ML20214Q321
| ML20214Q321 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 09/18/1986 |
| From: | Doris Lewis GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#386-798 OL, NUDOCS 8609240280 | |
| Download: ML20214Q321 (6) | |
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September 1890G98E USNRC 16 MP 22 P2 :22 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CFFICE Cr CE CJ t %> y 00CK!.HriG 5. SEdVICI.
BRM!C" BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
GEORGIA POWER COMPANY, et al.
)
Docket Nos. 50-424 (OL)
)
50-425 (OL)
(Vogtle Electric Generating Plant, )
Units 1 and 2)
)
APPLICANTS' MOTION TO STRIKE NOTICE OF APPEAL OF CAMPAIGN FOR A PROSPEROUS GEORGIA Georgia Power Company et al.
(" Applicants") hereby move the Atomic Safety and Licensing Appeal Board to strike the Notice of Appeal filed in this proceeding on September 8 by Campaign for a Prosperous Georgia (CPG).
CPG is no longer a party to this pro-ceeding and has no right to appeal.
At the advent of this licensing proceeding, the Atomic Safe-ty and Licensing Board admitted two intervenors: Georgians Against Nuclear Energy (GANE) and CPG.
LBP-84-35, 20 N.R.C.
- 887, 916 (1984).
Since GANE's and CPG's admitted contentions were identical (see id.), the Licensing Board, with the concurrence of
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4 the intervenors, consolidated CPG and GANE.
Letter from L. Fowler, Counsel for CPG /GANE, to the ASLB (Sept. 27, 1984)-
ASLB Memorandum and Order (Nov. 5, 1984).
l Following discovery and summary disposition, the Licensing Board scheduled hearings on the remaining contentions.
At the outset of these hearings, CPG's Executive Director (Mr. Tim Johnson) castigated the Licensing Board and hearing process.
Tr.
229-240.
Describing the proceeding as a " sham", a " hoax," and a
" dog and pony show," Mr. Johnson announced that CPG would not participate further in the proceeding.
Tr. 240.
Upon Apoli-i cants' request for clarification, Intervenors confirmed that CPG had withdrawn from the proceeding, and the Licensing Board ruled c
that CPG will no longer be considered as a party to the proceed-ing.
Tr. 246-47.
See also ASLB Partial Initial Decision (Aug.
27, 1986) at 5.
GANE elected to remain a party and participated in the hearing.1!
Tr. 241-44.
CPG has not participated in the proceeding since its withdrawal.
It is beyond cavil that a non-party may not appeal a Licens-ing Board decision.
Duke Power Co. (Perkins Nuclear Station, Units 1, 2 and 3), ALAB-433, 6 N.R.C.
469 (1977); Consolidated i
1/
GANE has filed a separate appeal in this proceeding.
See Notice of Appeal and Amendment to Service List (Sept.
8, 1986)..
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Edison Co. of New York, Inc. (Indian Point Station, Unit No. 2),
ALAB-369, 5 N.R.C.
129 (1977); Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2), ALAB-294, 2 N.R.C.
663, 664 (1975); Public Service Electric & Gas Co. (Hope Creek Generating station, Units 1 and 2), ALAB-251, 8 A.E.C.
- 993, 994 (1974), Tennessee Valley Authority (Bellefonte Nuclear Plant, Units 1 and 2), ALAB-237, 8 A.E.C. 654 (1974).
Under the Commis-sion's Rules of Practice, only a party may take an appeal.
10 C.F.R. 5 2.762.
This principle is not only embodied in NRC regulation and
,i precedent, but is also a fundamental precept of administrative law.
To perfect a right of review requires not merely initiating and participating in an administrative proceeding, but pursuing i
the process to its appropriate conclusion.
Coy v. Folsom, 228 F.2d 276, 280 (3d Cir. 1955), citing Aircraft & Diesel Equipment Corp. v. Hirsh, 331 U.S.
752, 767 (1947).
It is not enough that a party takes initial steps and then abandons the process.
Jordan v.
U.S.,
522 F.2d 1128, 1132 (8th Cir. 1975).
CPG's voluntary withdrawal from this proceeding terminated l
l its party status and right to appellate review.
Accordingly, i
CPG's Notice of Appeal is an improper submittal of a non-party l
and should be stricken.
See Tennessee Valley Authority I - - - -
(Hartsville Nuclear Plant, Units lA, 2A, 1B and 2B), ALAB-409, 5 N.R.C.
1391, 1396-97 (1977).
The Appeal Board should entertain only the separate appeal filed by GANE.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE
,1 Bruce W.
Churchill, P.C.
David R. Lewis Counsel for Applicants Dated: September 18, 1986 I - _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _.
00LKETED USNFC September.18, 1986 16 EP 22 P2 :23 0FFICE OF u,_n t ! An r UNITED STATES OF AMERICA 00CMEDNG ' 9 PVfCf BRANCH NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD I
In the Matter of
)
)
GEORGIA POWER COMPANY, et al.
)
Docket Nos. 50-424 (OL)
)
50-425 (OL)
(Vogtle Electric Generating Plant, )
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion to Strike Notice of Ap' peal of Campaign for a Prosperous Georgia,"
dated September 18, 1986, were served upon those persons on the attached Service List by deposit in the United States mail, post-age prepaid, this 18th day of September, 1986.
l David R. Lewis Dated: September 18, 1986 l
A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
)
GEORGIA POWER COMPANY, et al.
)
Docket No. 50-424 l
)
50-425 (Vogtle Electric Generating Plant,
)
Units 1 ar.d 2)
)
SERVICE LIST
\\
l Gary J. Edles, Chairman Bernard M. Bordenick, Esquire i
Atomic Safety and Licensing Office of the Executive Appeal Board Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Christine N. Kohl Atomic Safety and Licensing Bradley Jones, Esquire Appeal Board Regional Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission 101 Marietta Street, Suite 3100 Howard A. Wilber Atlanta, GA 30303 Atomic Safety and Licensing Appeal Board Danny Feig U.S. Nuclear Regulatory Commission 1130 Alta Avenue Washington, D.C.
20555 Atlanta, GA 30307 Morton B. Margulies, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory l
U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Gustave A. Linenberger Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 I
Dr. Oscar H.
Paris Docketing and Service Section Atomic Safety and Licensing Office of the Secretary I
Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission j
Washington, D.C.
20555 Washington, D.C.
20555 Carol Stangler 425 Euclid Terrace Atlanta, GA 30307 i
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