ML19318B478

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Memorandum & Order Advising That Sterling Issue Is No Longer Germane to Consolidated Proceedings Where Radon Issue Is Being Determined.Ecology Action Cause for Late Intervention Must Be Filed by 800702
ML19318B478
Person / Time
Site: Peach Bottom, Hope Creek, Sterling, Crane  
Issue date: 06/23/1980
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
ECOLOGY ACTION OF OSWEGO, METROPOLITAN EDISON CO., Public Service Enterprise Group
References
NUDOCS 8006260209
Download: ML19318B478 (3)


Text

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I UNITED STATES OF AMERICA 9

4 NUCLEAR REGULATORY COMMISSION Docanes 3

ATOMIC SAFETY AND LICENSING APPEAL BOARD USNRC Ub JUN 2 319e0 u2.

4 Alan S.

Rosenthal, Chairman

- Offi:e ef Dr. John H. Buck Uccketh f/Cretary f

Bran:3 #* 8 6

Dr. W. Reed Johnson O

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In the Matters of

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PHILADELPHIA ELECTRIC COMPANY, et al. )

Docket Nos. 50-277

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50-278 (Peach Bottom Atomic Power Station,

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Units 2 and 3)

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METROPOLITAN EDISON COMPANY, _e_t _a_l.

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Docket No. 50-320

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(Three Mile Island Nuclear Station,

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Unit No. 2)

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PUBLIC SERVICE ELECTRIC AND GAS CO.

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Docket Nos. 50-354

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50-355 (Hope Creek Generating Station,

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Units 1 and 2)

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ROCHESTER GAS AND ELECTRIC

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Docket No. STN 50-485 CORPORATION, _e t _al.

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(Sterling Power Project, Nuclear

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Unit 1)

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MEMORANDUM AND ORDER June 23, 1980 We held an evidentiary hearing at the end of February on the generic radon issue presented in these four conri;.id-ited licensing proceedings.

Among the active partici',tret? in that hearing was Ecology Action of Oswego, an intertenor 2r. the 6

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I Sterling proceeding.

Ecology Action has just filed its post-hearing submission -- two days late. b[

The Sterling proceeding has now been terminated.

See ALAB-596, 11 NRC (June 17, 1980). 2/

For that reason, it is no longer among the consolidated proceedings in which the radon issue is being heard'and determined.

Accordingly, it will not appear in the caption of any future decisions or orders pertain-ing to that issue.

At the same time, however, we are prepared to allow Ecology Action to continue to participate in the adjudication of the issue in the same manner and to the same extent as if it had been a party to one of the other three remaining proceedings.

Nonetheless, we cannot accept its June 20 submission without an explanation for its lateness.

That explanation, in the form of a motion for leave to. file the submission out-of-time, should be mailed no later than July 2, 1980. 1/

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Onder the schedule established by our March 7 order, the

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submissions of all intervenors were due on May 28, 1980.

L By order of May 28, the deadline was extended to June 18.

Ecology Action's papers were dated June 20.and were actu-ally mailed on that date.

(The submission of the other intervenors, York Committee for a Safe Environment and Citizens for a Safe Environment, was timely. filed.)

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The applicants in that proceeding requested termination on the ground that, by reason of the action of a New York-state agency, they have discontinued the Sterling project.

In granting the request, we instructed the Director of Nuclear Reactor Regulation to revoke the project's con-struction permit.

ALAB-596, supra, 11 NRC at (slip opinion, p. 5.

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Under.the revised schedule, the NRC staff's post-hearing t

submission'is now due on: July 3.

We are leaving that deadline intact.

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It is so ORDERED.

FOR THE APPEAL BOARD

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C. Jeg Bishop Secretary to the Appeal Board i

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Dr. Johnson did not participate in this order.

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