ML20198C193

Order Directing Applicants to Supply Memorandum to Aslab on 851104 Petition for Directed Certification No Later than 851115.Served on 851108

ML20198C193
Person / Time
Site:	Comanche Peak
Issue date:	11/08/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
CON-#485-121 OL, OL-2, NUDOCS 8511120013
Download: ML20198C193 (2)

Text

' n, . _y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD.

b Administrative Judges:

Alan S. Rosenthal, Chairman November 8, 1985 Dr. W. Reed Johnson Ng)j Thomas S. Moore .,

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In the Matter of )

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TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445 OL & OL-2 COMPANY, _et _al. ) 50-446 OL & OL-2 (Comanche Peak Steam Electric )

Station, Units 1 and 2) )

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ORDER The applicants' petition for directed certification of the Licensing Board's October 2, 1985 order in this operating license proceeding is denied. See Arizona Public Service Co. (Palo Verde Nuclear Generating Station, Units 2 and 3), ALAB-742, 18 NRC 380, 383-84 and n.9 (1983).

On November 4, 1985, the applicants filed a second petition for directed certification, addressed to the Licensing Board's October 31, 1985 order. Two days later, on November 6, the Licensing Board issued a memorandum in which it proposed to require certain action on the part of the litigants in light of one of the concerns expressed by the applicants in this directed certification petition. It is not clear to us whether, and if so to what extent, the November 6 memorandum affects the second directed certification petition and the relief sought therein.

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2 Accordingly, the applicants are directed to supply a memorandum to this Board on the point no later than November 15, 1985. The time for the filing of the responses to the second directed certification petition shall not commence to run until the service of this memorandum.

It is so ORDERED.

FOR THE APPEAL BOARD

b. M &h C. JynShoemaker Secretary to the Appeal Board Dr. Johnson would grant the first request for relief set forth at page 16 of the applicants' petition for directed certification of the Licensing Board's October 2 order. To that extent, he dissents from the denial of that petition.

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