ML20039D691
| ML20039D691 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 12/31/1981 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| CLI-81-36, NUDOCS 8201060008 | |
| Download: ML20039D691 (1) | |
Text
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Harold Denton, Director MEMORANDutt FOR:
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Howard K. Shapar Executive Legal Director
SUBJECT:
COMllISSION ORDER (CLI-81-36) DIRECTING THE COMANCHE
~ PEAK LICENSING BOARD TO DISMISS EIGHT-FORMER ACORN CONTENTIONS RETAINED BY THE LICENSING BOARD AS SUA, SPONTE ISSUES UNDER 10 C.F.R. 9 2.760a On review of the Comanche Peak Licensing Board's Order of September 25, 1981 setting forth the particular factors which it believed justified the exercise of its sua sponte authority pursuant to 10 C.F.R. 9 2.760a to retain eight fomer ACORH contentions, the Commission detemined in an Order dated December 29, 1981, (CLI-81-36),-that the Licensing Board did not set forth a sufficient justification supporting its retention of the contentions under 10 C.F.R. 5 2.760a. According to the commission, the Licensing Board's Order pointed to two factors as supporting its action'under 10 C.F.R. 5 2.760a: (1) prevention of continued delays in the proceeding and (2) absence of any threshold infomation sufficient to justify dismissal of accepted contentions.
For the reasons set forth in its Order, the Commission detemined that-neither factor establis.
'that a serious safety, environmental, or common defense and security matter exists." 10 C.F.R.-5 2.760a. According to the Commission, "[a]bsent such a finding, the Board improperly retained the eight contentions at issue."
(Order, at 2). Therefore, the Commission directed the Board to issue an appropriate order dismissing the contentions from the proceeding.
Howard K. Shapar Executive Legal Director DSO 7
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