ML20012C457
| ML20012C457 | |
| Person / Time | |
|---|---|
| Issue date: | 03/15/1990 |
| From: | Cordes J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| TASK-AII, TASK-SE SECY-90-091, SECY-90-91, NUDOCS 9003210329 | |
| Download: ML20012C457 (5) | |
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taie ADJUDICATORY ISSUE (information)
M_ arch 15, 1990 SECY=90-091 A
I FOR:
The Commissioners FROM:
John F. Cordes, Jr.
Solicitor
SUBJECT:
LITIGATION REPORT 1990 - 15 Commonwealth of Massach'usetts v. United States Nuclear Regulatory Commission, llo. 90-1132 (D.C. Cir. March 14, 1990)
(per curiam).
A In the late afternoon'of March 14, the Court of Appeals for the D.C.
Circuit issueo two orders in favor of the Nuclear Regulatory Commission which cleared the way for issuance of a full power license for Seabrook.
As anticipated in the Commission's March 1, 1990 order approving issuance of Seabrook's full power license (Public Service Company of New Ham? shire (Seabrook Station Units T & 2),
CLI-90-03)), the Commonwealth of I
Massachusetts, New England Coalition on Nuclear Pollution, and Seacoast Anti-Pollution League
- had jointly asked the Court of Appeals to stay that licensing action.
A companion i
motion sought mandatory relief and remand in light of the alleged ' overruling" of the Appeal Board's decision.in ALAD-924 (November 7, 1989) by the Licensing Board in its November 9 and November 20 decisions.
See LBP-89-32 and 89-33.
Both the stay motion and the mandatory relief motion were filed on March 7, thus, under the terms of CLI-90-3, setting the termination 1
date of the Commission's own housekeeping stay as March 14.
The Court set an expedited h
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,_ The T.own.of flampton later moved to join this lawsuit.
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NOTE:
TO BE MADE PUBLICLY AVAILABLE l
IN 10 WORKING DAYS FROM THE DATE OF THIS PAPER j
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Commissioners
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briefing schedule which called for our and the license-applicants' responses to be in the Court's hands by noon, Monday, March 12 and the stay proponents' replies by 4 p.m. the following day, March 13.
Just before 5:30 on March 14 we were notified that the Court had denied both motions.
Judges Abner Mikva, James Buckley and Douglas H. Ginsburg comprised the panel.
In a brief order, the Court held that petitioners "have not demonstrated the requisite likelihood of success on the merits to warrant a stay."
With respect to the r
motion for mandatory relief, the Court held that the " merits of the parties' positions are not so clear as to justify summary action."
A copy of the order is attached.
Contact:
Marjorie Nordlinger x21607 d
@F.Cordes, Jr.
Jo S.icitor
Attachment:
As Stated DISTRIBUTION:
Commissioners OGC OIG GPA REGIONAL OFFICES EDO ACRS ACNW ASLBP ASLAP SECY
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- o-1188 September Term,1gse Commonwealth of Massachusetts, New England Cas11 tion on Nuclear Pollution, and seacoast Anti-Pollution League, Petitioners, ONIMNM MmeOlmsWosiwemaa IIII MAR 141990 U.S.NuclearRegulatoryCommissionandthe United States e
- America, CONSTANCE Cd Respondents EEERN l
Public service company of New Hampshire, 11 AL.,
i Intervonors BEFORE:
Mikva, Buckley an D.M. Ginsburg, Circuit Judges ORDER Upon consideration of the emergency motion-to stay and the responses thereto and replyt the action for mandatory relief and for romand, the responses thereto and repl expeditious consideration of petitioners' y; and the motien fordispositive motion, it is l
l ORDERED that the emergency motion for stay be denied.
Petitioners have not demonstrated the requisite likelihood of ouccess on the merits to warrant a stay.
EAA cueme v. NRd, 772 F.2d 972, 974 (D.C. Cir. 1985); Washinaten Metrocolitan Arma Transit Authority v. Molidav Tours. Ine, 559 F.2d 841, 843 (D.C.
Cir. 1977).
It is FURTHER ORDERED that the motion for mandatory relief and for romand be denied.
The merits of the parties' positions are not so clear as to justify summary action.
333 CAgg3 e Broadcastine d
creun. Ltd. v. FCC, 822 F.2d 1172, 1174 (D.C. Cir. 1987) curiam) ; Walker v. Washinuten, 627 F.2d 249, 250 (D.C. Cir(per(per
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Ouriam), 3311. denied, 449 U.S. 994 (1980).
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i FURTNER ORDERED that the motion to expedite the notion for nandatory relief be dismissed as moot.
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