ML20006B776
| ML20006B776 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/06/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Kostmayer P HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| Shared Package | |
| ML20005H003 | List: |
| References | |
| CCS, KOSTMAYE-900106, NUDOCS 9002050346 | |
| Download: ML20006B776 (1) | |
Text
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~00EST!0N 1..
Has the Licensing. Board ever before granted authority tc, issue an operating license while an appeal is pending before the Appeal Board?. If yes, please p* ovide a' n
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detailed explanation and justification consistent with the u
.L Administrative Procedures Act, relevant statutes and fundamental fairness to the parties.
ANSWER.
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.This happens frequently. Because power reactor operating license-proceedings are complex and frequently involve many issues, the Licensing Board.in many cases issues several partial initial decisions. each of l
which addresses-a limited number of issues.
Parties who disagree with the Licensing Board's decisions are required to file a notice of appeal with the Appeal Board within ten days after service of a Licensing Board's initial decision.
10 CFR I 2.762. Typically, appeals have been filed but are not resolved at the time the Licensing Board issues its final partial initial decision authorizing the grant of an operating
-license. This practice is provided for by longstanding Comission regulations. set forth in 10 CFR 2.764 and was upheld in Oystershell Alliance v. NRC, 800 F.2d 1201 (D.C. Cir 1986)(per curiam).
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