ML20214Q088

Order Referring Request for Emergency Stay of Defueling Operations at Facility to NRC for Consideration as Request for Enforcement Action Under 10CFR2.206.Served on 860919

ML20214Q088
Person / Time
Site:	Diablo Canyon
Issue date:	09/18/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	SAN LUIS OBISPO MOTHERS FOR PEACE
References
CON-#386-778 2.206, NUDOCS 8609240171
Download: ML20214Q088 (2)

Text

Y Y 00LKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI45 SEP 18 P4 :16 COMMISSIONERS: jFFIE 9C E ~NIk BRANCH Lando W. Zech, Jr., Chairman Thomas M. Roberts r er ek e al . SERVED SEP 1919N Kenneth M. Carr

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In the Matter of PACIFIC GAS AND ELECTRIC COMPANY, ) Docket Nos. 50-275 -

) 50-323 (Diablo-Canyon Nuclear Power ) (2.206) -

Plant, Units 1 a<d 2) )

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ORDER The Comission has received a request for an emergency stay of defueling operations at Diablo Canyon Nuclear Power Plant (Diablo Canyon) from the San Luis Obispo Mothers for Peace (SLOMP), an inter-venor in the ongoing license amendment proceeding. Diablo Canyon is a two unit pressurized-water reactor owned and operated by the Pacific Gas l & Electric Company (PG&E) under operating licenses issued by the Commis-sion. SLOMP alleges that the proposed defueling would violate Comission regulations as well as a recent decision by the U.S. Court of Appeals for the Ninth Circuit. This request raises technical matters which are outside the scope of the ongoing license amendmenc proceeding and which properly should be addressed by the Staff. The proper vehicle for Staff's consideration is an enforcement petition. Therefore, we 8609240171 860918 PDR ADOCK 05000275 G PDR 0

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I hereby refer the stay request to the Staff for its consideration as a request for enforcement action under 10 CFR 9 2.206. We note that the

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Staff h'a's the authority under Section 2.206 to stay PG&E's proposed defueling if the Staff detemines that such action is necessary. In

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view of both the licensee's and petitioner's interest in a prompt resolution of this dispute, we direct the Staff to act expeditiously on this matter. We note that PG&E has agreed to postpone defueling until at least 5:00 p.m. P.D.T. on September 24, 1986, if not longer. In light of this agreement, we find no need to issue the requested emergency stay at this time.

It is so ORDERED. ~T 1

Fo the Com ssion

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[ SAMUEL CHILK g g Secretary o the Comission

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,o Dated at Washington, D.C.

this ~ day of September,1986.

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