ML20138C888

Order Cancelling 851024 Oral Argument Based on Ucs & TMI Alert Withdrawal of Appeals of ASLB 850503 & 0819 Partial Initial Decisions Re Licensed Operator Training & Dieckamp Mailgram,Respectively.Served on 851022

ML20138C888
Person / Time
Site:	Three Mile Island
Issue date:	10/21/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
CON-#485-870 SP, NUDOCS 8510230087
Download: ML20138C888 (2)

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\ @Llik UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f s' kf Y

ATOMIC SAFETY AND LICENSING APPEAL OARD()g ~o ~ , 0956 j -

g Administrative Judges: ,

ti,:,;y!gnas

~ct.dh'Clf Gary J. Edles, Chairman October 1,,7 1985* .g Dr. W. Reed Johnson 27 5 Christine N. Kohl

)

In the Matter of' ) SEWED 007 22190

)

METROPOLITAN EDISON COMPANY, ) Docket No. 50-289 SP ET AL. ) (Management Phase)

)

(Three Mile Island Nuclear )

Station, Unit No. 1) ).

)

ORDER On May 3 and August 19, 1985, the Licensing Board issued partial initial decisions (PID) dealing with, respectively, licensed operator training and the so-called Dieckamp mailgram.1 Both decisions were issued in response to our remand in ALAB-772.2 Intervenors Three Mile Island Alert, Inc. (TMIA), and the Union of Concerned Scientists (UCS) filed timely appeals from the Board's PID on training and, following the submission of briefs, we scheduled oral argument for October 24, 1985. TMIA also appealed the Dieckamp mailgram PID, but has not filed a brief.

1 LBP-85-15, 21 NRC 1409; LBP-85-30, 22 NRC _.

See 19 NRC 1193 (1984), rev'd in part on other grounds, CLI-85-2, 21 NRC 282 (1985). In CLI-85-9, 21 NRC 1118 (1985), the Commission lifted the order directing that (Footnote Continued) h DOC DR nsor

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2 UCS and TMIA have now withdrawn their appeals of these partial initial decisions.3 'Accordingly, the October 24 oral argument is cancelled. All that remains for our consideration with regard to these decisions is such sua sponte review as may be appropriate. It is currently uncertain when that review will be completed. For this reason, the decisions in question are not to be deemed final, pending further order of this Board.

The oral argument now scheduled for October 24, 1985 is cancelled.

It is so ORDERED.

FOR THE APPEAL BOARD C .b hb ,; Ah C. JQ n Shoemaker Secretary to the Appeal Board (Footnote Continued)

Unit I remain shut down and permitted resumption of operations. That decision was recently affirmed. Three Mile Island Alert, Inc. v. NRC, 771 F.2d 720 (3d Cir. 1985).

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. See UCS Notice of Withdrawal of Appeal (October 8, 1985); Letter to Appeal Board from Joanne Doroshow (October 8, 1985). In response to a telephone call from this Board concerning who was to represent TMIA at the October 24 argument, Ms. Doroshow advised us, on October 15, that TMIA was also withdrawing its appeal from LBP-85-15 and would promptly submit a letter to that effect. Because we had not yet received the promised letter by October 18, we again contacted Ms. Doroshow by phone and she confirmed that TM1A was withdrawing its appeal. Although we have still not received written confirmation, we are acting in reliance on TMIA's oral representations.

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