee Atcmic ?cwer Statien Furrese:
To infer the Commission of an Appeal Beard deci-sion, review of which has no been scught,fand g y,.:
'I which, in our opinion, F.eview Time 12pires:
August 23, 1980.
Discussion:
Sensible Maine Power, a petitioner for interven-tion in this proceeding, seeks to appeal from an unpublished interlocutory order entered on July 14, 1980 by the Licensing Board, panting licensee's motion to postpone the special pre-trial conference until after Cctober 1, 1980.
The Appeal Panel Chairman dismissed the appeal as unauthorized under the Commissien's ?.ules of Practice.
The ?.ules contain a general prohibi-tien agains; in erlecutory appeals fr : *icens-ing beard rulings cade during the : curse Of a proceeding.
10 CFC. 2.730(f); see A1A3-3~;, 5 NP.C 131 (1977). f p-
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A1A3-cO2 armtica in this record was de,eted 9307060329 930317 PDR FOIA in aCCardance with the frM'1 f laf U"
Act, exem tions _
f CILINSK92-436 PDR F0lA..f,;2-V.74
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i 4 Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Thursday, Auaust 28, 1980.
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Commission Staff Office comments, if any, should be submitted to the Commissioners NLT August 21, 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 comment, the Cocaissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION Commissioners Commission Staff Offices Secretariat 9
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL PAIEL Alan S.
Rosenthal, Chairman
)
In the Matter of
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MAINE YANKEE ATOMIC POWER COMPANY
)
Docket No.
50-309
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.(S
. (Maine. Yhn_ke._enMG Power. Station) :
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--Mr ? David Santee Miller,. Washington,,3. C.,
-.f or the petitioner, - Sensib1'.e Ma'i' net 7ower~. ' _
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MEMORANDUM AND ORDER July 29, 1980 (ALAB-602 )
On July 14, 1980, the Licensing Board en?.ered an un-published interlocutory order in this proceeding which granted the licensee's motion to postpone the special prehearing con-ference until after October 1, 1980.
A petitioner for. inter-vention in the proceeding, Sensible Maine Power, seeks to appeal from that order.
The appeal must be summarily dismissed.
Section 2.730 (f) of the Commission's Rules of Practice, 10 CFR 2.730(f),
contains a general prohibition against inter-locutory appeals frem licensing board. rulings made during the course of a proceeding.
The 1
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single exception to this prohibition is found in 10 CFR 2.714a.
Insofar as a petitioner for intervention is concerned, that Section allows an appeal from an order concerning his petition if -- but only if -- the order danied the petition outright.
Public Service Co. of OklAE g,1 (Black Fox Station, Units 1/
1 and 2), ALAB-370, 5 NRC 131 (1977),and cases there cited.
Appeal dismissed.
It is so ORDERED.
FOR THE APP M PANEL CHAIRMAN O k%
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C.
J e a'p B i s h o p Secret 3ry to the Appeal Panel J
This action was taken by the Appeal Panel Chairman under the authority of 10 CFR 2.787(b).
1/
Sensible Maine Power would not be aided were its papers to be treated alternatively as a request that we exercise
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our authority to review the July 14 order as a matter of discretion.
See 10 CFR 2.718(i) as interpreted in Public Service Co. of New Hampshire (Seabrook Station 2_ Units 1 and 2), ALAB-271, 1 NRC 478, 482-83 '(1975).
We have mad ~e'it clear that that authority normally.will not be invoked to entertain scheduling controversies.
S e e' e '. c., Consumers-Power Co. (Midland Plant, Units 1 and 2), AiAB-541, 9 NEC 436, 437-38 (1979),and cases there cited.
Our attention has been called to no extraordinary circumstances which might warrant making an exception to the general rule in this instance.
' ' '