ML20098D032
| ML20098D032 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/24/1984 |
| From: | Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20098D034 | List: |
| References | |
| OL, NUDOCS 8409270328 | |
| Download: ML20098D032 (1) | |
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U.S. UCCLZAR hGUIATC.tr CO XISdION.1TCMIC SA/2,IY !s LICE 3 DING APPEAL 30ARD RE: PMLA;ELEC. CO. Limerick G6n. Sta. Units 1 & 2 DOCKET # 50-352,353 o6 05WC September 24,1984 ihgFW6 /MlHONT/F0E FROM ASLHn ORDER OF 9/7/84 AND THE AFFIDAVITS ASLB R
REQUIRED TO VALIDATE THE ORDER, FILED 9/21/84 ; and APPEAL FROM ASLB PARTIAL
{Np{IAL DSCISICH ON OUR CONTENTIONS Y -3a and 3b.
DOCKETWG & SET 3 RANCH BACKGROUND.
On 9/1/84 Anthony / FOE filed with NRC a Motion to Set Aside " Partial In-itial Decision" on our Contentions V-3a and 3b.
On9/7/84 ASLB issued an order stating "our decision remains in effect".
We conclude this means that ASLB did not set a ide the decision as we petitioned and that we are aow free s
to appeal the Partial Initial Decisioc.
APPEAL *.
We appeal the Partial Initial Decision on Contentions Y 3a and 3b to the Appeal Board and we assert again,as we did in our motion above>, that ASLB err-ed in making a d6 cision on our contentions af ter it had received Board Noti-fication No.84-142 from T.M.Novak, NRC Div. of Licensing, in regard to the This Notific ties brought new informatiam on reactor enclosure veut stack.
a the structural integrity of the plant which had>to be evaluated before any initial decision on our contentions could be completed. The notification was dated 8/20/84 :
ASLB's decision was issued em 8/29/84 ASLB conditioned its order thus:
The NRC Staff's and ApplicamWs answers to F0E's motion to reopen shall update the information,by affidavits of appropriate officials with the knowledge of the facts,containeB in the Board Notification.
The NRC Staff complied with this order on 9/21/84 and we received the Staff affidavits today.
The Staff compliance will not be complete,we understand, I
until a " report documenting the findings" has been provided to the Board and l
Parties. ( Affidavit of Robert M.Galle page 4/10,9/19/84).
l CONC LUS ION.
l We trust that the Appeal Board will agree that our" Motion to Set Aside" was not answered until we received affidavits fron the Staff today. Our appeal is thereford, filed is a timely masser since we intended with our 9/1/84 appeal to a,ppeal the partial initial decision but vsre not free until ASL3's order and affidavits 3
were completed.
Respectfully submitted, oc ASLB J udges Brenner, Cole, Morris NRC Staff,Docketisg, M.J.Tetterhahn
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