ML20209H881
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| ML20209H881 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 09/12/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | COALITION FOR ALTERNATIVES TO SHEARON HARRIS, CONSERVATION COUNCIL OF NORTH CAROLINA, EDDLEMAN, W. |
| References | |
| CON-#386-670 OL, NUDOCS 8609160062 | |
| Download: ML20209H881 (2) | |
Similar Documents at Harris | |
|---|---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217L8481999-10-25025 October 1999
[Table view]NRC Staff First Supplemental Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Objects to Document Request as Being Overly Broad & Unduly Burdensome. with Certification of Svc ML20217H9661999-10-20020 October 1999 NRC Staff Second Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Listed Documents Requested to Be Produced.With Certificate of Svc. Related Correspondence ML20217E0881999-10-18018 October 1999 Order (Granting Discovery Extension Request).* Board of Commission of Orange County 991013 Motion for Extension of 991031 Discovery Deadline,Granted,In That Parties Shall Have Up to 991104.With Certificate of Svc.Served on 991018 ML20217F7711999-10-17017 October 1999 Corrected Notice of Deposition of SE Turner.* Orange County Gives Notice That on 991104 Deposition Upon Oral Exam of Turner Will Be Deposed with Respect to Contention TC-2. Related Correspondence ML20217F7681999-10-17017 October 1999 Orange County Third Set of Discovery Requests to NRC Staff.* Submits Third Set of Discovery Requests & Requests Order by Presiding Officer That Discovery Be Answered within 14 Days. with Certificate of Svc.Related Correspondence ML20217D6181999-10-14014 October 1999 Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence ML20217E2611999-10-13013 October 1999 Orange County Second Suppl Response to Applicant First Set of Discovery Requests & First Suppl Response to NRC Staff First Set of Discovery Requests.* Clarifies That G Thompson Sole Witness.With Certificate of Svc.Related Correspondence ML20217E2581999-10-13013 October 1999 Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc ML20217E1461999-10-13013 October 1999 Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence ML20217D5561999-10-13013 October 1999 Applicant Second Set of Discovery Requests Directed to Board of Commissioners of Orange County.* Applicant Requests Answers to Listed Interrogatories & Requests for Admission. with Certificate of Svc.Related Correspondence ML20217D5761999-10-13013 October 1999 Applicant Third Supplement Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Provides Addl Responses to General Interrogatory 3.With Certificate of Svc.Related Correspondence ML20217D6201999-10-12012 October 1999 NRC Staff Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Will Respond to Applicant Specific Requests within 30 Days of Receipt of Applicant Requests.With Certificate of Svc.Related Correspondence ML20217D5661999-10-12012 October 1999 NRC Staff First Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Supplements Response by Naming C Gratton as Person Likely to Provide Affidavit.With Certificate of Svc.Related Correspondence ML20212M0271999-10-0707 October 1999 Notice (Opportunity to Make Oral or Written Limited Appearance Statements).* Board Will Entertain Oral Limited Appearance Statements Re CP&L 981223 Amend Request. with Certificate of Svc.Served on 991007 ML20212L1441999-10-0505 October 1999 NRC Staff Response to Orange County First Set of Discovery Requests to NRC Staff.* Staff Is Now Voluntarily Providing Responses to Orange County'S Request for Production of Documents.With Certificate of Svc.Related Correspondence ML20212J0801999-09-29029 September 1999 Orange County Second Set of Document Requests to NRC Staff.