ML20054H286
| ML20054H286 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 06/22/1982 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | STAMIRIS, B. |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8206230196 | |
| Download: ML20054H286 (2) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'52 ff,' 22 P3.24 ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:
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Christine N. Kohl, Chairman Dr. John H. Buck SEVED jut 1221M Thomas S. Moore
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In the Matter of
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CONSUMERS POWER COMPANY
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50-330 OM & OL (Midland Plant, Units 1 & 2)
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ORDER June 22, 1982 On June 7, 1982, intervenor Barbara Stamiris filed an appeal from the Licensing Board's April 30, 1982, memorandum and order, which authorized certain interim amendments of the construction permits for the Midland facility, pending issuance of the Board's partial initial decision on soil settlement issues.
See LBP-82-35, 15 NRC __ (1982).
Exceptions to the Board's decision, however, were due May 13, 1982.
See id. a t __ (slip opinion, p. 22); 10 CPR 2.762.
In the cover letter to her appeal and in a separate letter dated June 14, intervenor states the reasons why she believes there is good cause for the acceptance of her 0206230196 820622 dk PDR ADOCK 05000329 C
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2 untimely appeal.-1/
The time limit for appeals from licensing board decisions is not " jurisdictional" -- i.e.,
a late appeal is not automatically barred, without regard to the reason (s) for its untimeliness.
Our general policy, however, is to enforce such time limits strictly.
Nuclear Engineering Co.
(Sheffield, Illinois, Low-Level Radioactive Waste Disposal Site), ALAB-606, 12 NRC 156, 160 (1980).
Accordingly, we treat intervenor's letters together as a motion for leave to file an untimely appeal, and we lodge -- rather than " file"
-- the accompanying brief on the merits, pending our decision on whether to accept the late appeal.
Replies to this " motion" by the applicant, NRC staff, and any other party are due for filing on July 2, 1982.
Further briefing on the merits is deferred until disposition of the motion.
It is so ORDERED.
FOR THE APPEAL BOARD 0.
M C. JQn Shoemaker Secretary to the Appeal Board
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Intervenor also requests in her June 7 cover letter that her appeal "not be considered improper on form alone."
Presumably, that reference is to the fact that, among other things, intervenor did not file exceptions prior to the brief, in accordance with 10 CFR 2.762(a).
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