ML20050L184
| ML20050L184 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1982 |
| From: | Margulies M Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| PROJECT-564M 76-334-07-AN, 76-334-7-AN, ISSUANCES-A, NUDOCS 8204140265 | |
| Download: ML20050L184 (2) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Morton B. Margulies 12 TR 12 T il Administrative Law Judge
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In the Matter of
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ASLBP Docket No. 76-334-07-AN
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PACIFIC GAS AND ELECTRIC COMPANY
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(Commission Docket No. P-564-A)
(Stanislaus Nuclear Project, Unit 1)
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Antitrust
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April 9, 1982 g
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Q' g.\\[D MEMORANDUM ANE @ DER g
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.By order served March 17, 1982, the Commiss Me ermi that a filing made by Pacific Gas and Electric Company (PG&E), titled Notice of Prematurity and Advice of Withdrawal, was a motion to withdraw what was deemed to be an integral part of an existing application, making the matter subject to the requirements of 10 CFR 2.107(a).
The order noted that the Atomic Safety and Licensing Appeal Board had set forth elements that are to be considered in treating with requests to withdraw applications, in two opinions, i.e., Puerto Rico Electric Power Authority (North Coast Nuclear Plant, Unit 1), ALAB-662, 14 NRC (1981) and Philadelphia Electric Company (Fulton Generating Station, Units 1 and 2), ALAB-657, 14 NRC (1981).
Both opinions were served subse-quent to the filings made by the parties in this proceeding on the withdrawal issue.
The Commission referred the PG&E request to withdraw to the Licensing Board for consideration and decision, in accordance with its order.
The matter
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was thr n reassigned to me for disposition.
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/!O 820414065 820409 PDR PROJ 564M PDR
< In order to afford the parties a full and fair opportunity to meet the agency's criteria for deciding the withdrawal issue, a part of which is the the possible imposition of terms and conditions, a de novo filing of the motion to withdraw and of the answers is authorized. The parties in presenting their respective positions should relate how their proposals will affect the unre-solved matters in the proceeding such as the other,pending motions.
Applicant may file a motion to withdraw within twenty (20) days following service of this memorandum and order.
Intervenors may file answers within ten (10) days af ter service of applicant's motion and NRC Staff may answer five (5) days after service of intervenors' answers.
The parties are encouraged to negotiate the settlement of matters in dispute, which should assist in resolving the issues justly, speedily and economically.
IT IS S0 ORDERED.
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Morton B. Marguliesf/
ADMINISTRATIVE LAW JUDGE l
April 9, 1982, Bethesda, Maryland.
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