ML20235Y908

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Order.* Date for Filing Briefs Re Intervenor Appeal of Board 870706 Memorandum & Order Denying Motion for Reconsideration & Motion to Admit late-filed Contention Postponed Until Further Order by Board.Served on 870722
ML20235Y908
Person / Time
Site: Braidwood  Constellation icon.png
Issue date: 07/21/1987
From: Shoemaker C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
LONG ISLAND LIGHTING CO., NEINER, B. (BOB NEINER FARMS, INC.), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#387-4055 LBP-87-22, OL, NUDOCS 8707270104
Download: ML20235Y908 (3)


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E QlE(I E5' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

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9 Gary J. Edles, Chairman July 21, Dr. W. Reed Johnson Christine N. Kohl SERVED JUL 2 21387

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In the Matter of

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COMMONWEALTH EDISON COMPANY

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Docket Nos. 50-456-OL

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50-457-OL (Braidwood Station, Unit

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Nos. 1 and 2)

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ORDER on July 6, 1987, the Licensing Board issued a memorandum and order denying both a motion for reconsideration and a motion to olmit a late-filed contention filed by the interveners Bridget Little Rorem, et al.1 Those motions sought to raise a contention dealing with the financial qualifications of potential new owners of the Braidwood facility.

The interveners have filed an appeal from the Board's determination.2 In their submission, the interveners note that a new development, i.e.,

the rejection by the Illinois Commerce Commission of the arplicant's new ownership I See LBP-87-22, 26 NRC 2 Appeal from Licensing Board Denial of Motion to Reopen Record (July 17, 1987).

8707270104 870722:

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2 proposal, may render the appeal moot.

The interveners suggest that their appeal be "taken under advisement until such time as either a final ruling is issued by the Illinois Commerce Commission in the case presently before it, or the time for filing motions for reconsideration thereof expires with no such motion having been filed by [the applicant] or supporters of its proposal."3 We are inclined at this point to defer briefing of the instant appeal until the matters to which the interveners have referred are more certain.

We will await, however, the views of the applicant and the NRC staff as to whether such deferral is, in fact, warranted.

In the meantime, the due date for the filing of briefs is postponed temporarily until further order of this Board.

Answers to the interveners' request for a deferral of further appellate proceedings shall be filed no later than July 31, 1987.

Id. at 2.

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3 It is so ORDERED.,

FOR THE APPEAL BOARD l

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C. gan E1oemaker Secretary to the-Appeal Board l

Dr. Johnson did not participate in this order.

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