ML19260C673
| ML19260C673 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 12/27/1979 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 8001080284 | |
| Download: ML19260C673 (2) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
\\ N' pt s
/V-ATOMIC SAFETY AND LICENSING APPEAL BOARD
_j
,al
,,;u a Alan S.
Rosenthal, Chairman Y
3'I Ocg10 Dr. John H. Buck 6
gj'1, Michael C. Farrar
- ?A*h 9
)
In the Matter of
)
)
CAROLINA POWER AND LIGHT COMPANY
)
Docket Nos. 50-400
)
50-401 (Shearon Harris Nuclear Power
)
50-402 Plant, Units 1, 2,
3, and 4)
)
50-403
)
ORDER December 27, 1979 In connection with its pending appeal, the NRC staff is directed to file a supplemental memorandum addressed to the significance, if any, of the phrase "or in which the Commis-sion finds that a hearing is required in the public interest",
as it is employed in 10 CFR 2.104 (a).
Specifically, we are interested in a further development of the staff's views re-specting:
(1)
Whether a licensing board can make such a finding on the Commission's behalf as its delegate.
(2)
If so, whether such a finding with regard to a hear-ing on an operating license application can be made by the-1702 290 8001080 licensing board at the time it acts upon the construction permit application.
(3) If so, whether the challenged condition imposed by the Licensing Board in this proceeding (LBP-79-19, 10 NRC 37, 98 (July 13, 1979)) can fairly be taken as encompassing a finding that a hearing on the operating license applica-tion is required in the public interest (at least on the issue of the applicant's management capability and technical qualifications to operate the Shearon Harris facility).
The supplemental memorandum should be filed no later than January 15, 1980.
It is so ORDERED.
FOR THE APPEAL BOARD b.
A b)
C. Je Bishop
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Secre -ry to the Appeal Board Mr. Farrar did not participate in this order.
o O