ML19220A418
| ML19220A418 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/03/1978 |
| From: | Duflo M NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| NUDOCS 7904170572 | |
| Download: ML19220A418 (5) | |
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NCCLEAR PEGULATOPY CC?'PISSION g
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Alan S.
Rosenthal, Chairman
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Jercre E. Sharfman w
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In the "atter of
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- CTROPOLITAN EDISCN COMPANY, et al.
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Decket ::c. 50-320
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(Three ? tile Island Nuclear Staticn,
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Unit No. 2)
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ORDER January 3, 1975 The Joint Intervenors have filed a notion for a stay of the initial decision rendered by the Licensinc Board on December 19, 1977 in this operating license / environmental review preceeding involving Unit 2 of the Three :lile Island
-ucleer Station.
L3P-77-70, 6 NRC The motion is said to be based en the exceptions which those intervenors have filed tc the initial decision.
The intervencrs also recuest a fifteen day extensien of the time provided in 10 CFR 2.762(a) for the filing of the brief in support of their exceptions.
The motion for a stay is patently deficient.
"The criteria which centrol cur decision [cn a stay motioni are a,
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. the familiar four set out in Vircinia Petroleum Jobbers Ass'n.
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Federal Power Commission, 259 F.2d 921, 925 (D.C. Cir.
1958) and now formally embodied in the Commission's rules.
10 CFR 32.788(e), 42 Fed. Reg. 22123, 22130".
Public Service Co. of Indiana, Inc. (Marble Ifill Nuclear Cencrating Station, Units 1 and 2), ALAB-437, 6 NRC (October 14, 1977); see also Public Service Co. of New Hampshire (Seabrock Station, Units 1 and 2), CLI-77-27, 6 NRC (November 4, 1977).
As stated in Section 2. 783 (e),
those criteria are:
(1) Whether the moving party has made a strong showing that it is likely to prevail on the merits; (2) Whether the party will be irreparably injured unless a stay is oranted; (3) Whether the granting of a stay would harm other parties; and (4) Where the public interest lies.
Yet none of the four is adecuately addressed in the inter-venors' motien here. --1/
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The mere listinc., bv. way of exceptions, of certain alleged errors on the part of the Licensinc Ecard does not constitute a strong shcwing that the intervenors are likely to succeed on the merits of their appeal.
The other three factors are not even mentioned in the motion.
In this connection, as pointed cut in both Marble !!ill and Seabrook, supra,
" irreparable injury" is tne cost crucial factor.
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- In those circumstancec, we might deny the motion summarily.
Because, however, the intervenors are represented by a lay person, we will provide them wi~h an additional eppertunity to address the four factors in a supplemental memorandum.
Any such memorandun must be filed and served by mailing ne later than January 13, 1973.
The request for a briefing extension is granted and the time for the filing of the intervenors' brief in support of their exceptions is accordingly extended to and includinc January 30, 1978.
It is so CRDERED.
FOR THE ATOMIC SAFETY AND LICENSI:;G APPEAL 30ARD
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Margaret E.
Du Flo Secretary to the Appeal Scard O
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e UNITED STATES OF A!' ERICA NUCLEAR _CULATCRY CD :':ISS!C::
In the Matter of
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FETROPOL."EAN EDISON COMJANY,
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(Three Mile Island Unit No. 2)
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CERTIFICATE OF SER'?!CC I hereby certify that I have this day served the foregoing document (s) upon each person designated on the of ficial service list cc= piled by the Office of the Secretary of the C :=ission in this proceeding in accordance with the requirements of Section 2.712 of 10 C7R Part 2-Rules of Practice, of the Nuclear Regulatory Coc=tission's Rules and Regulations.
Cated 4: *:a sh ing t on, D.C. this' day of Nd' 197.[.
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w Otfice/of the Secretary of the Cox.phsion e
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UNITED STATES OF AMERICA SUCLEAR REGULATORY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY, TT !.
) Docket No. 50-320 -OL
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(Three Mile I: land Unit No. 2)
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SERVICE LIST Edward Luton, Esq.
Dr. Chauncey P. Kepford 433 Criando Avenue Atomic Safety and Licensing Board U. S. Nuclaar Regu~ atory Com=ission State College, Feansylvania 16801 Washington, D. C. 20555 Mr. Custave A. Linenberger Atomic Safety and Licensing Board Honorable Karin W. Carter U. S. Nuclear Regulatory Co=nission Assistant Attorney General Washington, D. C.
20555 Office of Enforcement Deparr=ent of Environnen al Resources Dr. Ernest O. Salo 709 Health and Welfare Building Ptofessor Harrisburg, Pennsy1.vania I
'O Fisheries Research Institute, WH-10 College of Fisheries Miss Mary V. Southard University of Washington Citi: ens for a Safe Envirrn=ent Seattle, Washington 98195 P.O. Box 405 Harrisburg, Pennsylvania 17108 George F. Trowbridge, Esq.
Shaw, Pite=an, Potts, Trowbridge Govern =ent Publication Section 1300 M Street, N. W.
State Library of Pennsylvania 7s.hington, D. C.
20006 Educacice Building, Box if01 Harrisburg, Pennsylvania 17126 Counsel for NRC : staff U. S. Nuclear Regulatory Co==ission Washington, D. C. 20555 6
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