ML20235F256

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Forwards Request for Stay & Notice of Appeal of Licensing Board 870911 Initial Decision,Authorizing License Amends & 870902 Order of Board Denying Sierra Club Motion to Admit Contention & Request for Preparation of Eis.W/O Encl
ML20235F256
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 09/24/1987
From: Preston M
GRUENEICH, D.M. (FORMERLY GRUENEICH & LOWRY), Sierra Club
To: Bernthal F, Roberts T, Zech L
NRC COMMISSION (OCM)
References
CON-#387-4454 OLA, NUDOCS 8709290011
Download: ML20235F256 (2)


Text

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September 24, 1987

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Lando.W. Zech, Jr.,

Chairman Thomas Roberts,. Commissioner Frederick Bernthal', Commissioner Kenneth M.

Carr, Commissioner

-Kenneth C.

Rogers,. Commissioner Re:

In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant,- Units 1 and 2 ),- Docket Nos. 50-275-OLA and 50-323-OLA, Amendment'No. 8 to Facility Operating License i

'No.

DPR-80 and Amendment No. 6 to Facility Operating License No. DPR-82.

Daar Chairman Zech and Members of the~ Commission:

Enclosed is a Request for Stay and an accompanying Notice of Appeal filed today by the Sierra ' Club

(" Interveners") with the Atomic Safety and Licensing' Appeal Board in the above-referenced procee'ing.

. Sierra Club requests a stay of both the Licensing d

Board's September 11, 1987 i n i t i a'l ~ decision, authorizing operating license' amendments for the Diablo Canyon Nuclear Power Plant and the September 2,. 1987 order of the. Licensing Board denying the Sierra Club's motion to admit a contention and its request for preparation of an environmental impact statement.

The Licensing Board's September 11, 1987 initial decision authorizing the Director of Nuclear Reactor Regulation to issue the operating license amendments was to become immediately effective.

The ' Director - of Nuclear Reactor Regulation is required to issue the amendments to the operating license within ten days of the initial decision.

10 CFR S 2.764(b).

Due to the urgency this timetable represents we are filing this Request for Stay concurrently with you and the Licensing Appeal Board in order to provide you an opportunity to act on the stay before we seek judicial review.

We request that the Commsission act on this Request for Stay no later than close of business, Wednesday, September 30, 1987.

In the event that the Commission votes to deny the stay request, the Interveners respectfully request a limited stay of one week to afford Interveners an opportunity to seek judicial review.

PDR ADOCK 05000275 bh 8709290011 870924L Q

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Page Two Chairman Zech and Members of the Commission September 24, 1987 Because of the urgency of this matter, I would appreciate immediate notificat. ion by telephone of any action which you take.

Sincerely,

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