ML19269C455

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Denies W/O Prejudice NRC Motion for a Preliminary Ruling That Plant Be Designed to Withstand Fires Resulting from non-electrical Causes in Order to Be Licensed
ML19269C455
Person / Time
Site: Black Fox
Issue date: 01/26/1979
From: Wolfe S
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7902020386
Download: ML19269C455 (2)


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,Q' BEFORE THE ATOMIC SAFETY AND LICENSING BOA

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PUBLIC SERVICE COMPANY OF OKLAHOMA,

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Docket Nos. STN 50-556 ASSOCIATED ELECTRIC COOPERATIVE, INC.,

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STN 50-557 and

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WESTERN FARMERS ELECTRIC COOPERATIVE

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(Black Fox Sta tion, Units 1 and 2)

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ORDER On January 8, 1979, the Staff filed a motion styled NRC Staff Motion for a Preliminary Ruling That the Plant Must Be Designed to Withstand Fires Resulting From Non-Electrical Causes in Order to Be Licensed.

On January 24 the Applicants filed a response to that motion, pointing out, inter alia, that Applicants still plan to present rebuttal testimony on this point, (Applicants ' Response at 1A, 2), and recommending that the Staff's motion be denied without prejudice to its being later resubmitted or incorporated into Staff's proposed findings af ter this record has closed.

The Applicants' point is well taken.

We cannot make such a preliminary finding in the face of Applicants' offer of rebuttal testimony on this subject.

790202o s36

> Accordingly we need not reach the merits of th Motion, (indeed, we can not),

e a ff 's nor do we need to examine wha t the 0::act force and nature of a " preliminary ruling" may be.

The Staff's Motion is denied without prejudice IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING EOARD Sheldon J.

Ife, Ehquire~

Chairman Dated at Bethesda, Maryland this 26th day of January, 1979

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