ML20132E197

Order Extending Time for Jf Doherty to File Brief in Support of Appeal from 850719 Order to 850814.Served on 850801

ML20132E197
Person / Time
Site:	Pilgrim
Issue date:	07/31/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	BOSTON EDISON CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#385-042, CON-#385-42 OLA, NUDOCS 8508010736
Download: ML20132E197 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPPAL PANEL Alan S. Rosenthal, Chairman July 31;g4SS5 ti%c

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In the Matter of ) '85 A% -1 A11 :03

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BOSTON EDISON COMPANY ) Docket No. 39--29) 3O g g,,

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, (Pilgrim Nuclear Power Station) ) Buh3

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ORDER In a July 19, 1985 order (unpublished), the Licensing Board dismissed (i.e., denied) the request for hearing and petition for leave to intervene filed by John F. Doherty in this operating license amendment proceeding. The order concluded with the representation that it was subject to appeal in accordance with the provisions of 10 CFR 2.762.

In apparent reliance on that representation, on July 27 Mr.

Doherty filed a notice of appeal which invoked Section 2.762.1 The Licensing Board's reference to Section 2.762 was in error. That cection has no application to appeals from the denial of petitions for leave to intervene and/or requests 1

In actuality, relying upon an earlier version of 10 Crn 2.762, Mr. Doherty filed an " exception" to the July 19 order. lie obviously was not aware that the section was amended, offective December 19, 1983, to substitute, in inntancon where the section is applicable, the filing of a notien of appeal for the submission of exceptions. See 48 Fod. Reg. 52,282, 52,285 (1983).

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for hearing. Rather,'such appeals are explicitly governed by the provisions of 10 CFR 2.714a. In light of chose provisions, Mr. Doherty was required to file a supporting brief along with the notice of appeal.2 Because he was misled by the Licensing Board's inadvertent error in its description of his appellate rights, Mr. Doherty must now be given an additional period of time within which to file the brief in support of his appeal from the July 19 order. That brief is to be filed and served on or before August 14, 1985.

It is so ORDERED.

FOR THE APPEAL PANEL CHAIRMAN

0. 4 2,, b C. Jeaq Sho6 maker Sacretary to the Appeal Panel This action was taken by the Appeal Panel Chairman under the authority of 10 CFR 2.787 (b) .

2 In the instance of appeals properly taken under the provisions of'Section 2.762, the' supporting brief must be '

filed within 30 days (40 days if the NRC staff is the appellant) after the filing of the notice of appeal.