ML20054K460

Memorandum & Order Directing Parties to File,By 820716, Memorandum on Existence of Extraordinary Cause for Acceptance of Referral Re ASLB Conditional Admission of Contentions

ML20054K460
Person / Time
Site:	Catawba
Issue date:	07/01/1982
From:	Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
ISSUANCES-OL, NUDOCS 8207020172
Download: ML20054K460 (2)

Text

V

\

P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION. -

ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

Alan S. Rosenthal, Chairman Thomas S. Moore EEE.VED yj[ g y pre Howard A. Wilber

)

In the Matter of )

)

DUKE POWER COMPANY, ET AL.

- - ~ ~

) Docket Nos. 50-413 OL

) 50-414 OL (Catawba Nuclear Station, )

Units 1 and 2) )

)

)

MEMORANDUM AND ORDER July 1, 1982 In its memorandum and order entered yesterday in this operating license proceeding, the Licensing Board referred to us under 10 CFR 2.730 (f) three specific rulings. Each of these rulings pertained to the conditional admission of certain contentions advanced by intervenors. The referral was at the behest of the applicants and the NRC staff, which disagree with the rulings.

We are strongly disinclined to undertake interlocutory review of licensing board determinations on the admissibility of contentions. Whether there is sufficient justification to put that reluctance a de in this instance is problematic at 9207020172 820701 .,

PDR ADOCK 05000413 pfQ O PDR

b I

best. Before reaching a definite conclusion on whether to accept the referral, however, we will provide those parties favoring interlocutory review an opportunity to be heard.

Any such party may file, on or before July 16, 1982, a memo-randum addressed to both (1) the existence of extraordinary cause for acceptance of the referral 1/; and (2) the merits of the referred rulings. Upon receipt of the submission (s) ,

we will determine whether there is need for a response by those parties who disfavor interlocutory review or are in agreement with the referred rulings.

It is so ORDERED.

FOR THE APPEAL BOARD mv .

_Y Barbara A. Tompkins Secretary to the Appeal Board l

l r

~~~1/ The mere fact that interlocutory review might obviate the need to litigate the conditionally admitted contentions does not constitute such cause. This same consideration is present whenever contentions are admitted over objection.

i l

l