ML20133F624

Order Denying Graterford Inmates & R Anthony/Friends of the Earth Requests That Commission Stay NRC Orders Authorizing Issuance of Full Power License.Served on 851010

ML20133F624
Person / Time
Site:	Limerick
Issue date:	10/10/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	FRIENDS OF THE EARTH, GRATERFORD INMATES
References
CON-#485-752 OL, NUDOCS 8510110157
Download: ML20133F624 (3)

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:

N Nunzio J. Palladino, Chairman Thomas M. Roberts James K. Asselstine Frederick M. Bernthal

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Lando W. Zech, Jr.

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In the Matter of )

) Docket Nos. 50-3520L PHILADELPHIA ELECTRIC COMPANY ) 50-3530L (Limerick Generating Station, )

Units 1 and 2)

ORDER In this decision, we address requests filed by inmates of the State Correctional Institute at Graterford (" inmates") and Robert Anthony / Friends of the Earth ("F0E") that the Commission stay operation of Orders issued by the NRC which authorize the issuance of a full-power license for Limerick, Unit 1. For the reasons set forth below, these requests are denied.

The inmates initially filed a stay request with the Appeal Board. The Appeal Board summarily denied that request on August 1, 1985 because the .

inmates had not addressed the stay criteria set forth in 10 C.F.R. l 2.788.

The inmates appealed that decision to the Commission, this time including a memorandum addressing the stay criteria.

The Connission finds that the Appeal Board properly denied the stay request. When a party fails to address the stay criteria set forth in 10 C.F.R. $ 2.788 summary denial of the stay request is the appropriate response. Although under the circumstances, we are not required to further 8510110157 851010 PDR C ADOCK 05000352 PUR

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l consider the inmate's appeal, we ronetheless reviewed the arguments raised l .

! in their submission to the Comission. The arguments they present in l l

support of a stay have previously been considered and rejected by both the Commission (See CLI-85-15, 22 NRC (August 8, 1985) and the United States Court of Appeals for the Third Circuit (Unpublished Order of August-21, 1985 entered in Thomas Martin v. NRC, et al., No. 85-3444). The inmates have not presented information which would cause the Commission to alter its earlier judgment. Accordingly, the inmates stay request is denied.

Anthony /F0E challenge the Commission's decision to issue ari exemption,,,

j to Philadelphia Electric Company ("PEC0") from the requirements of 10 C.F.R. Part 50, Appendix E, Section IV.F.1, a regulation which requires that a full participation emergency exercise be conducted within one year prior to the issuance of an operating license. Petitioners request that l

the Commission reconsider the grant of the exemption, hold an adjudicatory heat ing on the request, and not permit operation of the Limerick, Unit 1 above five percent power during the pendency of the hearing. We have reviewed petitioners' submission and find no new arguments which would c

warrant reconsideration of the issuance of the excmption.

Moreover, with respect to the request that en adjudicatory hearing be held on the exemption request, petitioners' request is untimely. On June 24, 1985, PEC0 filed a motion requesting the exemption. Anthony /F0E filed a response to the request on July 3, 1985. Although they opposed the  ;

exemption, they did not request an adjudicatory hearing. On July 25, 1985, the Counission issued an unpublished Order stating that PEC0's motion for i i

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3 an exemption "does not appear to require resolution of any issues currently being addressed in adjudicatory hearings and none of the pleadings filed in response to this motion indicate a need for an adjudicatory hearing."

Petitioners waived any right they might have to a hearing when they failed to request it in response to the June 24, 1985 PEC0 motion. Accordingly, ,

we find no basis to alter our earlier judgment. <

For the reasons set forth above, we find no basis for staying full-power operation of Limerick, Unit 1.

It is so ORDERED. i M o For the Comis onl/

s 4 D n%,. } .,

Samuel J. 1 411k' 0 ., d

- ' +0 Secretary of the Comission Dated at Washington, D.C.

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this lf ' day of October, 1985.

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Commissioner Asselstino was not present for the Commission vote on this order. If he had boon present, he would have approved.

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