ML20212A742

Order Denying Rl Anthony/Friends of the Earth Request for Stay,Due to Commission Declining Review of ALAB-836.Served on 860725

ML20212A742
Person / Time
Site:	Limerick
Issue date:	07/24/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	ANTHONY, R.L., FRIENDS OF THE EARTH
References
CON-#386-119 ALAB-836, OL, NUDOCS 8607290115
Download: ML20212A742 (2)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION COLME TEC:

U'iNRC COMISSIONERS:

Lando W. Zech, Jr., Chairman 86 JL 24 P4 47 Thomas M. Roberts James K. Asselstine OFFICE OF inu,u y Frederick M. Bernthal 00CMEI E,act In the Matter of l SERVED Juli?Ti986

)

PHILADELPHIA ELECTRIC COMPANY )

(Limerick Generating Station, ) Docket Nos. 50-352 0L Units 1 and 2) ) 50-353 0L

)

)

ORDER The Philadelphia Electric Company and Robert Anthony / Friends of the Earth ("F0E") petitioned the Commission to review ALAB-836, 23 NRC ( May 7, 1986). As part of its petition Anthony /F0E asked the Commission to stay operation of Limerick Unit 1. The Commission has decided not to take review of ALAB-836 and now denies the stay request.

In its stay request Anthony /F0E argue that the Atomic Safety and Licensing Appeai Board erred in finding offsite emergency planning (except for that relating to the Graterford Correctional Institute which has not yet been addressed by the Appeal Board) adequate,for the Limerick facility.

In addressing stay requests the Comission applies four criteria (1) whether the moving party has made a strong showing that it is likely to prevail on the merits (2) whether the party will be irreparably injured l l

unless a st'ay is granted (3) whether the granting of a stay would harm )

1 other parties, and (4) where the public interest lies. 10 C.F.R. l 92.788(e).

$%87"ES 0 Nh2 3 502-

f 2

In this case by declining review of ALAB-836 the Commission has rejected Anthony /F0E's claims on the merits. Moreover, Anthony /F0E have failed to establish that they will be irreparably harmed by the continued operation of Limerick Unit 1. The other criteria similarly weigh against petitioner. Under the circumstances, denial of the stay request is appropriate.

It is so ORDERED.

p n . ., , For the Commission, 8 'I

/

g ,s

$ ,$Vh m Ws %  ;;

\i n b > L_.

• p%:] SAMUEL J.)CHILK

%';# 4 cretary of the Commission

,?

We'kM%

Dated at Washington, D.C.

this D day of G A 1986

/

l l

!