ML20126M608

Exception to Aslab 850719 Order Dismissing Request for Hearing & Petition for Leave to Intervene.Reasonable Opportunity to Respond to Util Not Provided.W/Certificate of Svc

ML20126M608
Person / Time
Site:	Pilgrim
Issue date:	07/27/1985
From:	Doherty J DOHERTY, J.F.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#385-021, CON-#385-21 OLA, NUDOCS 8508010426
Download: ML20126M608 (2)

Text

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UNIfdD ST423d CF AMr?RICA July 27,1985 NUCLZAR RESULafCRI Coli.lIS JION BEFORE THE ATCIiIC SA322Y A:!D LICiNSING APPZAL 20ARD In the Matter of: g 30STJN EDISON UCMPANY usgfD (Pilcrim Nuclear Power Station) Docket No. 50-293gLA N. 3i A10.5i PSTITIO;i2R JOHH F. DOHERTY'S EXCZPTICN TO THE ATOMIC ( SECn %

AND LICBH3ING 30ARD ORDER OF JULY 19, 1985, DISMISSINGHI3#f[c'93fRV/cf R4U23T JOR HEARI.iG AND ?ZTITIDH FOR IdAVE TO INTERVZNE John F. Doherty, of 313 Summit Ave., Apartment 7/3, Bri-

.chton, iiass. 02135 (517) 132-3353, Petitioner in the above stvled ,roceeding now timely files this Excention to the Atomic Safety and Licensing Board Order and Memorandum of July 19, 1985 (ASLBP No. 35-510-01 LA) which in effect term-inates his intervention rights in this operating license amendment oroceeding, to the Atomic Safety and Licensing Aopeal Board (members undesignated) cursuant to 10 CFR 2.762(a) of the Commission's Rules of Practice, as authorized by the Concission in 10 CFR ?.735(a). 10 CFR 2.762(a) recuires each excention be stated conciselv, the sin-le error of fact or law which is beine asserted without supporting argunentation.

Excention Petitioner except's to (and thus maintains the Board was in error) the Board issuing its Order and Memorandun of dis-missal of July 19, 4935, without permitting Petitioner a reasonable occortunity to respond to the Apolicant's, "Licen-see's Answer to John F. Doherty's Recuest for a Hearing and Petition for Leave to Intervene," of June 12, 1985, and the Staff's, "NRC Staff Res7cnse to John F. Doherty's Petition for Leave to Intervene," of July 19, '085", and hence it 8508010426 850727 PDR ADOCK 05000293 0

-g-d mu':t permit this opnortunity before issuing an Order dis-missin6 his Fetition for Leave to Intervene.

Resoectfully, 20 ohn F. Doherty, Fe itioner CERTIFICATE OF SERVICE I certif r that cocies of this "FETITIONER JOHli F. DOHER2Y'S EXCsiTIOli TO OHE AT0iiIC S.iFETY alD LICENSI..~G 3 CARD ORDER OF JULY %,1935. DIdMISSING HIS RW;USST FOR HEARIliG AllD FETITION FOR LEAVE TO II'i?B3VEllE" were served on the oersons below via First Class United States Postal Service this _Z7JIIof July, 1955 from Brighton, Massachusetts.

Peter B. Bloch, Chairman' Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Washington, DC 20555 Atomic Safety and Licensing Boaro U.S. Nuclear Regulatory Comission Mr. Gustave A. Linenberger, Jr. Washington, DC 20555 Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Comission Board Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Dr. Jerry Harbour Administrative Judge Docketing and Service Sectior.

Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 R. K. Gad III, Esq. Gregory Allan Berry, Esq.

Ropes & Gray Staff Counsel 225 Franklin Street U. S. NuclearDp.culatory Comn.

Boston, MA 02110 nashington, 20555 hohaF.Doherty

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