ML19329D374

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Memorandum & Order Dissolving Stay of Effectiveness of 720605 Memorandum & Order.Certificate of Svc Encl
ML19329D374
Person / Time
Site: Davis Besse 
Issue date: 06/29/1972
From: Mccool W
US ATOMIC ENERGY COMMISSION (AEC)
To:
US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8003050966
Download: ML19329D374 (4)


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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION COMMISSIONERS:

James R. Schlesinger, Chairman Clarence E. Larson William O. Doub

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IN THE MATTER OF

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TOLEDO EDISON COMPANY AND THE.

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DOCKET NO. 50-346 CLEVELAND ELECTRIC ILLUMINATING COMPANY )

(DAVIS-BESSE NUCLEAR POWER STATION).)

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MEMORANDUM ~AND' ORDER Our Memorandum and Order of June 5,1972, ordered the conduct of further hearings in this proceeding but stayed its effectiveness pending further order of the Commission. On June 27, 1972, the Court of Appeals for the District of Columbia Circuit granted the Commission's motion for a 21-day extension of time within which to return the record of the administrative proceeding to the Court.

The stay of effectiveness of our June 5, 1972, Memorandum and Order is hereby dissolved.

Further hearings shall be conducted by the Atomic Safety and Licensing Board in accordance with our Memorandum and Order of June 5,1972, and the requirements listed below:

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Hearings shall commence no later than July 7, 1972.

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The evidentiary hearing shall be limited to the considera-tions specified in our Memorandum and Order of June 5,1972.

The Licensing Board shall exercise its discretion so as to avoid re-examination of cumulative or repetitive matters.

Upon completion of the hearing record, the Licensing Board shall reitder an initial decision based upon the criteria in 10 CFR Part 50, Appendix D, Section E.2, together with the considerations specified in the remand in Coalition for Safe Nucl ear Power, et al. v. U.S. A.E.C., No. 71-1396, April 7, 1972.

3 The initial decision shall be Issued by the Licensing Board before midnight, July 11, 1972.

4.

Any exceptions to the initial decision shall be filed by telegram no later than midnight of the day following the j

date of issuance of the initial decision.

5 Any exceptions shall be ruled upon by the Atomic Safety and Licensing Appeal Board no later than midnight of the fif th day following the date of the initial decision.

It is so ORDERED.

By the Commission.

.._o V. B. McCool Secretary of the Commission Dated:

June 29,1972 '

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ji UNITED STATES OF AMERICA ATOMIC ENERGY C0feiISSION In the Matter of.

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THE 'IDIEDO EDISON COMPANY, ET AL.

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Docket Ho. 50-346 (Davis-Besse Nuclear Power Station

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Unit 1)

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CERTIFICATE OF SERVICE I hereby certify that copies of (1) MEMORANDUM AND ORDER issued by Comission dated June 29, lW2; (2) NOTICE AND ORDER FDR EVIDENTIARY HFARING issued by I. card dated June 29,1W2; and (3) NOTICE OF APPOINTMENT issued by 29, 1972, in the captioned matter have teen served Commission dated June on the following by deposit in the United States mail, firct clacs or air mail, this 29th day of June 1972:

Gerald Charnoff, Esq.

Jerome Garfinkel, Esq., Chairman Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge U. S. Atomic Energy Comission 910 17th Street, N. W.

Washington, D. C. 20545 Washington, D. C. 20006 Dr. Emmeth A. Luebke Leslie Henry, Esq.

Fuller, Seney, Henry & Hodge 610 Foxen Drive Santa Earbara, California 93105 800 Owens-Illinois Building 405 Madison Avenue 6

Toledo, Ohio h3 04 Dr. John R. Lyman Department of Environmental Sciences and Engineering Mr. Glenn J. Sampson, Vice Univernity of Uorth Carolina Precident, Power

('hapel Hill, North Carolina 27514 The Toledo Edicon Company 420 Madicon Avenue Donald H. Hauser, Esq.

Toledo, Ohio h3601 The Cleveland Electric Russell Z. Baron, Esq.

Illuminating Company Brannon, Ticktin, Baron P. O. Box 5000

& Mancini Cleveland, Ohio h4101 930 Keith Building Joseph Scinto, Esq.

Cleveland, Ohio h4115 Martin G. Malech, Esq.

. egulatory Staff Cou2.sel Jerome S. Kalur, Esq.

U. G. Atomic Energy Commission Jamison, Ulrich, Eurkhalter

'de ch in gton, D. C. 20545

& Hesser lh25 National City Bank Building Cleveland, Ohio h4114

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50-346 page 2 James L. Knight, Esq.

Miss Vicki Evans 633 National Bank Building L.I.F.E.

Toledo, Ohio 43604 Box 15, University Hall Bowling Green State University Mrs. Evelyn Stebbins, Chairman Bowling Green, Ohio 43 03 h

Coalition for Safe Nuclear Power 705 Elmwood Road Beatrice K. Bleicher, Esq.

Rocky River, Ohio 44116 Coburn, Smith, Rohrbacher & Gibson 7th Floor, Toledo Trust Building 6

Mr. Glenn H. Lau Toledo, Ohio 43 04 Rt. 1, Box 126 Oak Harbor, Ohio 45449 Director Ida Rupp Public Library Port Clinton, Ohio 43452 Information copies to:

Mr. Roger B. Williams Honorable Paul W. Brown

  • Atomic Energy Coordinator Attorney General, State of State of Ohio Development Ohio Department State House Annex 65 Gouth Front Street Columbus, Ohio 4 215 3

P. O. Box 1031 Columbus, Ohio 43215 Environmental Protection Agency

  • Federal Activities Branch, Rm. 1003 Mr. William O. Walker, Director
  • Washington, D. C. 20242 Department of Industrial Relatione 851 Ohio Department Building Honorable William H. Ward
  • Columbus, Ohio 43215 Assistant Attorney General State of Kansas E. W. Arn old, M. D.
  • Topeka, Kansas 66612 Director of Health Ohio Department of Health 450 East Town Street Columbus, Ohio 42216 f (AOL 4

Office of the See:htary of thepission ec: Mr. Garfinkel Mr. Scinto ASLDP V. Wilson Heg. Files Tteme (1) and (P) only.

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