ML20196D772

Motion to Continue Holding in Abeyance Aller Request for Hearing.* NRC Moves Licensing Board to Continue to Hold Matter in Abeyance Until 880222 to Allow Time for Parties to Resolve Matter W/O Hearing.W/Certificate of Svc

ML20196D772
Person / Time
Site:	Oyster Creek
Issue date:	02/12/1988
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5599 OM, NUDOCS 8802180058
Download: ML20196D772 (4)

Text

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February 12, 1988 i

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UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION OFFICE Gi SUAt.its*

BEFORE THE ATOMIC SAFETY AND LICENSING BOAMKII ffuy=Ch f ItvlCF  !

In the Matter of )

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GPU NUCLEAR CORPORATION ) Docket No. 50-219 OM

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(Oyster Creek Nuclear Generating 1 Station) )

MOTION TO CONTINUE HOLDING IN ABEYANCE ALLER REQUEST FOR HEARING

l. INTRODUCTION On November 5, 1987, the Commission issued a confirmatory order effective immediately to GPU Nuclear Corporation (Oyster Creek Nuclear j Generating Station). The order modified the operating license for Oyster Creek to require, among other things, that the Licensee prohibit any member of operating shift B who was on duty on September 11, 1987, from performing licensed duties unless the Licensee notifies and obtains the permission of the NRC Regional Administrator, Region I, prior to re-turning such a person to licensed duties. The order offered persons adversely affected an opportunity to request a hearing.

On December 4, 1987, Frank Aller, a member of operating shift B, requested a hearing. The licensee filed a response to Mr. Aller's request on December 21, 1987. On January 29, 1988, the Chief Administrative Judge, Atomic Safety and Licensing Board Panel, established an Atomic Safety and Licensing Board to rule on petitions to intervene and/or hear-8802180058 880212 PDR ADOCK 05000219 G PDR 01

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Ing requests and to preside over the proceeding in the event that"a hearing is ordered. 53 Federal Register 3475 (February 5,1988).

Previously, the Staff, representing itself and, by agreement with Counsel, Mr. Aller, requested that this matter be h, eld in abeyance until February 12, 1988, in an attempt to resolve the matter without the need for a hearing.

The Staff and Mr. Aller are continuing to attempt to resolve the matter without the need for a hearing.

II. THE MOTION Wherefore, the NRC staff moves the Licensing Board to continue to hold this matter in abeyance until February 22, 1988, to allow time for the parties to resolve this matter without the need for a hearing. Coun-sei for the Licensee and for Mr. Aller have Indicated to Staff counsel that they do not object to this motion.

1 RespectfulIy sutmltted, jdAA, ,

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! Ann P. Hodgdon l Counsel for WC Staf f Dated at Rockville, Marylend this 12th day of February,1988 l

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} DCLKETEl' ShHC a K-UNITED STATES OF AMERICA 4

, NUCLEAR REGULATORY COMMISSION 88 FEB 16 P3 :48 a

BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD g y g;;,hVKl e 00CKEiiHG A Sl BRtHCH in the Matter of ) ,

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GPU NUCLEAR CORPORATION ) Docket No. 50-219 OM (Oyster Creek Nuclear Generating ) i Station) )  ;

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CERTIFICATE OF SERVICE I hereby certify that copies of "MOTION TO CONTINUE HOLDING IN i ABEYANCE ALLER REQUEST FOR HEAPING" in the above-captioned "

proceeding have been served on the following by deposit in the United States mall, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 12th day of  %

'.![t February, 1988: g

. . A Helen F. Hoyt, Chairperson Elizabeth B. Johnson ,

h Adrainistrative Judge Administrative Judge i i Atomic Safety and Licensing Oak Ridge National Laboratory Hy.lA

': $ Board Panet P.O. Box X, Building 3500 "

" a U.S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 ,

Washington, D.C. 20555*

Freak F. Hooper John Wilson, Esq. j Administrative Judge CPU Nuclear Corporation 4 4155 Clark Road 1 Upper Pond Road i Ann Arbor, Michlaan 48104 Parsippany, NJ 07054 Richard W. Goldman, Esq. Thomas Baxter, Esq. j Hunton & Williams Shaw, Pittman, Potts & Trowbridge -

2000 Pennsylvania Avenue, N.W. 2300 "N" Street, N.W.

Washington, D.C. 20026 Washington, D.C. 20037 j Joseph Gallo, Esq. Docketing and Service Section d Hopkins & Sutter Office of the Secretary -

Suite 1250 U.S. Nuclear Regulatory Commission .

\"ashing ton, D.C. 20555*

1050 Connecticut Avenue, N.W.

Washington, D.C. 20036 m

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1 Atomic Safety and Licensing '

Board Panel .

U.S. Nuclear Regulatory Commission i Washington, D.C. 20555* ,

Atomic 1 Safety and Licensing Appeal Board Panel U.S. - Nuclear Regulatory Commission

• Washington, D.C. 20555* -

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Ann P. Hodgdon Counsel for NRC Staff (J r

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