ML20137F825

Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321

ML20137F825
Person / Time
Site:	Turkey Point, 05520726
Issue date:	03/21/1997
From:	Bloch P Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#297-18227 96-721-01-SP, 96-721-1-SP, SP, NUDOCS 9704010230
Download: ML20137F825 (3)

Text

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y. /7227 DOCKETED t

USNRC i March 21, 1997 Y ttAR 21 A10:05

~

UNITED STATES OF AMERICA d I

NUCLEAR REGULATORY COMMISSI9FFICE OF SECRETARY DOCKETING & SERVICE l ATOMIC SAFETY AND LICENSING BOARD PANE 8 RANCH l

l Before Administrative Judges:-

l. Peter B. Bloch, Presiding Officer Peter Lam, Special Assistant f In the matter of Docket No. 55'-2 07 2 6-S P -

I RALPH L. TETRICK Re: Operator License l

(Denial of Application for Reactor Operator License) ASLBP No. 96-721-01-SP i

l MEMORANDUM AND ORDER .

.(Grant of Housekeeping Stay) SERVED MAR 21 *.

This-morning-I received a telefax from the. Staff of the )

Nuclear Regulatory _ Commission requesting an extension of the housekeeping stay in effect in this case. The reason'for-the l request is that the Staff has received an E-mail-request from l I

me to answer two questions, but it would like to see M'r. Ralph I

l Tetrick's responses to its pending motions before it replies to my questions, i

Staff correctly argues that these responses should have ,

l  ?

been received . . by the parties on March - 18, 1997. However, 'l expecting that a Staff reply would not be required, I granted

! Mr. Tetrick's oral request to file by first class mail. To  ;

l d

V i 9704010230 970321 /

PDR ADOCK 05000250 l j O PDR l 4 ~~. - . , . . .- .:.- - . _- - .

l

e

. accommodate the Staff's legitimate needs to~see Mr. Tetrick's responses before answering my questions, the housekeeping stay shall be extended until the close of business on March 26, 1997.

Staff's response to my two questions may be filed by noon next I

Tuesday, March 25. The questions I huie posed are:

1. Is it appropriate to introduce new authority in a motion for reconsideration when that authority might have  !

been introduced into the proceeding prior to my first i decision?

1

2. Is Mr. Tetrick correct that the guidance contained in i NUREG-1021 Revision 8 is not applicable to the facts of  ;

this case?

ORDER For all the foregoing reasons and upon consideration of the entire record in this matter, it is this 21st day of March, 1997, ORDERED, that:

1. The effect of the Initial Decision is postponed until the close of business on March 26, 1997.

2. The Staff of the Nuclear Regulatory Commission may file its response to the questions I have posed to them by i serving the response on me so that it is received by noon on Wednesday, March 25, 1997. Other copies of the response may be .

served by first class mail. l l

i o i d b Peter B. Bloch Presiding Officer  !

Rockville, Maryland i

i

l UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION In the Matter of RALPH L. TETRICK Docket No.(s) 55-20726-SP .

(Denial of Senior Reactor Operator's License) t CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB GRANT OF HOUSEKEEPING STAY i have been served upon the following persons by U.S. mail, first class, except '

as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate Peter B. Bloch, Presid'g Ofer Adjudication Atomic Safety and Licensing Board  ;

U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Mitzi A. Young, Esq.

Peter S. Lam Sherwin E. Turk, Esq.

Special Assistant Office of the General Counsel Atomic Safety and Licensing Board Mail Stop 15 B18 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Reg'.:1 story Ccmission Washington, DC 20555 Washington, DC 20555 Ralph L. Tetrick 18990 SW 270 Street Homestead, FL 33031 1

Dated at Rockville, Md. this 21 day of March 1997 -

OfficeoftheyretaryoftheCommission l

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