ML20129F850

Memorandum & Order Denying Graterford Inmates 850711 Appeal of ASLB 850702 Order Re Emergency Planning Contentions. Appeal Interlocutory.Appeal Permitted from Board Final Order.Served on 850715

ML20129F850
Person / Time
Site:	Limerick
Issue date:	07/15/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	GRATERFORD INMATES
References
CON-#385-812 OL, NUDOCS 8507170475
Download: ML20129F850 (2)

Text

j[ UNITED STATES OF AMERICA 00LKETED USMC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD '85 Jtt 15 P3:27 Administrative Judges: GFFICE OF SEC Eit,n 00CXETmG & SERvir.f.

Christine N. Kohl, Chairman July 15,3[$ @

Gary J. Edles Dr. Reginald L. Gotchy In the Matter of

)

PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352 OL

) 50-353 OL (Limerick Generating Station, )

Units 1 and 2) )

)

, ' ZGMORANDUM AND ORDER The inmates of the State Correctional Institution at Graterford, Pennsylvania -- intervenors in this operating license proceeding -- have appealed from the Licensing Board's July 2, 1985, order (unpublished). In that order, the Board essentially denied reconsideration of an earlier order (issued June 12, 1985) in which it admitted some of the inmates' emergency planning contentions and rejected others.

The inmates' July 11, 1985, appeal is interlocutory and therefore not permissible under the Commission's Rules of Practice. See 10 C.F.R. S 2.730 (f); Texas Utilities Generating Co. (Comanche Peak Steam Electric Station, Units 1 and 2), ALAB-599, 12 NRC 1 (1980). Whether the Licensing Board erred in rejecting one or more of the inmates' contentions can be raised on appeal from the Board's final order.

8507170475 850715 PDR ADOCK 05000352 Q PDR GE

2 Appeal dismissed.-

It is so ORDERED.

FOR THE APPEAL BOARD l

C. 0 a k .,, A b C. gan Shoemaker Secretary to the Appeal Board 8