ML19344A242

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Orders That Parties to Proceeding & NRC File Briefs on or Before 760907 Re Whether CP for Facility Should Be Continued,Modified or Suspended Until Interim Fule Cycle Rule Made Effective
ML19344A242
Person / Time
Site: Midland
Issue date: 08/18/1976
From: Head D
Atomic Safety and Licensing Board Panel
To:
NRC COMMISSION (OCM)
References
NUDOCS 8008070612
Download: ML19344A242 (2)


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Tl$E UNITED STATES OF AMERICA 3 976 >.2

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NUCLEAR REGULATORY COMMISSION E

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3 Before the Atomic Safety and Licensing Bos.

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CON'SUMERS P0' DER COMPANY Docket Nos.

(Midland Plant, Units 1 & 2)

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ORDER On August 16,.1976, the Nuclear Regulatory Commission l

(the. Commission) issued a Memorandum and Order requiring that an Atomic Safety and Licensing Board (the Board) for the Midland facility be reconvened, for the limited purpose of p

i considering, in light of the facts and the applicable law, l

whether the construction permits for that facility should be continued, modified, or suspended until an inter'm fuel cycle i

rule has been made ef ective.

The Commission directed the Board to call for briefs'from the parties on that issue, and to hold an evidentiary hearing thereon, if.necessary.M i

1 In response to the Commission's Memorandum and Order of 4 st 16, 1976 and in accordance with the Commission's L

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The Commission also set out that no hearing on the merits of the other' issues assigned-for reconsideration by the l

U.S. Circuit Court of Appeals for the' District of Columbia in Aeschliman vs. NRC, Appeals No. 73.'.776 t

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andLNo. 73-1667 decided July-21, 1976, will be E.ppropriate l

until. the decision of the Court of Appeals has become final ~-

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. General. Statement of Policy of the same date, the Atomi:

Safety.anld Licensing Board Panel on August 17, 1976, estab-lished an~ Atomic Safety and. Licensing Board for the Midland' facility for the above-stated purpose.

The members'of this Board are:

Dr. Emmeth A. Luebke.and Dr. J. Venn Leeds-as technically qualified members and Mr. Daniel M. Head as Chairman.-

As~ directed by the Commissicn, the Board hereby orders that the parties to the proceeding, including the NRC Staff, file briefs on or before Tuesday, September 7, 1976,.on whether the construction permits for the Midland facility should be continued, modified, or suspended until an interim fuel' cycle rule has been made effective.

Those briefs should also indicate whether the-parties consider an evidentiary hearing to'be necessary on this issue and, if so, the briefs

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should contain an' indication of the evidence the parties might expect to-produce.

BY ORDER OF THE ATOMIC SAFETY AN,D LICENSING BOARD ik ~

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Daniel M. ' Head,, Chairman'

. Issued at Bethesda,' Maryland,

-this-18th daycof August, 1976.

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