ML20126A073

Memorandum & Order Declining ASLB 850524 Order to Issue Util Full Power OL Due to Unresolved Questions by Graterford Inmates.Aslab Directed to Consider Graterford Inmates Issues.Served on 850611

ML20126A073
Person / Time
Site:	Limerick
Issue date:	06/11/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Atomic Safety and Licensing Board Panel
References
CON-#285-375 CLI-85-11, OL, NUDOCS 8506130219
Download: ML20126A073 (3)

Text

Y%b IJNITED STAYES OF AMERICA NUCLEAR REGULATORY COMMISSION C019tISSION,ERS:

Nunzio J. Palladino, Chairman COUETED Thomas M. Roberts. USNRC James K. Asselstine Frederick M. Bernthal Lando W. Zech, Jr. '85 JJN 11 P4:28 ff0CkkT N $ Y, i *

) BRANCH In the Matter of ) g PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352 OL

) 50-353 OL (Limerick Generating Station, )

Units 1 and 2)

MEMORANDUM AND ORDER CLI-85-11_

By this Memorandum and Order, the Nuclear Regulatory Comission

("NRC" or " Commission") declines to make effective at this time the Atomic Safety and Licensing Board's (" Licensing Board") Order of May 24, 1985 which, together with prior Licensing Board decisions in this proceeding,1 authorized the Director, Nuclear Reactor Regulation

(" Director") to issue to the applicant Philadelphia Electric Comnany 1

Partial Initial t. is LBP-84-31, 20 NRC 446 (1984), LBP-85-14, 21 NRC (May 2, 1985) _BP-83-11, 17 NRC 413 (1983), affirmed in part and remanded in part, ALAB-785, 20 NRC 848 (1984), responded to, ASLBP No. 81-465-07-OL (unpublished order, November 8, 1984), affirmed ALAB-804, 21 NRC , (May 30, 1985).

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("PECo") a full-power operating. license for_the Limerick Generating Station (" Limerick"). The Commission finds that important questions regarding the hearing rights of the inmates of the State Correctional Institution at Graterford, Pennsylvania have not yet been resolved.

Accordingly, the Connission directs the Atomic Safety and Licensing

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' Appeal Board (" Appeal Board"), consistent with conducting a fair and thorough proceeding, to consider expeditiously the issue of the propriety of granting an exemption during the pendency of_ contentions filed by the Graterford inmates. Should the Appeal Board find that the grant of an exemption denied the Graterford inmates their rights to a hearing, the Appeal Board should take whatever steps are necessary to preserve and give expeditious effect to those rights. Once this matter is resolved, either by the Appeal Board's finding that a grant of the exemption was proper, or, if the Appeal Board finds that grant of an exemption was improper, by a Licensing Board decision on the contentions, the Commission will again consider the issuance of a full-power operating license for this facility.

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It is so ORDERED.  !

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"- . For the Commi sion  !

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/ SAMUEL d. t,HILK oS,, 's;f y Q,f(,y

N G ) % > Secretary of the Comission 4

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- Dated at' Washington, DC

' this day of June, 1985.

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