ML20197G667

Memorandum & Order Denying 840308 Motion for Reconsideration of ASLB 830714 Order Rejecting Proposed Financial Qualifications Contention.Served on 840615

ML20197G667
Person / Time
Site:	South Texas
Issue date:	06/15/1984
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	Citizens Concerned About Nuclear Power, INC.
References
79-421-07-OL, 79-421-7-OL, OL, NUDOCS 8406180042
Download: ML20197G667 (2)

Text

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A UNITED STATES OF AMERICA [I((*[O NUCLEAR REGULATORY COMMISSION  ;

ATOMIC SAFETY AND LICENSING BOARD EN T3 pp,,I8 Before Administrative Judges kI's ..

Charles Bechhoefer, Chairman Dr. James C. Lamb Tik;7[O-WcN " '

Ernest E. Hill i SERVED JU?i l 51994

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In the Matter of ) ASLBP No. 79-421-07 OL HOUSTON LIGHTING AND Docket Nos. STN 50-498 OL POWER COMPANY, ET AL. ) STN 50-499 OL i

)

(South Texas Project ) June 15, 1984 i.

Units 1 and 2) )

) i MEMORANDUM AND ORDER (Denying Reconsideration of Earlier Rulings Rejecting Proposed Financial Oualifications Contention)

In our Memorandum and Order dated March 13, 1984, we indicated that, pending further guidance from the Commission, we would take no action on CCANP's March 8, 1984 motion seeking to have us reconsider our earlier rulings which denied admittance to this operating-license proceeding of a financial qualifications contention. Our earlier rulings had been based on the provision of the Commission's regulations <

which precluded litigation of financial qualifications contentions in t proceedings of this type. Subsequent to those earlier rulings, that provision was found by the U.S. Court of Appeals to have been improperly adopted by the Commission. New England Coalition on Nuclear Pollution

v. NRC, 727 F.2d 1127 (D.C. Cir. 1984). i 6406100042 840615 -

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The Commission has now issued a further Statement of Policy which makes it clear that financial qualifications contentions are to continue to be excluded from operating license proceedings. Financial Qualifications Statement of Policy, dated June 7, 1984, 49 Fed. Reg. 24111 (June 12, 1984). For that reason, we are denying CCANP's March 8, 1984 motion for reconsideration of our earlier financial qualifications rulings. If the Commission should modify its position to permit such contentions to be litigable in operating-license proceedings, we will entertain a further motion by CCANP on this question without further regard to its timeliness (as long as it is submitted within a reasonable time after CCANP becomes aware of any such policy change).

For the reasons stated, it is this 15th day of June, 1984 ORDERED That CCANP's Motion for Reconsideration of Board Memorandum and Order of July 14, 1983, is denied, without prejudice to its resubmittal under the conditions described above.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

, 1 Charles Bechhoefer, Chairman ADMINISTRATIVE JUDGE

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