ML20214N390

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Amend to Concluding Partial Initial Decision.* Amends 870519 Concluding Initial Decision to Delete Limited Authorization Granted NRR to Issue License for Low Power Testing,Due to Issuance of LBP-87-13 on 870513.Served on 870526
ML20214N390
Person / Time
Site: Braidwood  Constellation icon.png
Issue date: 05/22/1987
From: Callihan A, Cole R
Atomic Safety and Licensing Board Panel
To:
References
CON-#287-3587 79-410-03-OL, 79-410-3-OL, LBP-87-13, LBP-87-14A, OL, NUDOCS 8706020159
Download: ML20214N390 (4)


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OCL KE T El-N'"LRP-87-14A UNITED STATES OF AMERICA 87 tiAY 26 All:38 NUCLEAR REGULATORY COPt11SSION ATOMIC SAFETY AND LICENSING B0/JKFw.E o : -..

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00CKEiUi'i 4 " Wilf.

8" Before Administrative Judges:

Herbert Grossman, Chainnan Dr. A. Dixon Callihan Dr. Richard F. Cole SERVED MAY 261987 In the Matter of Docket Nos. 50-456-OL

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50-457-OL COMONWEALTH EDISON COMPANY ASLBP No. 79-410-03-OL (Braidwood Station, Units 1 and 2)

May 22, 1987 AMENDMENT TO CONCLUDING PARTIAL INITIAL DECISION (Operating License)

The Order included in the Board's May 19, 1987 Concluding Initial Decision (Operating License) beginning at page 77, limited the authorization granted to the Director of Nuclear Reactor Regulation to the issuance of a license or licenses for low power testing. Because of the prior issuance of our Partial Initial Decision on Emergency Planning Issues (LBP-87-13, May 13, 1987), that limitation was no longer necessary, and it was the intent of the majority to authorize the issuance of full-power operating licenses for the Braidwood Station, Units 1 and 2, subject only to the conditions stated in that prior decision.

8706020109 070522 PDR ADOCK 05000456 G

PDR 050 1

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Accordingly, the said Concluding Initial Decision is hereby amended by deleting therefrom the pages numbered 77 and 78, and inserting in their place the amended pages 77 and 78 attached hereto.

IT IS 50 ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD Dr. Richard F. Cole ADMINISTRATIVE JUDGE e

Dr. A. Dixon Callihan ADMINISTRATIVE JUDGE 1

Dated at Bethesda, Maryland this 22nd day of May 1987.

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77 have been found to be without merit or unnecessary to this decision.

Based upon our findings which are supported by reliable, probative, and substantial evioence as required by the Administrative Procedure Act and the Connission's Rules of Practice, and upon consideration of the entire evidentiary record in this proceeding, the Board, with respect to the issues in controversy before us:

CONCLUDES that the Applicant, Commonwealth Edison Company, has met its burden of proof an each of the issues decided in this initial decision. As to these issues, there is reasonable assurance that the Braidwood Station, Units 1 and 2, can be operated without endangering the health and safety of the public.

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ORDER WHEREFORE, in accordance with the Atomic Energy Act of 1954, as amended, and the rules of the Connission, and based on the foregoing, IT IS ORDERED THAT:

The Director of Nuclear Reactor Regulation is authorized, upon making the findings on all applicable matters specified in 10 C.F.R.

I 50.57(a), as to each respective reactor unit, to issue to the Applicant, Consonwealth Edison Company, a license or licenses to operate the Braidwood Station, Units 1 and 2; provided, that prior to authorizing operation beyond 5% of rated power, the Director shall assure compliance with the conditions stated in our Partial Initial Decision on Emergency Planning issues dated May 13, 1987.

Pursuant to 10 C.F.R. I 2.760 of the Connission's Rules of Practice, this Partial Initial Decision shall become effective j

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78 imediately.

It will constitute the final decision of the Comission forty-five (45) days from the date of issuance, unless an appeal is taken in accordance with 10 C.F.R. 5 2.762 or the Conunission directs otherwise. See also 10 C.F.R. 96 2.764, 2.785 and 2.786.

Any party may take an appeal from this decision by filing a Notice of Appeal within ten (10) days after services of this Partial Initial Decision. Each appellant must file a brief supporting its position on appeal within thirty (30) days after the period has expired for the filing and service of the briefs of all appellants (forty (40) days in the case of the Staff), a party who is not an appellant may file a brief A

in support of or in opposition to the appeal of any other party.

responding party shall file a single, responsive brief only regardless of the number of appellants' briefs filed.

(See 10 C.F.R. I 2.762).

IT IS SO ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD Dr. Richard F. Cole ADMINISTRATIVE JUDGE Dr. A.' Dixon Callihan ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 19th day of May 1987.

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