ML19345A993

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Order Allowing Intervenors to File Submission by 801204. Submission Should Address Applicants & NRC Argument That CP Application Should Be Dismissed W/O Prejudice
ML19345A993
Person / Time
Site: 05000376
Issue date: 11/19/1980
From: Wolfe S
Atomic Safety and Licensing Board Panel
To:
AFFILIATION NOT ASSIGNED
References
NUDOCS 8011250576
Download: ML19345A993 (2)


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'DE A'HNIC SAFE 1Y AND LICENSIl0 BCARD Cfres of 3, L 04Aetig a f27 M Sheldon J. Wolfe, Esquire, Chairman Emc4p\\&

Dr. Richard F. Cole, Mecber of'

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Gustave A. Linenberger, Jr., Mecber c,

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5 In the Matter of

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PUERIO RICO EECIRIC POWER AUD10PIIY

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DocketNo.50-3%CP

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(North Coast Nuclear Plant, Unit 1)

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ORDER (Novecber 19, ]?31 In an Order dated October 17, 1980, the Cacmission declined to grant directed certification which had been requested in Intervenors' Motion For Direct Certification To Request Application Be Dismissed With Prejudice, and Addendtzn dated September 18, 1980. The enmission directed that Int.er-venors' Motion be transferred to the Licensing Board for decision and advised

~ hat Intervenors may pursue an appeal pursuant to the Rules of Practice if t

this Board rules adversely to them on the merits of their notion.

We. understand the enmission's direction to be that we deterdne stather in granting Applicant's Withdrawal of Application, we should disdss the appli-cation with prejudice.

Our Order of October 16, 1980 had granted Intervenors' request that we stay proceedings until fifteen days after the Cecmssion had ruled upon timir Motion For Direct Certification. We assumed that within fifteen days after the issuance of the Coadssion's Order, i.e., by Novecber 3,1980, Intentenors would file a su bission opposing Applicant's and the Staff's Responses Y

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respectively filed on October 3 and October 8, 1980. Such a s not the case.

If Intervenors wish to file a snkdasion, they cust file by no later than December 4,1980. Intervenors' sukrfssion shcald be directed solely to respond-

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ing to Applicant's and Staff's argunent that the North Coast construction permf.t application should be dis::xi.ssed but not with prejudice.

IT IS SO ORDERED.

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4 FOR THE AIQEC SAEEIY AND LICENSING Bort @

1N Sheldon J.Golfe, Esquire Chairtran Dated at Bethesda, Maryland this 19th day of Novernber,1980.

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