ML20058A515
| ML20058A515 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 07/16/1981 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20058A382 | List:
|
| References | |
| FOIA-92-436, FOIA-93-436, TASK-AIA, TASK-SE SECY-81-419, NUDOCS 8110290165 | |
| Download: ML20058A515 (2) | |
Text
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ADJUDICATORY ISSUE
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(Affirmation)
For:
The Commission From:
Martin G. Malsch, Deputy General Counsel i
Subject:
SELECTION OF HEARING PANEL FOR SUSQUEHANNA PART 70 PROCEEDING Discussion:
The applicants in the Susquehanna OL proceeding submitted last December a separate requbst for a Part 70 license that would authorize them to possess nuclear fuel at the Susquehanna site.
The reason for the request is that the applicants apparently contracted for delivery of the fuel by a date sooner than the OL is expected to issue and would like authority to receive-the fuel rath'er than pay storage charges and possibly incur startup delays later on.
Two intervenors in the OL proceeding
.i have requested hearings on.the Part 70 I
application.
The requests were filed with the OL proceeding Licensing Board, which had precedent for taking jurisdiction of such interim license proceedings.
See Cincinnati Gas and h02 5 930412 Electric (Zimmer), 10 NRC 226 (19 7 9 ).,
CILINSK92-436 PDR and Pacific Gas and Electric-(Diablo Canyon), 3 NRC 73 (1976).
- However,
Contact:
i E. Leo Slaggie, GC X-43224 SECY NOTE:
This paper is identical to advance copies which were hand carried to Comission Offices on July 15, 1981.
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there is no requirement that the Board take jurisdiction, and this Board declined to do so.
The staff is ap,arently ready to issue a Part 70 license but refuses to do so while hearing requests are pending.
Thus the Part 70 proceeding is apparently stalled until additional action is taken on the hearing requests._
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order is attach 6d.
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Reccmmendation:
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Martin G.
alsch Deputy General Counsel
Attachment:
Draft Order Comissioners' coments should be provided directly to the Office of the Secretary by c.o.b. Monday, July 20,1981 (per the request of OGC).
This paper is tentatively scheduled for affirmation at an Open Meeting at the earliest practicable date.-
DISTRIBUTION:
i Comissioners I
Comission Staff Offices ASLBP ASLAP
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Secretariat l
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