ML20126L005

Order Referring Joint Intervenors 850724 Stay Application to Commission Based on Commission Consideration of Permit for Full Power Operation.Served on 850729

ML20126L005
Person / Time
Site:	Diablo Canyon
Issue date:	07/26/1985
From:	Shoemaker C Atomic Safety and Licensing Board Panel
To:	JOINT INTERVENORS - DIABLO CANYON
References
CON-#385-990 OL, NUDOCS 8507300547
Download: ML20126L005 (3)

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./cy\ C 03tU TED USMC U!JITED STATES CF T#. ERICA 1;UCLEAR REGULisTORY CO!G11SSICl?

l.1C:: C SAPLTY AllD LICE:;SI!?G API'LAL pot.hD

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BRAhCH I Thcn.ac S. !!ogro, Chairraan July 26, 385 Dr. W. Reed Johnson y $ \TD M In the !!attor of )

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1%CIFIC CAS AFD ELECTRIC COMPA!1Y ) Docket !;o s . 50-2'5 OL i

) 50-3 3 OL l (Diablo Canycn !?ucicar Power )

l Plant, Units 1 and 2) )

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ORDER l On Thuroday, July 25, 1905, we rocoived by c::pruss mail an cpp11 cation fecm tho joint intorvenors for "an order etaying the offoctivonoce (of) the icnunnce of a licente fer Lull powor cpuration of Diablo Crinyon l?belut.r 1ower Pltr. ,

Unit 2, . . . in tho ovent the Cor:nionien nuthortzus such oporation." Tho application than etnton that joint it.t erveno c swl. "a ntay of t!.o CormiaLion't, anticipated nuthorization cf full powor operation of Unit 2 and n11 tretora prevleucly irr.uod by the Cet:aincion or ita 11consint 14cardn underlyinrJ thu liconninrj of cuch roactor, includir.g ALAll-701, -782, and -811." In a cover lottor accertpunying t.hc etny application the joint intervonora note that the Carniculon, en July 30, 1905, in cehodulod to conoidor the oficctivenece ci thn Liconcing 11onrd's provioun full power MO b ',if Q

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u' 2

cuthorization for Unit 2 and thus they request that we l

decide the stay question no later than July 29.1/

l Putting to one side all other questions, the joint intervonors' stay application is not timely filed. Nor have the joint intervonors explained why their application was not filed earlier. The '!ommission's Rules of Practico, 10 CFR 2.788 (c) , require that the stay application be filed

"(w]ithin ton (10) days after service of a decision or action . . .. lloro, the latest decision the joint intorvonarc ueoh to stay and, in any event, the only decision we could properly stay, is ALAB-811 and that cocision was served on June 27, 1985. The goint intervencrs' stay application was filed July 24, 1985, long attur the ten-day period expired.

l tio are nevertholoss referring the stay application to the Comnisolon because the Comnianion currently has the quention whethor to permit full power operation of Diablo Canyen, Unit 2, beforo it. Additionally, the issues in the rtay application that the joint intorvonors assert they are likely to prevail upon on the maries -- one of the critien1 chowings for obtaining a stay under 10 CPR 2.788 (o) -- all appour to bo innuos that wo alrondy havo docided against

• /hio arer now informod by the of fico of the Locrotary of thu Commission that considoration of the niatter has boon cuturrod to August 1, 1985.

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1 3 I thma, or that we never had before us, or en which the i Commission has taken a litigation position against the joint l intervenors in the United States Court of Appeals for the  !

Cistrict of Columbia Circuit. In these circumstances, referral of the stay application is appropriate.

It is so ORDERED.

i FOR THE APPEAL BOAED

.h M e d' C. .ean Shcomaker Secretary te the Appeal Ec.ard

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