ML20207Q329

Order.* ASLB 861223 Concluding Partial Initial Decision on LBP-86-41 Proceeding Null & Void.Aslb Lacked Authority to Impose Listed Condition.Opinion Explaining Decision Will Be Issued Early Next Wk.Served on 870120

ML20207Q329
Person / Time
Site:	Vogtle
Issue date:	01/16/1987
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	GEORGIA POWER CO., GEORGIANS AGAINST NUCLEAR ENERGY, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#187-2234 LBP-86-41, OL, NUDOCS 8701270171
Download: ML20207Q329 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'87 JE 20 P3 :01 ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges: f

[gCNT IIN BPANCe Gary J. Edles, Chairman January 16, 1987 Christine N. Kohl Howard A. Wilber SERVE 0 JAN 201987 In the Matter of )

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GEORGIA POWER COMPANY, ET AL. )

Docket Nos. 50-424-OL

) 50-425-OL (Vogtle Electric Generating )

Plant, Units 1 and 2) )

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ORDER On December 23, 1986, the Licensing Board issued its

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concluding partial initial decision in this proceeding.1 'It -

authorized the Director of Nuclear Reactor Regulation to issue a full power operating' license subject to the -

following condition:

As a condition precedent to the issuance of any operating licenses to the Applicants, it first must be determined by appropriate authority that the changed information contained in Applicants' i

letter of September 18, 1986 to the Appeal and Licensing Boards, pertaining to XLPO insulation i that contains vinyl acetate, does not lead to a l conclusion inconsistent with that of this Board on Contention 10.1 That conclusion is that Applicants have provided adequate assurance that certain polymer materials to be employed in components of the VEGP that perform safety related

, functions are environmentally qualified.

1 l l LBP-86-41.

l f 8701270171 B70116 gDR ADOCK 05000424 PDR b

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Late this afternoon, the Director of Nuclear Reactor Regulation asked us by telephone to clarify his authority to issue a low-power license in light of the Licensing Board's condition. Because the Licensing Board lacked authority to impose the condition,.it is null and void. Hence, there is no present bar to issuance of an operating license by the Director. An opinion explaining this decision will issue early next week.

It is so ORDERED.

FOR THE APPEAL BOARD c.CaWAd C. J qn Sh6emaker Secre(vary to the Appeal Board Mr. Wilber did not participate in this order.

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