* Submits Second Set of Document Requests to NRC Pursuant to 10CFR2.744 & Board Memorandum & Order,Dtd 990729.With Certificate of Svc.Related Correspondence ML20212G0001999-09-24024 September 1999 Applicant First Set of Discovery Requests Directed to NRC Staff.* Requests Access to Documents Given to Board of Commissioners by Staff Pursuant to 990920 Discovery Request. with Certificate of Svc.Related Correspondence ML20212G0081999-09-24024 September 1999 Applicant First Suppl Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Suppl Provides Addl Responses to General Interrogatories 2 & 3. with Certificate of Svc.Related Correspondence ML20212D7151999-09-20020 September 1999 Applicant Response to General Interrogatories & General Document Requests in NRC Staff First Set of Discovery Requests.* CP&L Filing Responses Per Staff Request within 14 Days....With Certificate of Svc.Related Correspondence ML20212D8521999-09-20020 September 1999 Orange County First Set of Discovery Requests to NRC Staff Including Request for Order Directing NRC Staff to Answer Certain Discovery Requests.* with Certificate of Svc. Related Correspondence ML20212C1231999-09-17017 September 1999 Orange County Responses to Applicant First Set of Document Production Request.* Orange County Has No Documents Responsive to Request.With Certificate of Svc.Related Correspondence ML20211N7481999-09-10010 September 1999 NRC Staff First Set of Discovery Requests Directed to Applicant Cp&L.* Staff Requests Applicant Produce All Documents Requested by & Provided to Bcoc. with Certificate of Svc.Related Correspondence ML20211N5021999-09-0808 September 1999 Orange County Objections & Responses to NRC Staff First Set of Discovery Requests.* County Objects to Questions to Extent That Staff Seek Discovery Beyond Scope of County Two Contentions.With Certificate of Svc.Related Correspondence ML20211M4201999-09-0707 September 1999 Applicant Response to Specific Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc.Related Correspondence ML20211M5001999-09-0303 September 1999 Orange County Supplemental Response to Applicant First Set of Interrogatories.* with Certificate of Svc.Related Correspondence ML20211H4931999-08-30030 August 1999 Orange County Objections to Applicant First Set of Discovery Requests & Response to Applicant First Set of Interrogatories.* Objects to First Set of Discovery Requests.With Certificate of Svc.Related Correspondence ML20211B7951999-08-23023 August 1999 NRC Staff First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* Staff Requests That Bcoc Produce All Documents Requested by Applicant. with Certificate of Svc.Related Correspondence ML20211B8361999-08-23023 August 1999 Applicant Response to General Interrogatories & General Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc. Related Correspondence ML20210T3531999-08-16016 August 1999 Applicant First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* CP&L Requests That Bcoc Answer Listed General Interrogatories by 990830. with Certificate of Svc.Related Correspondence ML20210L9571999-08-0606 August 1999 Orange County First Set of Discovery Requests Directed to Applicant.* Interrogatories & Document Production Requests Cover All Info in Possession,Custody & Control of Cp&L.With Certificate of Svc.Related Correspondence ML20216E2041999-07-29029 July 1999 Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730 ML20210B2271999-07-21021 July 1999 Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc ML20209G7371999-07-16016 July 1999 Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716 ML20209D1791999-07-12012 July 1999 Memorandum & Order (Ruling on Standing & Contentions).* Grants Petitioner 990212 Hearing Request Re Intervention Petition Challenging CP&L 981223 Request for Increase in Sf Storage Capacity.With Certificate of Svc.Served on 990712 ML20212J5831999-07-0101 July 1999 Notice of Appearance.