ML20028B988
| ML20028B988 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 01/04/1983 |
| From: | Bloch P Atomic Safety and Licensing Board Panel |
| To: | SUNFLOWER ALLIANCE |
| References | |
| ISSUANCES-OL, NUDOCS 8301050115 | |
| Download: ML20028B988 (1) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMfSSION ATOMIC SAFETY AND LICENSING BOARD I
C0QfiEE Before Administrative Judges:
83 JAN -4 #0:15 Peter B. Bloch, Chairman Dr. Uerry R. Kline Mr. Glenn 0. Bright an. m
.ti Cowim & sgpy;cg In the Matter of DocketNos.50-48UMH 50-441-OL CLEVELAND ELECTRIC ILLUMINATING SERVED JM 04 BU COMPANY, et al.
(Perry Nuclear Power Plant, Units 1 & 2)
January 4, 1983 MEMORANDUM AND ORDER (Concerning Motion for a Stay)
On December 29, 1982, Sunflower Alliance Inc., et al., ( Sunflower) requested a stay of these proceedings during the pendency of litigation concerning a Petition for Review that Sunflower has filed before the United States Court of Appeals for the Sixth Circuit.
The Petitioh seeks to require this Board to reverse the ruling by which it excluded Sunflower's psychological stress contention froin this proceeding.
In its motion for a stay, Sunflower correctly states criteria necessary for the granting of a stay, including the need for it to show that the continuation of our proceedings will cause it "irreparaole injury." See Reserve Mining Co. v. United States, 498 F2d 1073,1076-77 (8th Cir.,197TT-However, tnese proceedings are months from their conclusion and Sunflower has not indicated any way in which the continuation of the proceeding will cause it irrepar ab l e. harm.
Indeed, Sunflower even provides us with hope that its federal complaint will be deter nined before we conclude our proceeding.
Motion at 9.
In the absence of a snowing of irreparable injury, the request for a stay is denied. We make no finding about wnether ar,y of the other criteria for a stay are present or *hether we could entertain the motion despite the prohibition contained in the Conini ssion 's Statement of Policy on this matter.
Therefore, in consideration of the entire record, it is ORDERED:
That Sunflower Alliance Inc., et al.'s December 29, 1982, request for a stay is denied.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
.Q ikl
.( L Peter 8. 81ocn, Chairman ADMINISTRATIVE JUDGE 8ethesda, Maryland 8301050115 830104 i PDR ADOCK 05000440 gSOg G
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