ML20206D613

Order Dismissing San Luis Obispo Mothers for Peace & Sierra Club Pleading for Stay of Commission 860530 Issuance of License Amends to Permit Reracking of Spent Fuel Pool. Request Should Be Directed to Commission.Served on 860619

ML20206D613
Person / Time
Site:	Diablo Canyon
Issue date:	06/18/1986
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	SAN LUIS OBISPO MOTHERS FOR PEACE, Sierra Club
References
CON-#286-650 OLA, NUDOCS 8606200107
Download: ML20206D613 (3)

Text

F go , m o  %

p Mcum g

1. ' i- UNITED STATES OF AMERICA- .

UUN191986*-ih

^-

gggt{G.i , ;//

NUCLEAR REGULATORY COMMISSION

,pd

1. SECY.L ATOMIC SAFETY AND LICENSING APPEAL BOA  ;

~

Administrative Judges:

Christine N. Kohl, Chairman June 18, 1986

~

Gary J. Edles Dr. Reginald L. Gotchy

) , M In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275-OLA

) and 50-323-OLA (Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) )

)

ORDER Late yesterday afternoon we received an application for stay from the San Luis Obispo Mothers for Peace (SLOMFP) and the Sierra Club, Santa Lucia Chapter. The pleading is styled "Before the Atomic Safety and Licensing Appeal Board" and (at p. 10) expressly asks the " Appeal Board to stay the effectiveness of [certain] decisions and license amendments." Letters accompanying the stay request, however, are directed to the Commission itself and the Licensing Board and ask those entities to act on the stay by close of business today. The action that SLOMFP and the Sierra Club seek to have stayed is the Commission's May 30, 1986, issuance of license amendments permitting the reracking of the spent fuel pool at the Diablo Canyon nuclear power plant. This action followed the Commission's determination, pursuant to 10 C.F.R. S 50.92, 51 Fed. Reg.

8606200107 860618 PDR ADOCK 05000275 G PDR

/ 2 A' 1, .

. ~;

~'

7767 (1986), that "no significant hazards" are involved in this procedure, and that any hearing concerning this matter will be held subsequently.1 51 Fed. Reg. 20,725-26 (1986).

~

~

The application for stay is dismissed. Under 10 C.F.R.

S 2.788, an appeal board is empowered to entertain stays j from licensing board or appeal board action. No such board i

action or decision is cited by SLOMFP and the Sierra Club or is involved here. Rather, it is essentially the Commission's no significant hazards determination about which the petitioners complain. The Commission's no significant hazards regulations contain no provision for the appeal board stay action requested in this case. See 10 C.F.R. SS 2.105, 50.57, 50.91, 50.92, 51 Fed. Reg. 7764-67.

Any request for a stay of a license amendment issued by the Commission pursuant to 10 C.F.R. S 50.92 should be directed to the Commission itself.

I 1

A licensing board has been established for this purpose and has already held a prehearing conference at l which SLOMFP and the Sierra Club participated.

2 Because the application for stay was apparently i delivered by courier to the Commission (as well as the I Licensing Board) on June 16, 1986, we need not refer it to the Commission.

i l

-. __. . . - - . .. . - . - - . . . . . . . ~ . - - . . - ._ . . . . . ~ - - . . . - . - - . . - - . . . _.- . . - . . . .

i ,

l

/ 3 I 4

v ,- . l

, ~,

' ' ~

. It is so ORDERED.

FOR THE APPEAL BOARD

. n oema er Secrnary to the

- Appeal Board k

6 4

b

.