* Informs That SL Uttal Will Enter Appearance in Proceeding Re Carolina Power & Light Co.Also Encl,Notice of Withdrawal for ML Zobler,Dtd 990701. with Certificate of Svc ML20196A8751999-06-22022 June 1999 Order (Corrections to 990513 Prehearing Conference Transcript).* Proposed Corrections to Transcript of Board 990513 Initial Prehearing Conference Submitted by Petitioner & Application.With Certificate of Svc.Served on 990622 ML20207D6991999-05-27027 May 1999 Orange County Proposed Corrections to Transcript of 990113 Prehearing Conference.* Orange County Submits Proposed Corrections to Transcript of Prehearing Conference of 990513.With Certificate of Svc ML20207D6651999-05-27027 May 1999 Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc ML20207D6891999-05-27027 May 1999 Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc ML20206R8731999-05-20020 May 1999 Memorandum & Order (Transcript Corrections & Proposed Restatement of Contention 3).* Any Participant Wishing to Propose Corrections to Transcript of 990513,should Do So on or Before 990527.With Certificate of Svc.Served on 990520 ML20206R2411999-05-13013 May 1999 Transcript of 990513 Prehearing Conference in Chapel Hill,Nc Re Carolina Power & Light Co.Pp 1-176.Supporting Documentation Encl ML20206H9331999-05-11011 May 1999 Notice (Changing Location & Starting Time for Initial Prehearing Conference).* New Location for Conference, Southern Human Resources Ctr,Main Meeting Room,Chapel Hill, Nc.With Certificate of Svc.Served on 990511 ML20206G4051999-05-0505 May 1999 Applicant Answer to Petitioner Board of Commissioners of Orange County Contentions.* Requests That Technical Contentions in Section III & Environ Contentions in Section IV Not Be Admitted.With Certificate of Svc ML20206F9491999-05-0505 May 1999 NRC Staff Response to Orange County Supplemental Petition to Intervene.* None of Petitioner Proposed Contentions Meet Commission Requirements for Admissible Contention.Petitioner 990212 Request Should Be Denied.With Certificate of Svc ML20206A0851999-04-22022 April 1999 Erratum to Orange County Supplemental Petition to Intervene.* Citation to Vermont Yankee LBP-87-17,should Be Amended to Read Vermont Yankee Nuclear Power Co (Vermont Yankee Nuclear Power Station).With Certificate of Svc ML20205Q8121999-04-21021 April 1999 Order (Granting Motion to Relocate Prehearing Conference).* Initial Prehearing Conference Will Be Held in District Court of Orange County Courtroom,Chapel Hill,Nc on 990513 as Requested.With Certificate of Svc.Served on 990421 ML20196K8771999-04-0505 April 1999 Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding ML20196K8861999-04-0505 April 1999 Declaration of Gordon Thompson.* Informs of Participation in Preparation of Orange County Contentions Re Proposed License Amend ML20205E3101999-04-0101 April 1999 Memorandum & Order (Protective Order).* Grants 990326 Motion of Petitioner for Approval of Proposed Protective Order to Govern Use & Dissemination of Proprietary or Other Protected Matls.With Certificate of Svc.Served on 990203 ML20196K9041999-03-31031 March 1999 Declaration of DA Lochbaum,Nuclear Safety Engineer Union of Concerned Scientists,Re Technical Issues & Safety Matters Involved in Harris Nuclear Plant License Amend for Sfs.* with Certificate of Svc 1999-09-08 Category:ORDERS MONTHYEARML20217E0881999-10-18018 October 1999
[Table view]Order (Granting Discovery Extension Request).* Board of Commission of Orange County 991013 Motion for Extension of 991031 Discovery Deadline,Granted,In That Parties Shall Have Up to 991104.With Certificate of Svc.Served on 991018 ML20216E2041999-07-29029 July 1999 Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730 ML20209D1791999-07-12012 July 1999 Memorandum & Order (Ruling on Standing & Contentions).* Grants Petitioner 990212 Hearing Request Re Intervention Petition Challenging CP&L 981223 Request for Increase in Sf Storage Capacity.With Certificate of Svc.Served on 990712 ML20196A8751999-06-22022 June 1999 Order (Corrections to 990513 Prehearing Conference Transcript).