ML20236E118

Order.* Denies Sierra Club Instant Request for Stay of Effectiveness of LBP-87-25.Served on 871026

ML20236E118
Person / Time
Site:	Diablo Canyon
Issue date:	10/26/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Sierra Club
References
CON-#487-4679 LBP-87-25, OLA, NUDOCS 8710290074
Download: ML20236E118 (2)

Text

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yt,79 UNITED STATES OF AMERICA ng :r.g NUCLEAR REGULATORY COMMISSION LW^

COMMISSIONERS:

'87 DCT 26 P 3 '.44 Lando W. Zech, Jr., Chairman Thomas M. Roberts . . .: , . . .

Frederick M. Bernthal 'bg g..O C E f*IN G R #

Kenneth M. Carr SRA M Kenneth C. Rogers

\

) SEED OCT 261967 In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275-OLA

) 50-323-0LA (Diablo Canyon Nuclear Power Plant,)

Units 1 and 2) ) (PetitionforStay)

)

ORDER On October 21, 1987, intervenor Sierra Club filed a request with the Comission seeking stays of two decisions issued September 2,1987 and September 11, 1987 by the Atomic Safety and Licensing Board. The latter decision authorized the issuance of operating license amendments for the Diablo Canyon Nuclear Power Plant, Units 1 and 2. Pacific Gas and Electric Company (Diablo Canyon Nuclear Pcwer Plant, Units 1 and 2),

LBP-87-25, 26 NRC (1987). Those amendments permit the installation of high-density racks in both spent fuel storage pools located at the facility.

On October 8, 1987, the Atomic Safety and Licensing Appeal Board

(" Appeal Board") denied intervenor's almost identical request for a stay. Pacific Gas and Electric Company (Diablo Canyon Nuclear Pcwer Plant, Units 1 and 2), ALAB-877, 26 NRC (1987). For the reasons set forth in the October 8 Memorandum and Order of the Appeal Board, 8710290074 B71026 Y

\ I)b PDR ADOCK 05000275 G PDR

.intervenor Sierra Club's instant ' request for a stay of. the_ effectiveness of LBP-87-25 is ' denied. In addition, in light of the above and given intervenor's own unexplained delay in seeking a stay from the Commission ]

following the issuance of the Appeal Board's October 8 decision, i

Sierra Club's request for an interim, one-week stay is also denied. I It is so.0RDERED.

. t", . n n .~'4 Far the Commis on G  % i

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k., , e d/ / SAMUEL J. i

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8 Secretary of.the Commission Dated at Washington, D.C.,

this 26thlay 'of October,1987 .

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"Section 301 of the Energy Reorganization Act,.42 USC Section 5841, provides that action of the Comission shall be determined by a

' majority vote of the trenbers present.' Commissioner Roberts was not present when this item was affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decision. Commissioner Roberts, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote."

Commissioner Rogers did not participate.

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