ML20207E561
| ML20207E561 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/30/1986 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | DEL-AWARE UNLIMITED, INC. |
| References | |
| CON-#187-2070 OL, NUDOCS 8701020207 | |
| Download: ML20207E561 (2) | |
Text
2 o '7 6 UNITED STATES OF AMERICA DKME rg NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENGING APPEAL B0689 OtC 31 gl as Administrative Judges:
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Christine N. Kohl, Chairman DecemEdEIkD;;,19864[
Gary J. Edles 4'
Howard A. Wilber
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SERVED DEC 311986 In the Matter of
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PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352 OL
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50-353 OL (Limerick Generating Station,
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Units 1 and 2)
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ORDER On December 23, 1986, Del-AWARE Unlimited, Inc., filed a Notice of Appeal from the Licensing Board's November 14, 1986, Memorandum and Order (served on November 17) dismissing a motion to reopen filed by Del-AWARE.
On its face, the Notice of Appeal appears to be untimely.
Under the Commission's Rules of Practice, this appeal should have been filed (i.e., deposited in the mail) no later than December 2.
See 10 C.F.R. SS 2.762 (a), 2.710, 2.701(c).
The Notice states, however, that Del-AWARE did not receive the Licensing Board's Memorandum and Order until December 18.
Our review of the Commission's records, maintained by the Office of the Secretary, supports this.
Del-AWARE's counsel was inadvertently dropped from the official service list for this proceeding and Del-AWARE was not served with 870102@@@[$$o$$052 SC '
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the Board's order.
In the circumstances, we will treat Del-AWARE's notice of appeal as timely.
See Nuclear Engineering Co. (Sheffield, Illinois, Low-Level Radioactive Waste Disposal Site), ALAB-606, 12 NRC 156, 160 (1980) (time limits for filing appeals are not jurisdictional).
It is so ORDERED.
FOR THE APPEAL BOARD
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C. J@n Shoemaker SecrMary to the Appeal Board 1 Del-AWARE's counsel is now included again on the Commission's official service list.
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