ML20215K966

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Order.* Directs TMI Alert to Show Cause Why Appeal Should Not Be Dismissed Due to Untimeliness.Served on 870506
ML20215K966
Person / Time
Site: Crane Constellation icon.png
Issue date: 05/05/1987
From: Tompkins B
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
THREE MILE ISLAND ALERT
References
CON-#287-3374 CH, NUDOCS 8705120051
Download: ML20215K966 (2)


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~33 00LMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g

ATOMIC SAFETY AND LICENSING APPEAL BOARD OFFILE D _:..e Mr 3 Administrative Judges:

00CKlill:G A 5! Pvict BRANCH Alan S. Rosenthal, Chairman May 5, 1987 Thomas S. Moore-Howard.A. Wilber SERVED h&4Y -61987

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In the Matter of

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GENERAL PUBLIC UTILITIES NUCLEAR

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Docket No. 50-289 (CH)

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(Three Mile Island Nuclear

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Station, Unit No. 1)

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ORDER On April 30, 1987, intervenor Three Mile. Island Alert (TMIA) filed a notice of appeal'from the April 2, 1987 initial decision of the Administrative Law Judge in this special proceeding involving Charles Husted.

The notice was ten days' late.

The initial decision was served on TMIA's representative by mail on April 3.

Accordingly, the deadline for the filing of the notice of appeal was April 20.

See 10 CFR 2.762 (a), 2.710.

1 ALJ-87-3, 25 NRC 2 On April 17, Mr. Husted filed his notice of appeal.

8705120051 870505 9'

{DR ADOCK 05000289 (70 L.

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TMIA is directed to show cause in a memorandum filed and served no later than May 15, 1987, why its appeal should not be dismissed as untimely.

That showing shall include not only an explanation for the failure to have filed its notice of appeal by the prescribed deadline, but also a 1brief statement of the grounds upon which TMIA proposes to challenge the April 2 initial decision.

It is so ORDERED.

FOR THE APPEAL BOARD N

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.e Barbara A. Tompkins Secretary to the Appeal Board 3 Although the time limits established by the Rules of Practice for the filing of appeals from the decisions and orders of Licensing Boards and Administrative-Law Judges are not jurisdictional, "our general policy has been to enforce them strictly."

Nuclear Engineering Co. (Sheffield, Illinois, Low-Level Radioactive Waste Disposal Site),

ALAB-606, 12 NRC 156, 160 (1980), citing Iowa Electric Light

& Power Co. (Duane Arnold Energy Center), ALAB-108, 6 AEC 195 (1973).

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