ML20135E446
| ML20135E446 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 09/11/1985 |
| From: | Lodge T LODGE, T.J., SUNFLOWER ALLIANCE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#385-491 OL, NUDOCS 8509160398 | |
| Download: ML20135E446 (3) | |
Text
-x-YR\\ N TJL/bjk 1: cc September 11, 1985 00LKETED "SNRC UNITED STATES OF AM " C'ho 13 A11 :23 NUCLEAR REGULATORY COL S9 WIN Before the Atomic Safety and Licensing Appeal Board GFFict J; EECh 00CitimG & SEHW In the matter of:
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Docket Njp ANC$0-440(OL)
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50-441(OL)
CLEVELAND ELECTRIC ILLUMINATING
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COMPANY, et-~ al.
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(Perry Nuclear Power Plant, Units )
1 and 2)
)
)
)
SUNFLOWER'S NOTICE OF APPEAL AND EXCEPTONS TO MEMORANDUM AND ORDER CONCERNING ADMISSIBILITY OF CONTENTIONS ON EMERGENCY PLANS AND MOTION TO DISMISS, AND PARTIAL INITIAL DLCISION Now comes Sunflower Alliance, Inc.,
(" Sunflower"). Intervenor herein, by and through counsel, and pursuant to 10 CrR $2.762, takes exception to the January 11,1985 " Memorandum and Order (Admissibility of Contentions on Emer-gency Plans and Motion to Dismiss)," the " Erratum (Emergency Planning Contention)"
issued January 15, 1985; and those portions of the " Concluding Partial Initial Decision on Emergency Planning, Hydrogen Control and Diesel Generators" dated September 4, 1985 which pertain to emergency planning.
In support of its exceptions, Sunflower states that tha Atomic Safety and Licensing Board was without procedural authority to entertain a motion to dismiss at the stage of the proceeding at which it dismissed certain contentions.
Further, Sunflower states that the decision excluding particularized contentions D,E,F K,L,N, R, S,T,V,W, X, Y, AA, EE, FF, HH, II, KK and LL from this proceeding was made against the manifest weight of the evidence and contrary to substantive and procedural law.
Further, Sunflower Alliance states that the Licensing Board's pr2Wa B%h m503 m
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" Concluding Partial Initial Decision on Emergency Planning" was made contrary to the weight of the evidence and substantive and procedural law which is applicable to this proceeding.
WilEREFORE, Sunflower prays the Atomic Safety and Licensing Appeal Board to hear these exceptions on their merit briefs, and upon such deliberations, to reverse the Atomic Safety and Licensing Board's determinations in all respects.
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7eFr y Jonathan Logige 61 N. Michigan Street t
Sul e 105 Toledo, Ohio 43624 Phone: (419) 755-7552 Counsel for Sunflower Alliance, Inc.
CERTIFICATION This is to certify that a copy of the foregoing " Notice of Appeal andExceppions,etc."wassentbymeviaregularU.S. Mail,postageprepaid,
/ iI day of September, 1985, to all parties on the accompanying " Service this List".
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} 42 [yJonathanLodge/
Counsel for Sunflower Alliance, Inc.
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SERVICE LIST Peter B. Bloch, Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn O. Bright Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Colleen P. Wocxthead, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 s
Jay Silberg, Esq.
1800 M Street. N.W.
Washington, D.C.
20036 Atomic Safety and Licensing Appeal Board Panet U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Susan L. Hiatt 3275 Munson Road Mentor, Ohio
% 060 Christine N. Kohl, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nucicar Regulatory Commission Washington, D.C.
20555 Gary J. Edles, Esquire Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20535