ML20005B936

Requests That Commission Undertake Consideration of Joint Intervenors Application for Stay of ASLB Partial Initial Decision.Commission Can Rule on Motion When Reviewing ASLB Order Authorizing Fuel Loading & Low Power Testing

ML20005B936
Person / Time
Site:	Diablo Canyon
Issue date:	09/11/1981
From:	Fleischaker D FLEISCHAKER, D.S., JOINT INTERVENORS - DIABLO CANYON
To:	Gilinsky V, Palladino N, Roberts T NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8109160148
Download: ML20005B936 (2)

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/. . TELEPHON E 207 000 2373

.o DAVID 5. FLEISCHAKER ATTORNEY AT LAW P. O. Box 1178 g gg;gygxgggggg g gg Oklahoma City, OK 73101 aumt:w.s September 11, 1981 Nunzio J. Palladino, Peter A. Bradford, Chairman Commissioner U. S. Nuclear Regulatory U. S. Fuclear Regulatory Commission Commission 1717 H Street, N. W. 1717 H Street, N. W.

Washington, D. C. 20555 Washi.ngton, D. C. 20555 Victor Gilinsky, John F. Ahearne, Commissioner Commissioner U. S. Nuclear Regulatory U. S. Nuclear Regulatory Com=ission m Commission -

1717 H Street, N. W. 91 IIR7 Street, N. W.

Washington, D. C. 20555 8 ,

' g Was on, D. C. 20555 Thomas Roberts, d ) ,,

Commissioner U. S. Nuclear Regulatory SEP J 51981 mm ,% 6- USNRC g.

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B Office of the Secrefry Washington, D. C. 20555 4 kieting & Senics

- & hm-b 4 u b Re: In the Matter of PACIFIC CAS AND D l ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1 and 2) Docket Nos.

50-275 O. L. and 50-323 0. L.

Gentlemen:

I have just concluded a telephone conversation initiated by Mr. Alan Rosenthal, Chairman, Atomic Safety and Licensing Appeal Panel and Dr. John Buck, member, Diablo Canyon Atomic Safety and J.,1 censing Appeal Board. The conversation related to the Joint Intervenors' APPLICATION FOR A STAY filed in the above captioned proceeding and received by the Appeal Board today. Copies of the application and accompanying documents have been served on the Commission and the Office of General Counsel.

In the cover letter, Counsel requested the Appeal Board to rule on the application by Tuesday, September 15, 1981, so that, if denied, it might be presented to the Conaission to consider prior to its decision en the low power license, which decision is apparently scheduled for Friday, September 18, 1981. Mr. Rosenthal advised Counsel that it was extraordinarily unlikely that the Appeal Board would dispose 8109160148 810911 @ sod l PDR ADOCK 05000275 6iO G PDR -

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of the application before the Commission was scheduled to act on the low power license. He suggested that the Joint Intervenors may wish to request the Commission to bypass the Appeal Board and to consider the  !

stay application concurrently with the decision authorizing fuel load I and low power testing. We believe that Appeals Board's suggestion is sound.

Accordingly, the Joint Intervenors request the Commission to

, undertake consideration of the APPLICATION FOR A STAY and to rule on i

that motion at the same time that it completes its review under 10 C.F.R. 52.764 of the licensing board order authorizing fuel load and low power testing at Diablo Canyon.

Very truly yours, h

David S. Fleischaker N  ;

Counsel to the Joint Intervenors  !

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