ML20236T313

Supplemental Order Directing ASLAP to Treat Intervenor Instant Appeal on Expedited Basis & Directed to Issue Decision on or Before 880122.Upon Exceptional Circumstances, Decision Maybe Delayed to 880131.Served on 871125

ML20236T313
Person / Time
Site:	Diablo Canyon
Issue date:	11/25/1987
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#487-4907 OLA, NUDOCS 8712010131
Download: ML20236T313 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY.COMISSION_ Opg,fE0 COMMISSIONERS:

Lando W. Zech, Jr., Chairman Thomas M. Roberts Frederick M. Bernthal jfbi(~

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Kenneth M. Carr Kenneth C. Rogers SER'/EC MOV 2 51987 In the Matter of Docket Nos. 50-275-OLA PACIFIC GAS AND ELECTRIC COMPANY 50-323-0LA (DiabloCanyonNuclearPowerPlant, , (Petition for Stay)

Units 1 and 2)-

SUPPLEMENTAL ORDER On September 25, 1987, intervenor Sierra Club noticed an appeal from two decisions of the Atomic Safety and Licensing Board which authorized the installation of high-density racks in both spent fuel storage pools located at the Diablo Canyon Nuclear Power Plant. On October. 26, 1987, the Comission denied intervenor's request for stays of those decisiens pending appeal.

Notwithstanding the pendency of its administrative appeal, the Sierra Club subsequently sought concurrent judicial review of the two Licensing Board decisions by the Ninth Circuit Court of Appeals. While that court denied intervenor's request for a judicial sta) pending appeal in an decision issued November 13, 1987, it ordered an expedited briefing are argument of the matter. j In light of the court's expressed intent to review this matter expeditiously, the Ccmmission has determired that both the interests of the court and the interests of the Comission's adjuc'icatory process would be best served by an expedited completion of the administrative apre11 ate prccess.

Accordingly, the Appeal Board is hereby directed to treat intervenor's instant S" W 0712010131 871125

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appeal on an expedited basis, and is directed to issue a decision in this

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matter on or before January 22, 1988. Upon a prior showing in writing of.

exceptional circumstances warranting a delay, the Appeal Board may delay its decision in this matter until January 31, 1988.

It is so ORDERED.

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^?<*.(.y -f'Ih 0f?((. h .Y JOHN C/ H0YLE, ASSISTANT SECRETARY 0F W E COMMISSION e' 43 p+ + t-Dated at Washington, D.C.

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