ML20005C049
| ML20005C049 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/13/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | PACIFIC GAS & ELECTRIC CO. |
| References | |
| ISSUANCES-OL, NUDOCS 8111180324 | |
| Download: ML20005C049 (2) | |
Text
'
4 OXKETED UNITED STATES OF AMERICA
'J%RC NUCLEAR REGULATORY COMMISSION 81 NOV 13 P255 g
COMMISSIONERS:
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-hunzio J. Palladino, Chairman
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Victor Gilinsky l.UnETmG & SERVICE' fjg2 I Peter A. Bradford ERANCH u,%, fSBN John F. Ahearne f
Thomas M. Roberts
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In the Matter of
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?ACIFIC GAS AND ELECTRIC
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Docket Nos. 50-275 0.L.
COMPANY
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50-323 0.L.
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(Diablo Canyon Nuclear Power
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Plant, Units 1 and 2)
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MEMORANDUM AND ORDER On October 1, 1981, Applir. ant Pacific Gas and Electric Company filed a motion seeking reconsideration of the Comission's Memorandum i
and Order of September 21, 1981 insofar as it directed the Atomic Safety
_ 2 nd Licensing Board to include low power contentions 10 and 12 in the full power proceeding.
Pacific Gas and Electric Company (Diablo Canyon Nuclest:Eower Plant, Uni + = 1 and 2), CLI-81-22,14 NRC (September 21,1981).
The Commission issued this directive as part of its effectiveness review and in the exercise of its inherent supervisory f
authority over adjudicatory proceedings.
It did not inter:d to address
./
the admissibility of Contentions 10 and 12 under the standards of 10 CFR 2.714 or standards for reopening a closed record.
In the exercise of this discretionary authority, the Commission is not limited to instances where a prior determination is mcde that a serious safety, environmental, or common defense and security matter exists. This O
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PDR ADOCK 05000275 y
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-o restriction specifically applies only to the presiding officer (the
-1 Atomic _ Safety and Licensing Board),10 CFR 2.760a, and the Atomic Safety and Licensing Appeal Board,.10 CFR 2.785(b).
The applicable Comission regulation,10CFR2.764(f)(2)(iv),stateswithout_qualificationthat "In announcing a stay decision, the Comission may... give instructions as to the future handling of the proceeding...."
Accordingly, Applicant's motion for reconsideration is hereby denied.
It is so ORDERED.
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For the Comisnion 0
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f SAMUEL J.
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'd jSecretary of the Comission
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Dated at Washington, D.C.
this b day of '!ovember,1981.
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