* Proposed Corrections to Transcript of Board 990513 Initial Prehearing Conference Submitted by Petitioner & Application.With Certificate of Svc.Served on 990622 ML20206R8731999-05-20020 May 1999 Memorandum & Order (Transcript Corrections & Proposed Restatement of Contention 3).* Any Participant Wishing to Propose Corrections to Transcript of 990513,should Do So on or Before 990527.With Certificate of Svc.Served on 990520 ML20205Q8121999-04-21021 April 1999 Order (Granting Motion to Relocate Prehearing Conference).* Initial Prehearing Conference Will Be Held in District Court of Orange County Courtroom,Chapel Hill,Nc on 990513 as Requested.With Certificate of Svc.Served on 990421 ML20205E3101999-04-0101 April 1999 Memorandum & Order (Protective Order).* Grants 990326 Motion of Petitioner for Approval of Proposed Protective Order to Govern Use & Dissemination of Proprietary or Other Protected Matls.With Certificate of Svc.Served on 990203 ML20204C3151999-03-19019 March 1999 Order (Granting Extension Request).* Board of Commissioners of Orange County 990317 Motion to Extend Date for Filing Protective Order Granted.With Certificate of Svc. Served on 990319 ML20207G2591999-03-11011 March 1999 Order (Schedule for Responses to Motion to Relocate Prehearing Conference).* Responses to Change Location of Initial Prehearing Conference Shall Be Filed on or Before 990316.With Certificate of Svc.Served on 990311 ML20210N4821987-02-0909 February 1987 Order.* Denies Motion for Stay of ASLB 861231 Final Decision.Served on 870210 ML20207L9061987-01-0909 January 1987 Order CLI-87-1.* Order Granting Issuance of Full Power OL to Applicant.Served on 870112 ML20214T2511986-12-0505 December 1986 Memorandum & Order Denying W Eddleman Request for Hearing on Util Exemption Request from Full Participation Exercise within 1 Yr Prior to OL Issuance.Served on 861205 ML20215L8411986-10-28028 October 1986 Order Extending Time Until 861031 for Commission to Act to Review ALAB-843.Served on 861028 ML20215H5811986-10-21021 October 1986 Order Extending Time Until 861028 for Commission to Act to Review ALAB-843.Served on 861022 ML20211C0971986-10-16016 October 1986 Memorandum & Order Denying Coalition for Alternatives to Shearon Harris,W Eddleman & Conservation Council of North Carolina 860915 Motion to Reopen Record in OL Proceeding.Served on 861017 ML20214R6211986-09-24024 September 1986 Order Extending Time Until 861013 for Util to Respond to Commission 860912 Order.Served on 860924 ML20209J2601986-09-15015 September 1986 Order Extending Time Until 861024 for Commission to Act to Review ALAB-843.Served on 860915 ML20209H8811986-09-12012 September 1986 Order Denying W Eddleman/Conservation Council of North Carolina 860609 Request for Stay of All Power Operations Authorized by Aslb.Eddleman/Coalition for Alternatives to Shearon Harris 860804 Petition Also Denied.Served on 860912 ML20209H9661986-09-12012 September 1986 Order for W Eddleman & Coalition for Alternatives to Shearon Harris to File Brief Identifying Matl Issues of Fact Re Emergency Exercise by 860929.Response by Util & NRC Should Be Filed by 861006 & 09,respectively.Served on 860912 ML20209A7711986-09-0505 September 1986 Order Extending Time Until 860912 for Commission to Act to Review ALAB-837.Served on 860905 ML20203L9341986-08-29029 August 1986 Order Extending Time Until 860919 for Commission to Act to Review Aslab 860711 Order.Served on 860829 ML20203K0611986-08-0404 August 1986 Order Extending Time for Commission to Review ALAB-837 Until 860905.Served on 860805 ML20202F9521986-07-11011 July 1986 Memorandum & Order Advising That Coalition for Alternatives to Shearon Harris Improper Party to Seek Stay of Any ASLB Action in OL Proceeding,Due to Denial of Intervention Petition.Motion Denied.Served on 860711 