ML20087K914
| ML20087K914 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/22/1984 |
| From: | Reynolds J CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON |
| To: | Gilinsky V, Palladino N, Roberts T NRC COMMISSION (OCM) |
| Shared Package | |
| ML20087K921 | List: |
| References | |
| OL, NUDOCS 8403260368 | |
| Download: ML20087K914 (2) | |
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i Ok CENTER FOR LAW i
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ADMINISTRATIVE OFFICER MARSH A M. MW ALWAS$ER wsmNo rCLLows LAWRENCE A. COLDBERO BY EXPRESS MAIL CN A D.
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March 22, 1984
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Nunzio Palladino, Chairman Victor Gilinsky, Commissioner Thomas Roberts, Commissioner j
James Asselstine, Commissioner
. Frederick Bernthal, Commissioner United States Nuclear Regulatory Commission Washington, D.C.
20555 i
Re:
In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), Nos. 50-2750L, 50-373OL
Dear Chairman Palladino and Members of the Commission:
Enclosed please find the fully executed signature page' for the Affidavit of Dr. Michio Kaku, submitted as an attachment to the Joint Intervenors' March 20, 1984 Renewal of Application for Stay.
In addition, several recent developments are pertinent to the Commission's consideration of the Joint Intervenors' stay application.
First, on_ March 21, 1983, the Chairman of the Atomic Safety and Licensing Appeal Board for the above-entitled proceeding ~ informed me that the Board had referred the Joint Intervenors' stay application to the Commission for decision.
The basis for the Board's decision was its conclusion that jurisdiction lies with the Commission, r-Second, in a conference call today with a representative of the clerk of the U.S. Court of Appeals, PGandE's counsel, Mr. Douglas.Oglesby, informed me that, in the event the Commission votes on March 26, 1984 to reinstate the suspended. low power operating license, criticality would not be 8403260368 840322 PDR ADOCK 05000275 G
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Nuclear Regulatory Commission March 22, 1984 Page Two achieved until the middle of next week -- Wednesday or Thursday -- according to PGandE's current schedule.
He characterized as " extremely unlikely" the possibility that such schedule would be accelerated and agreed to provide immediate notice of any potential change in that schedule.
Under the circumstances, the Joint Intervenors reaffirm their request that, if it should vote to reinstate the suspended license, the Commission stay the effectiveness of its OrderappthepriorNRCordersunderlyingthelowpower license-to permit an opportunity for court review prior to the irreversible irradiation of the fuel and contamination of the reactor associated with low power operation.
As a minimum, in light of PGandE's schedule as indicated this morning, the grant of a limited stay of the authority to proceed to criticality should cause no harm to PGandE and would ensure the Joint Intervenors an opportunity to seek court review of this proceeding.
Very truly
- urs, O
N' J
R.
Reynolds Counsel to the Joint Intervenors JRR:cc Enclosure 1!
See Joint Intervenors' Application for Stay, at 1 (October 31, 1983).
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