ML20135H857

Order Allowing Ocre to Resubmit Motion for Stay Pendente Lite of Effectiveness of Inter alia,850903 Decision,In Legible Form No Later than 850927.Served on 850923

ML20135H857
Person / Time
Site:	Perry
Issue date:	09/23/1985
From:	Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
CON-#385-578 OL, NUDOCS 8509240306
Download: ML20135H857 (2)

Text

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em:Ha JNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION T5 SEP 23 P3:22 ATOMIC SAFETY AND LICENSING APPEAL BOARD

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Administrative Judges: VFi'fT 00Cd i% 5 SEPVir r BRANCH Alan S. Rosenthal, Chairman September 23, 1985 Dr. W. Reed Johnson Howard A. Wilber SERVED SEP 2 31985

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In the Matter of )

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THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 OL ILLUMINATING CO. _E_T _A_L. ) 50-441 OL

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(Perry Nuclear Power Plant, )

Units 1 and 2) )

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ORDEh Intervenor Ohio Citizens for Responsible Energy (OCRE) has filed a notice of appeal from the Licensing Board's September 3, 1985 Concluding Partial Initial Decision on Emergency Planning, Hydrogen Control and Diesel Generators and certain earlier interlocutory orders. That notice was accompanied by a motion for a stay pendente lite of the effectiveness of, inter alia, the September 3 decision.

Unfortunately, the motion is virtually illegible. For this reason, as OCRE's representative was advised by telephone this morning, the motion has been rejected. If it so

' desires, OCRE may resubmit the motion in legible form no l l

1 LBP-85-35, 22 NRC .

8509240306 850923 PDR ADOCK 05000440 .

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later than September 27, 1985. Should it do so, the time for the submission of responses will commence to run upon such filing.2 It is so ORDERED.

FOR THE APPEAL BOARD 1J . $_ d

"" Barbara A. Tompkins' Secretary to the Appeal Board Dr. Johnson did not participate in this order.

2 One of the difficulties with OCRE's motion is the size of the type employed (the other difficulty being the lack of clarity of the print). It appears from the telephone conversation today between OCRE's representative and the Secretary to this Board that the type size was selected in order to ensure that the motion would~not exceed the ten-page limit prescribed by 10 CFR 2.788 (b) .

Considerations of that kind cannot serve, however, to justify the resort to type requiring the employment of a magnifying glass by the reader.