ML20138R133
| ML20138R133 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 12/26/1985 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| CON-#485-592 OL, NUDOCS 8512300449 | |
| Download: ML20138R133 (2) | |
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d UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMICSAFETYANDLICENSINGAPPEALBdkkh Administrative Judges:
'85 DEC 26 Alan S.
Rosenthal, Chairman December 2,Idh85 Dr. W. Reed Johnson cgr.
CCchrfpf f 'i Thomas S.
Moore 3.-
l Bd!!c SERVED DEC 2 C 1985
)
In the Matter of
)
)
TEXAS UTILITIES ELECTRIC
) Docket Nos. 50-445 OL gpWWpt COMPANY, et al.
)
50-446 OL #4GRER
)
(Comanche Peak Steam Electric )
Station, Units 1 & 2)
)
)
MEMORANDUM AND ORDER In a telephone conference on December 24, 1985, the parties to this operating license proceeding were advised that the Docket 2 Licensing Board was being dissolved.1 As a result of this action, all further exploration of the intervenor's Contention 5 will be conducted by a single (i.e. the Docket 1) Licensing Board.
-This development plainly renders academic the applicants' petition for directed certification of the Licensing Board's October 31, 1985 order.
The sole relief sought by that petition was an order instructing the Docket 1 and Docket 2 Licensing Boards "to conduct their activities 1 Our unpublished December 23, 1985 order had called upon that Board to consider expeditiously whether such a step was warranted.
We commend the Board for its immediate response to the order.
8512300449 851226 PDR ADOCK 05000445
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2 as separate entities within their respective jurisdictions and to rule accordingly."
Moreover, in a subsequent memorandum, the applicants characterized their petition as raising "the fundamental question of the scope of the respective jurisdictions of the two separate Licensing Boards sitting in the two dockets in this matter."3 That question no longer exists.
Accordingly, our December 4, 1985 order scheduling oral argument on the directed certification petition for January 3,
1986 is hereby vacated and the petition dismissed on the ground of mootness.
It is so ORDERED.
FOR THE APPEAL BOARD b.
M e_
C. JMan Shoemaker Secr&ary to the Appeal Board 2 Applicants' Petition for Directed Certification of Licensing Board Order of October 31, 1985 (November 4, 1985) 1 at 12.
3 Applicants' Memorandum in Response to Appeal Board Order of November 8, 1985 (November 14, 1985) at 1.
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