ML20062A544

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Request by Citizens for a Safe Environ of 780817 Re ALAB-501 Dismissed for Want of Jurisdiction
ML20062A544
Person / Time
Site: Satsop
Issue date: 10/02/1978
From: Duflo M
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
NUDOCS 7810140147
Download: ML20062A544 (2)


Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g

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ATOMIC SAFETY AND LICENSING APPEAL BOARD 7gg'f.8) 1

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5 OCT Jerome E.

Sharfman, Chairman afM i

Richard S. Salzman p# s=**

Dr. W. Reed Johnson 8

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In the Matter of

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WASHINGTON PUBLIC PCWER SUPPLY

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Docket'Nos. STN 50-508 SYSTEM, ET AL.

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STN 50-509

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(WPPSS Nuclear Project Nos. 3

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and 5)

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Mr. Janes E. Duree, Westport, Washington, for Citi:: ens for a Safe Environment.

Mr. Josech B.

Knotts, Jr., Fashincton, D.

C.,

for applicant Washington Public Power Supply System.

Mr. Daniel T.

Swanson for the Nuclear Eeculatory Commission staff.

ITMORANDUM AND ORDER October 2, 1978 (ALAB-501)

On August 17, 1973, Citi:: ens for a Safe Environment

(" CASE") filed a dccument asking this Board, "in its review", to consider four questicns.-1/

The applicant 1

and staff have pointed cut in reply that there is no 1

l review pending before us and the staff adds that we no lenger have jurisdiction of the proceeding.

They are CCrrect.

J/

Apparently CASE's doctr.ent was not served en all i

the parties until Septembe 78t#t+pt47 G-

20) r This was an uncontested proceeding.

"ASE had petitioned to intervene before the Licensing Board, but its petition was denied.

See LBP-77-25, 5 NRC 964, 969 (1977).

CASE 52.714a.

The did not appeal that denial under 10 C.F.R.

Licensing Board thereafter rendered its final decision which we reviewed on our own motion on April 10, 1978, and affir:ned on June 7,1978.

ALAB-485, 7 NRC The time in which the Commission might have elected to review 10 C.S.R.

our June 7th decision expired 30 days later.

At that time, any residual jurisdiction that 52.786 (a).

we retained also expired.

10 C.F.R.

52. 717 (a).

Conse-l quently, CASE's August 17th request is dismissed for want of jurisdiction.

It is so ORDERED.

FOR THE APPEAL OARD M s] $

h Marggret E.

Du Flo Secretarv to the Appeal Board i

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