ML20199K5791986-07-0808 July 1986 Order Requiring Applicant to File Update to on Present Status of Offsite Emergency Planning by 860718.All Other Parties Wishing to Respond Are to Do So by 860725. Served on 860708 ML20206P5621986-06-30030 June 1986 Order Extending Time Until 860807 for Commission to Review ALAB-837.Served on 860630 ML20199B1651986-06-13013 June 1986 Memorandum & Order Rejecting Conservation Council of North Carolina & W Eddleman 860422 Late Proposed Contention Re Alleged Falsification of Radiation Exposure Records.Served on 860613 ML20198E3601986-05-22022 May 1986 Memorandum & Order Declining Consideration of Confidential Alleger Concerns,Rejecting Sua Sponte Harassment Contention Possibility & Providing Limited Opportunity to Obtain Alleger Consent.Related Info Encl.Served on 860523 ML20198E0341986-05-20020 May 1986 Order Extending Time Until 860609 in Which to File Comments Per 10CFR2.764(f).Served on 860521 ML20197G8191986-05-14014 May 1986 Order Directing Reply by 860526 to Applicant & Staff 860508 & 13 Motions,Respectively,Responding to Joint Intervenor Request for Admission of Proposed Contention WB-4.Served in May 1986 ML20203L5491986-04-25025 April 1986 Order Forwarding Advance Courtesy Copy of Board Final Decision for Info Only in Proceeding.Decision Should Only Be Discussed W/Other recipients,co-counsel & Clients.W/O Encl. Served on 860429 ML20138B0061986-03-19019 March 1986 Order Granting Applicant Motions for Summary Disposition of Eddleman Contentions EPX-2 & EPX-8.Eddleman Motion to Reconsider Rejection of Contention EPX-5 Denied.Served on 860319 ML20137X2061986-03-0303 March 1986 Order Granting Applicant Motion for Extension of Time Until 860317 to File Brief.Nrc Brief Shall Be Filed by 860327. Served on 860304 ML20140C6401986-01-24024 January 1986 Order Setting Dates for Prehearing Filings & Hearing Re Eddleman Contention 57-C-3.Discovery Dispute Between Eddleman & FEMA Will Be Resolved in Futher Telcon ML20137J3161986-01-16016 January 1986 Memorandum & Order Reopening Record on Eddleman Contention 57-C-3 Based on Gaps & Ambiguities Re Number of People Who Would Be Alerted by Sirens in Different Parts of Emergency Planning Zone.Served on 860117 ML20212H8201986-01-10010 January 1986 Order Re Ex Parte Communication from P Miriello.Ltr Being Served on Counsel for Parties in Drug Contention WB-3. Objections to Making Ltr Publicly Available Must Be Received by 860124 ML20136J4591986-01-0909 January 1986 Order Advising That Supplemental Briefs,Addressing Listed Questions Re Consolidated Appeal of Board 850220 Partial Initial Decision,Must Be Filed by 860127.Served on 860110 ML20141F8131986-01-0707 January 1986 Memorandum & Order Denying Eddlemen 850301 Motion for Reconsideration & Rejecting Revised Contention Re Medical Svc Proffered in 851223 Response.Served on 860108 ML20138R1181985-12-26026 December 1985 Order Requesting Tech Specs for Sirens & Recording of siren- Produced Sound Levels at Any Location in Emergency Planning Zone Where Peak Sound Levels Are 80 Dbc & Where Length Is 5 Minutes or More.Served on 851227 ML20138P4851985-12-19019 December 1985 Order Scheduling Oral Argument on Joint Intervenors Appeal of ASLB 850820 Partial Initial Decision,On 860205 in Bethesda,Md.Name of Counsel for Each Party Requested by 860124.Served on 851220 ML20137Z3331985-12-0909 December 1985 Order Re Eddleman Motion to Reconsider Contention 57-C-7 Concerning Arrangements for Medical Svcs.If Eddleman Wishes to Press Motion,Parties Should File Pleadings on Listed Dates.Served on 851210 ML20138R9891985-11-15015 November 1985 Order Reflecting Cancellation of Unit 2 Effective 831221. Served on 851115 ML20138N1341985-10-31031 October 1985 Order Denying Applicant 851025 Motion to Strike Section III of Conservation Council of North Carolina,W Eddleman & Joint Intervenors 851008 Brief.Served on 851101 