ML20150D163

Intervenors' Motion to Reconsider Memorandum & Order of 781102. Requests That Motion for a Stay of the Limited Work Authorization Be Granted Upon Reconsideration of Memorandum & Order of 781102.Cert of Svc Enc

ML20150D163
Person / Time
Site:	Black Fox
Issue date:	11/07/1978
From:	Dalton A DALTON, A.T.
To:
References
NUDOCS 7812050052
Download: ML20150D163 (4)

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s UNITED STATES OF AMERICA ' [N, .J '

NUCLEAR REGULATORY COMMISSION j)

BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD IN THE MATTER OF )

) DOCKET NOS. STN 50-556 PUBLIC SERVICE COMPANY OF ) STN 50-557 OKLAHOMA,. ASSOCIATED ELECTRIC )

COOPERATIVE, INC. and WESTERN )

FARMERS ELECTRIC COOPERATIVE, )

INC., )

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(Black Fox Station, Units 1 )

and 2) )

INTERVENORS ' MOTION TO RECONSIDER MEMORANDUM AND ORDER OF -

NOVEMBER 2, 1978 Intervenors request.that the Atomic Safety and Licensing Appeal Board reconsider its order of November 2, 1978, denying Intervenors' Application for a Stay of the Limited Work Authorization.

1. Intervenors understand the ruling to be that the failure to demonstrate grounds for a stay under the categories of 10 CFR S2.788 was the basis for the ruling.

2. Intervenors also understand the Board's statements on page 6 concerning "second chances" and the purpose of this Motion is not to disregard that advice.

3. Next, Intervenors are, and were, cognizant- ,

of the four categories. However, as stated below, Intervenors believe that the basis for the application does not require that these categories be discussed because of a clear

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statutory prohibition forbidding issuance of the LWA under ->

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4. Sec' tion 4 01(a) (1)' [33 0' S .C'. S . 51541(a) (1) ]

specifically forbids ~ issuance of an LWA in the absence of-certification. There is no provision for " equity", i.e.,

irreparable ~ injury and harm to other parties.- Congress has specified where'the public interest lies, Therefore, categories 1(2), (3) , and (4), Memorandum and Order, page 4,

.just do'not apply and consequently were'not discussed in  !

Intervenors' Motion for Stay.

5. (a)' Category (1) does not specifically apply.

In other words, the question is not whether Intervenors-I are "likely to prevail". The statute is clear and concise.

The facts are simple: There has been no state certification 1

and there has not been a waiver.

(b) The question is whether the LWA may issue in light of the law forbidding issuance. The resolution of this question, and the granting of the requested stay, just do not fit into the type of grounds envisioned by 10~CFR S2.788. This is the reason for the lack of discussion of the categories and the reason why Intervenors request reconsideration.

6. In' summary, Intervenors' position is that, when a statute specifically forbids an act, questions of harm, irreparable injury and public interest have already been decided by the Congress. In.such instances it is necessary to demonstrate only that the forbidden act has occurred and  ;

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TIntervenors invite the Board's attention to their ~

3 Motion for Stay and Brief for the detailed argument..

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l to request appropriate' relief. This the Intervenors have done.

Therefore, Intervenors request that this Motion to l l

Reconsider be granted and that, upon reconsideration, the l Motion to Stay be granted.

Dated this 7th day of November, 1978.

t/

ANDREW T.V DALTON, JR.

Attorney for Intervenors 1437 South Main Street, Room 302 Tulsa, OK 74119 +

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k e :

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing instrument was mailed, postag)e prepaid,1978.to the following this 7td day of //amm/m ,

Isham, Lincoln & Beale Mr. Joseph Gallo Attention: Mr. Paul Murphy 1050 ll7th Street.N.W.

One First National Plaza, 42nd Floor 7th Floor Chicago, IL 60603 Washington, D.C. 2003b Mrs. Carrie Dickerson, Chairman, C.A.S.E.

P.O. Box 924 Claremore, OK 74017 Secretary Attention: Chief, Docketing & Service Section United States Nuclear Regulatory Commission Washington, D.C. 20555 Chief Hearing Counsel Office of the Executive Legal Director United States Nuclear Regulatory Commission ,g g g gg, Washington, D.C. 20555 et Alan S. Rosenthal, Chairman g60$

Atomic Safety a'nd Licensing Appeal Board (

9 U. S. Nuclear Regulatory Commission

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Washington, D.C. 20555 g3 3 Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Board D #

U. S. Nuclear Regulatory Commission Q2 4 Washington, D.C. 20555 Jerome E. Sharfman .

Atomic Safety and Licensing Appeal Board i

U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. T. N. Ewing PSO, Box 201 Tulsa, OK 74102 Mrs. Ilene H. Younghein 3900 Cashion Place Oklahoma City, Oklahoma 73112 Mr. Vaugh Conrad, PSO P. O. Box 201 Tulsa, Oklahoma 74102 0 ,

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