ML19294B216
| ML19294B216 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 02/20/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| ALAB-573, NUDOCS 8002270574 | |
| Download: ML19294B216 (2) | |
Text
CLI 3 UNITED STATES OF AMERICA flVCLEAR REGULATORY C0ftt11SSION C0f t!11SSIONERS:
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John F. Ahearne, Chainnan
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Victor Gilinsky d
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Joseph ti. Hendrie 4
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In the Matter of PUBLIC SERVICE C0. OF OKLAH0ftA, Docket Nos. STN 50-556
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STN 50-557
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(Black Fox Station, Units 1 and 2)
ORDER The Appeal Board in ALAB-573 has certified to the Commission for its consideration the question:
Where routine radioactive emissions from a nuclear power plant will be kept "as low as is reasonably achievable" in accordance with 10 CFR Part 50, Appendix I, is litigation of the health effects of those emissions in an adjudicatory proceeding involving initial licensing barred by 10 CFR 2.758 as an impermissible attack on Commission regulations?
In view of the important legal and policy considerations underlying this proposition as outlined by the members of the Appeal Board in ALAB-573,10 NRC (December 7,1979), the Commission has accepted the certified ques-tion.
The parties to the Black Fox proceeding are directed to file written views on this question no later than 30 days after the date of this order.
If the Connission desires reply briefs and/or oral discussion, they will be the subject of a subsequent order. The motion for leave to file a brief amicus curiae by the Texas Utilities Generating Company is granted and that brief should be filed no later than 45 days after the date of this order.
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2 Other interested persons shall be pemitted to file a brief amicus curiae no later than 45 days after the date of this order.
Persons, whose views or interests are similar, are strongly encouraged to file jointly.
No late filings amicus curiae will be accepted.
The Appeal Board in ALAB-573 also ordered the NRC staff to file a state-ment of their position on the consideration of Class 9 events in the Black Fox proceeding and allowed other parties to submit their views within thirty days of the staff filing.
The staff has complied and the other parties were entitled to comment on that position by February 6,1980.
In order to accom-modate that schedule, the time within which the Commission may act to review or to address the issue in ALAB-573 captioned " Consideration of ' Class 9 Accidents'd is extended until flarch 21, 1980.
See ALAB-573,10 NRC, suora at
- slip op, at 27.
The parties are infomed that the Commission will not act to review any other issue raised in ALAB-573.
It is so ORDERED.
For the CommisO on A
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SAflUEL J. ClilLK
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SecretaryofthdCommission Dated atgashington, DC, this
" day of February, 1980.
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