ML20005B709

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Memorandum Advising That CA Governor Brown 810715 Motion to Reopen Record to Correct Staff Misstatement Must Be Directed to Aslab or Commission.Aslb Has No Jurisdiction
ML20005B709
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 08/27/1981
From: Bright G, Kline J, Wolf J
Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-OL, NUDOCS 8109010297
Download: ML20005B709 (2)


Text

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NUCLEAR REGULATORY COMMISSION N

Before Administrative Judges:

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/J[jgOO/987 John F. Wolf, Chairman Glenn 0. Bright Dr. Jerry Kline

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In the Matter of:

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Docket Nos. 50-275 OL

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50-323 OL PACIFIC GAS AND ELECTRIC COMPANY

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(Diablo Canyon Nuclear Power Plant,

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Unita 1 and 2)

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August 27, 1981

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MEMORANDUM In a Motion dated July 15, 1981, Governor Brown sought to have the Record reopened "to Correct Staff Misstatement".

On July 30, 1981 e response was filed by the Applicant.

This was followed on August 4, 1981 by a response from the NRC Staff.

Both the Staff and the Applicar.t opposed the granting of the Motion.

In the meantime on July i7,1981 this Board issued a partial initial decision authorizing issuance of a low-power license subject to a f avorable decision by the Appeal Board of the Applicant's security plan.

Under these circumstances any such motion must be directed either to the Appeal Board or the Commission for a determination as to whether er not (d.$. l f:;

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the low-power proceeding should be amended since this Board does not now have jurisdiction to pass on the matter.M THE ATOMIC SAFETY AND LICENSING BOARD L.

' John F. Wolf Chairman ADMINISTRATIVE JUDGE (k

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Glenn O. Bright ADMINISTRATIVE JUDGE

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Dj. Jerry'Kline AUMINISTRATIVE JUDGE Issued and Entered at Bethesda, Maryland, this 27th day of August, 1981.

  • / The Board notes that this specific matter was directed to the attention i

l of the Commission by inclusion in Governor Brown's submittal to the Commission " Motion of Governor Edmund G. Brown, Jr. for Waiver of the l

Immediate Effectiveness Rule and Direct Commission Review of the l

Licensing Board's July 17, 1981 Decision", dated August 13, 1981.

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