ML19344A217
| ML19344A217 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/27/1976 |
| From: | Axelrad J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8008060568 | |
| Download: ML19344A217 (1) | |
Text
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l UNITED STATES OF AMERICA ep)q.bgy
,i NUCLEAR REGULATORY COMMISSION' E
j BEFORE THE ATOMIC SAFETY dND' LICENSING' BOARD 1
- f/277g-s In the Matter of CONSUMERS POWER COMPANY,
l Docket Nos.
(Midland Plant, Units 1 and 2)
)
l MOTION OF THE NUCLEAR REGULATORY COMMISSION STAFF TO DIRECT THE ADVISORY COMMITTEE ON REACTOR SAFEGUARDS TO CLARIFY ITS rep 0RT Pursuant to the decision of the United States Court of Appeals for-the District of Columbia Circuit in ~ Aeschliman v. NRC, No. 73-1776 and l
73-1867 (D.C. Cir. July 21,1976), the Staff hereby moves that this Board return the ACRS report to the ACRS for clarification.
The court.in Aeschliman held that the. Licensing Board in the Midland proceeding should have returned the report sua sponte to the ACRS for "further elaboration of the cryptic reference [in the report] to ;other problems. '" l The court directed that, on' remand, the ACRS report should be returned to the ACRS for clarification of the noted ambiguities.
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.The Staff believes that this Board should now return the ACRS report-l
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to the ACRS for clarification.
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_ / Ap.schliman,_ slip op.at 20.
I Respectfully submitted,
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b 80.080609$8 dane A. Axelrad Counsel for NRC Staff '
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