ML20073R763
| ML20073R763 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/28/1983 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8305040541 | |
| Download: ML20073R763 (3) | |
Text
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RELATED CORRESPONDENCE c..
. April.28, 1983 mu GC UNITED STATES OF AMERICA
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f NUCLEAR REGULATORY COMNISSION.
OcCKETED yo.y Before the Atomic Safety and Licensine Board e
In the Matter of
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E Uli7 -3 NO :16
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s CLEVELAND ELECTRIC ILLUMINATING
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Docket Nos. 50-440 COMPANY, Et Al.
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50-441
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(Operating License)
(Perry Nuclear Power Plant,
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Units 1 and 2)
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MI' ION 'IO STAY THE PROCEEDING PENDING A RULING ON OCRE'S MEION FOR SUWARY DISPOSITION Intervenor Ohio Citizens for Responsible Energy ("OCRE") is this day filing a nation for sumary disposition of the OL application. If OCRE's motion is granted, this proceeding would be terminated. In an effort to prevent further unnecessary expenditures of time, noney and effort by all parties, OCRE is hereby noving the Licensing Board to stay this proceeding pending a ruling on OCRE's notion for sumary disposition.
In order for a stay to be granted, the four criteria of 10 CFR 2.788(e) nust be considered. OCRE addresses these factors below.
Factor (1) concerns the likelihood of prevailing on the notion for sumary disposition. OCRE believes that, as shcun in that notion, the facts and the law are clear. It:is likely that the notion for sumary disposition will be granted.
l Factor (2) questions whether the noving. party will be irreparably mg injured absent a stay. OCRE believes that injury will occur if OCRE nust rv e n.
continue to expend time, noney, and effort on issues that will be rendered me j
,o noot by a grant of the sumary disposition notion.
Such injuries are ir-l e:s:
l o8 reparable because these resources are finite and just compensation for wo l
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g them cannot be recovered, since the Ccmnission has refused to implement i
c)o the law passed by Congress known as the Equal Access to Justice Act ma.o h
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(Public Law No.96-481, 94 Stat. 2325 (1980)).
Factor (3) questions whether the stay would hann other parties.
'Ihe answer to this question ~ is negative, since the other parties (with the exception of. Applicants and Staff - see below) find themselves in the same situation as OCRE.
Factor (4) concerns the public interest. The public interest is served by granting the stay.
Since the public underwrites the litigation expenses of Applicants (through electric rates) and Staff,(through tax dollars), the public interest is definitely served by staying the pro--
ceeding and saving the public's money for nere profitable endeavors.
Respectfully subnitted, 4 nCes Susan L. Hiatt OCRE Representative 8275 Munson Rd.
Mentor, OH 44060 (216) 255-3158 i
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tr.tu n ICATE OF SERVIC TS
'Ihis is.to certify that copies o'f the' foregoing FDTION 'IO STAY 'IEE PWTNG PENDING A RULING CN OCRE'S bCTION FOR SUWARY D were served by deposit in the U.S. Mail, 'first class, postage prepaid, this.246 day of April 1983 to those on the service list below.
a w n, - g g--- g-g&
Susan L. Hiatt SERVICE LIST Peter B. Bloch, Chairman Atomic Safety & Licensing Board Daniel D. Wilt, Esq.
U.S. Nuclear Regulatory Comm'n P.O. Box 08159 Washington, D.C.
20555 Cleveland, od 4410e Dr. Jerry R. Kline Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Mr. Glenn 0. Bright Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Docketing & Service Section Offic'e.of the Secretary U.S. Nuclear Regulatory Comm'n Washington, D.C.
20555 i
James M. Cutchin IV Esq.
Office of the Exec,utiv,e Legal Director l
U.S. Nuclear Regulatory Comm'n Jay Silberg, Esq.
1800 M Street, N.W.
Washington, D.C., 20036 l
Atomic Safety and Licensing Appekl Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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