ML20196A414

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Order (Granting Licensee & Petitioner Joint Motion to Stay Proceedings).* Joint Motion Granted & Proceedings Stayed for 90 Days Unless Stay Earlier Dissolved as Provided in Paragraph 8 of Stipulation.Served on 880622
ML20196A414
Person / Time
Site: Berkeley Research Reactor
Issue date: 06/22/1988
From: Wolfe S
Atomic Safety and Licensing Board Panel
To:
BERKELEY, CA, CALIFORNIA, UNIV. OF, BERKELEY, CA
References
CON-#288-6567 88-574-07-OLA, 88-574-7-OLA, OLA, NUDOCS 8806300035
Download: ML20196A414 (2)


Text

_ _____ __ __ ______ ___

4547 CCt.KC ti"!.

UNITED STATES OF AMERICA U5NFC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '88 JN 22 P2 :35 Before Administrative Judges: Ontet y m % ,

Sheldon J. Wolfe, Chairman 00cnE1:nc s sury;ct~

Glenn 0. Bright BRANC" James H. Carpenter SYRYio Jun 22 Iggg

) Docket Nos. 50-224-0LA In the Matter of ) (Research Reactor)

UNIVERSITY OF CALIFORNIA, ASL8P No. 88-574-07-OLA BERKELEY. )

) June 22, 1988 ORDER (Granting Licensee's and Petitioner's Joint Motion To Stay Proceedings)

Under date of June 20, 1988, the Licensee (the University of California, Berkeley) and the Petitioner (tha City of Berkeley)1 filed a Joint Motion To Stay Proceedings For 90 Days.2 As part of that joint motion, the movants stipulated in substance that within that time frame they would pursue settlement of this litigation. Said movants represent that the NRC Staff does not object to the granting of the joint motion.

1 Pursuant to 10 C.F.R. 62.714, until such time as the City of Berkeley files a supplement to its petition listing its contentions and until one (or more) of its contentions is admitted by this Board as an issue in controversy, the City has not been accorded a party-intervenor status and is recognized only as a petitioner.

2 Contrary to the directive in the Memorandum and Order of May 25, 1988, the person appearing in a representative capacity for the Licensee has not filed a written notice of appearance.

8806300035 800620 PDR APOCK 05000224 G PDR D

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x-Cl. b .: . 'n' Paragraph 8 of the stipulation incorporated into the joint motion reads as follows:

In the event a settlement is not achieved Intervenor's supplement to its petition shall be served and filed ninety (90) days from the date the Order on this joint motion is executed or within thirty (30) days of written notice from Licensee's counsel to Intervenor's counsel reinstating the time limits otherwise applicable, whichever first occurs.

The service and filing of the supplement to the petition for leave to intervene listing Intervenor's contentions, either upon written notice by Licensee's counsel or, in the absence thereof, in Intervenor's discretion, shall serve to dissolve the stay of proceedings and to reinstate all time limits which are otherwise applicable including, but not limited to, the time period for Licensee and the staff to file their answers.

The joint motion is granted, and the proceedings are stayed for a period of ninety days unless the stay is earlier dissolved as provided in paragraph 8 of the stipulation.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD hOM SheldonJ.(Eplfe, Chairman ADMINISTRATI/E JUDGE Dated at Bethesda, Maryland this 22nd day of June,1988.

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