ML20138H2541985-10-25025 October 1985 Order Extending Time Until 851122 for Util to File Brief. NRC Brief Shall Be Filed No Later than 851202.Served on 851025 ML20137P9931985-09-18018 September 1985 Order Confirming Procedures Established on 850913 for 850930 Bifurcated Hearing on Contention WB-3 Re Drug Use.Served on 850919 ML20135C0291985-09-0909 September 1985 Memorandum & Order Denying FOIA Request for Confidential Documents,Including Qa/Qc Const Inspector Review Panel Rept & Documents Re Quality Check Program,Per 10CFR2.790.Served on 850909 ML20134N5271985-09-0303 September 1985 Concluding Partial Initial Decision LBP-85-35 on Emergency Planning Hydrogen Control & Diesel Generator Contentions & Authorizing NRR to Issue OLs W/Listed Conditions.Served on 850904 ML20133L9081985-08-0909 August 1985 Order Amending Filing & Hearing Dates for Conservation Council of North Carolina Contention WB-3 & Eddleman Contention 57-C-3.Served on 850809 ML20132F3991985-07-15015 July 1985 Order Allowing Counsel for Eddleman to File Response to 850711 Applicant Pleading Opposing Eddleman Request for Production of Certain Documents Under Foia,Per 850715 Discussion.Served on 850717 ML20127K6581985-06-25025 June 1985 Order Directing Each Party to Inform Board by 850819 of Name of Counsel Presenting Oral Argument on 850828 Re Appeal of ASLB 850220 Partial Initial Decision.Served on 850625 ML20126B9551985-06-12012 June 1985 Memorandum & Order Dismissing Eddleman Contentions 41-G Re Alleged Harassment of C Van Vo & 227-CC Re Emergency Planning.Served on 850613 1999-07-29 |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~86 SEP 12 M1:06 COMISSIONERS:
OFFILE CF iiiAt im 90CMETt r P vicf.
Lando W. Zech, Jr., Chairman Thomas M. Roberts James K. Asselstine Frederick M. Bernthal Kenneth M. Carr SERVED SEP 121986 In the Matter of CAROLINA POWER & LIGHT COMPANY '
and NORTH CAROLINA EASTERN Docket No. 50-400 OL MUNICIPAL POWER AGENCY ,
.E (Shearon Harris Nuclear Power Plant)i
- ORDER There are two motions pending before the Comission in this proceeding. On June 9, 1986, Wells Eddleman, thr. Conservation Council of North Carolina (CCNC), and Joint Intervenors filed "Coments on Imediate Effectiveness Review" and moved the Comission to stay all power operations authorized by the Licensing Board. On August 4, 1986 Eddleman and the Coalition for Alternatives to Shearon Harris (CASH) petitioned the Comission to review a July 11, 1986 Appeal Board order denying CASH's motion to intervene and a June 9, 1986 stay motion filed by CASH and Eddleman. The Comission has decided not to review the Appeal Board's July 11 order, and now denies the June 9, 1986 stay request.
The stay request, which consists of one paragraph which incorporates by reference numerous other documents, was purportedly
$80 ODIk00 @0 O S o .2.
2 filed under 10 C.F.R. 2.764. That section does not authorize the filing of stay requests, and does not apply to operation below 5% power. The request to stay operation at all power levels is therefore denied. The Comission will consider the "Coments on Imediate Effectiveness" in its regular imediate effectiveness review.1 It is so ORDERED.
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D j / SNIVEL J THILK -?*
4 g f' Secretary of the Comission Dated at Washington, D.C.
thisI dayof_bPt 1986.
1 1f the stay request is considered as bein filed under 10 C.F.R. 2.788,itshouldhavebeenfiledwiththeAppea$ Board,notthe Comission. Moreover, it fails to address the stay criteria in 10 C.F.R. 2.788(e), see philadelphia Electric Co. (Limerick Generating Station, Units 1 and YT, CLI-86-6, 23 NRC 130,134 (1986) and fails to show any irreparable injury or any likelihood of success on the merits.
- 2. Commissioner Asselstine was absent for the affirmation of this order, if he had been present he would have approved.
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