ML17138B318
| ML17138B318 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 05/16/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Environmental Coalition on Nuclear Power, Atomic Safety and Licensing Board Panel |
| References | |
| CLI-80-17, NUDOCS 8005220405 | |
| Download: ML17138B318 (2) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COfiHISS ION
+~/~
P COMMISSIONERS:
John F. Ahearne, Chairman Victor Gil insky Richard T.
Kennedy Joseph M. Hendrie Peter A. Bradford DOCK.:.Ti9 8
MAY 1 6 i980 >
Office of the Secretery pocfretinf, 4 Service 0)
In the Hatter of PENNSYLVANIA POWER AND LIGHT CO.,
et al.
(Susquehanna Steam Electric Station, Units 1 and 2)
Docket Nos.
50-387 50-388 ORDER (CLI-80-17)
The Commission has received and evaluated the Environmental Coalition on Nuclear Power's-(ECNP)
"Request to the NRC Commissioners for Expedited Con-sideration of Actions of an Atomic Safety and Licensing Board and Other h
Matters."
That request seeks the Commission's involvement in the Susquehanna licensing proceeding with respect to the entry of discovery protective orders, disqualification and reconstitution of the Licensing Board, and other similar relief.
Because the Commission does not believe that there are such excep-tional circumstances which warrant the extraordinary involvement of the Com-mission at this stage of the proceeding, the Commission declines to act on the request but refers the matter to the Atomic Safety and Licensing Appeal Board for appropriate action.
The Commission's Rules of Practice contemplate that requests for relief, such as those in ECNP's filing, be directed to the Appeal Board, which functions
as, the Commission's delegate for these matters.
In appro-priate circumstances, that Board may stay the effect of Board decisions, 10 CFR 2.788, and may act on disqualification motions, 10 CFR 2.704.
The Appeal Board may also consider whether a basis exists for interlocutory re-view and appropriate relief.
Pu et Sound Power and Li ht Co. (Skagit Nuclear Power Project),
ALAB-572, 10 NRC 693, 695 n.5 (1979).
Accordingly, the Commission refers ECNP's filing, together with the responses filed by the applicant and NRC staff, to the Appeal Board for appropriate action."
It is so ORDERED.
'or the Commission Dated. at Washington, DC, this 16thday of Play 1980 SAMUEL J.. CH(LK Secretary of the Commission Section 201 of the Energy Reorganization Act, 42 U.S.C.
5841, provides that action of the Commission shall be determined by a "majority vote of the members present."
,Commissioners Gilinsky and Kennedy were not present at the meeting at which this Order was approved.
Had they been present, they would have. voted to approve this Order.
Accordingly, the formal vote of the Commission is 3-0.