ML19330B221

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Order Authorizing ASLB to Act on Merits of State of or Motion for Reconsideration of ASLB 800711 Initial Decision. State of or Supporting Brief on Exceptions Is Tolled Until 10 Days After ASLB Rules on Motion
ML19330B221
Person / Time
Site: Trojan File:Portland General Electric icon.png
Issue date: 07/28/1980
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
Atomic Safety and Licensing Board Panel
References
TAC-13152, NUDOCS 8007310160
Download: ML19330B221 (3)


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.o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g

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t0CKETED ATOMIC SAFETY AND LICENSING APPEAL BOARD UstGC Alan S. Rosenthal, Chairman dp gggg 81980

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Dr. John H. Buck j-Offfg Dr. W. Reed Johnson 4

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In the Matter of

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PORTLAND GENERAL ELECTRIC COMPANY, et al.

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Ddcket No. 50-344

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(Control Building)

(Trojan Nuclear Plant)

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ORDER July 28, 1980 The State of Oregon has filed exceptions to the Licensing Board's July 11, 1980 initial decision in this proceeding in-volving modifications to the Trojan facility's control building.

LBP-80-20, 12 NRC Simultaneously, Oregon filed a motion for reconsideration with the Licensing Board addressed essen-j tially to the same points raised in the exceptions.

In this connection, it explained to the Board below that the submission to us had been "for the purpose of avoiding waiver of [its) right to appeal."

The NRC staff has similarly moved the Licensing Board for reconsideration of the initial decision.

But, rather than take 1

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2-a precautionary appeal, the staff sought and obtained an extension of the time for the filing of exceptions to abide the event of the determination below on its reconsideration motion.~~/ This was the better course because it eliminated any possible question respecting whether, once an appeal has been taken from a licensing board decision, that board loses jurisdiction to reconsider the decision.

Be that as it may, we wish the Licensing Board to act on the merits of Oregon's motion.

We accordingly authorize it to do so notwithstanding the pendency of that party's exceptions.

In the meantime, the period prescribed by 10 CFR 2.762(a) for the filing of Oregon's brief in support of i.; exceptions is tolled.

Within ten days following service of the Licensing Board's ruling on its reconsideration motion, Oregon shall (1) withdraw its exceptions; (2) amend them in light of the content of the ruling; or.(3) notify us in writing that it intends to proceed with its appeal on the basis of the

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See our unpublished order of July 24, 1980.

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, exceptions as now formulated.

If not withdrawn, the time pro-vided by Section 2.762(a) for briefing the exceptions (as possibly amended) will then begin to run.

It is so ORDERED.

FOR THE APPEAL BOARD t

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T C. Je q Bishop Secretary to the Appeal Board Dr. Johnson did not participate in the consideration or disposition of this matter.

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