ML20127A069

Order Treating Air & Water Pollution Patrol 850726 Improperly Filed Notice of Appeal as Filed Before Appeal Board.Graterford Inmates 850725 Request for Stay Re 850726 Appeal Denied.Served on 850801

ML20127A069
Person / Time
Site:	Limerick
Issue date:	08/01/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	AIR AND WATER POLLUTION PATROL, GRATERFORD INMATES
References
CON-#385-066, CON-#385-66 NUDOCS 8508050388
Download: ML20127A069 (2)

Text

bdfD b UNITED STATES OF AMERICA AUG -11985 NUCLEAR REGULATORY COM?iISSIOM ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

00LKETED Christine M. Kohl, Chairman August ffY985 Gary J. Edles Dr. Reginald L. Gotchy 15 AE -1 P3 :f7

) 0FFICE OF SECREIAh

In the Matter of 00CKETI'1G ~ 1ERV!Cf.

) BRANCH

)

PHILADELPHIA ELECTRIC COMPANY ) Docket Mos. 50-352 OL

) 50-353 OL (Limerick Generating Station, )

Units 1 and 2) )

)

ORDER

1. On July 26, 1985, intervenor Air and Water Pollution Patrol (AWPP) filed a notice of appeal from the Licensing Board's fourth partial initial decision, L3P-85-25, 22 NRC __ (July 22, 1985). Although AUPP improperly filed its appeal with the Licensing Eoard, we will treat it as though it were filed before us. We also note that AWPP has, in effect, already filed its brief on the merits along with the notice of appeal.

2. On July 25, the inmates of the State Correctional Institution at Graterford, Pennsylvania, appealed the same Licensing Board decision. The last line of the notice of appeal requests "all proceedings be stayed pending resolution of this Appeal. . . . Because the inmates have

~

failed to address any of the stay criteria set forth in 10 C.F.R. S 2. 788 (e) , the request for stay is sunmarily denied.

8500050388 850001 PDR ADOCK 05000352 O PDR ( ,eJO1 e

Y;_ ,

2 10 C.F.R. S 2.788 (b); Public Service Co. of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-493, 8 NRC 253,-270-71 (1978).

It is so GRDERED.

FOR THE APPEAL BOARD b.Ow4 C. JQn Sh6emaxer Secretary to the Appeal Board D