ML20207L940

Order.* Order Staying NRR from Authorizing Low Power Operations at Facility Until Commission Review Complete. Served on 870109

ML20207L940
Person / Time
Site:	Seabrook
Issue date:	01/09/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Office of Nuclear Reactor Regulation
References
CON-#187-2144 ALAB-853, OL-1, NUDOCS 8701130045
Download: ML20207L940 (3)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'87 JAN -9 P4 :23 CO MISSIONERS:

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l Lando W. Zech, Jr., Chairman 80C#'Uh( g ' ' "

Thomas M. Roberts James K. Asselstine Frederick M. Bernthal Kenneth M. Carr SERVED jAN 0 91987

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In the Matter of )

) Docket Nos. 50-443-0L-1 PUBLIC SERVICE COMPANY OF ) 50-444-OL-1 '

NEW HAMPSHIRE, ET AL. ) (Onsite Emergency Planning

) and Safety Issues)

(Seabrook Station, Units 1 )

and 2)

ORDER The Commission has decided to review ALAB-853 sua sponte to consider a single issue: whether as a matter of law or policy a utility applicant should be required to submit a radiological emergency plan (either a governmental plan or a utility plan) for the entire emergency planning zone (EPZ) for the facility before any operating license may be issued. The Commission specific " notes that our taking review does not indicate any position on the meri if the issue. Since the Appeal Board's, interpretation of 10 7.R. 50.33(g) in ALAB-853 would be subject to being modified or overruleu ay the Commission, we view it as appropriate to resolve the issue now so that a decision on low power licensing can be made with Comission guidance in hand. It is undeniable that this matter engages broad public concern. Accordingly we find that the Commission o45 87o 99

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.. N itself properly should consider and deliver the final agency decision on this issue and should do so before any low power license is issued.

In light of the appellate record already made on the interpretation of 10 C.F.R. 50.33(g) before the Appeal Board, the Commission does not require briefs at this time. However, the following pennissive briefing schedule is established for any party who wishes further to develop before the Cc, .nission its position on this issue. Page limits on filings are indicated in parentheses. All filings shall be served by hand or by overnight express.

By January 21, 1987, any party, including staff if applicable, -

advocating revision of ALAB-853 may file. (20 pages)

By January 27, 1987, any party, including staff if applicable, advocating upholding ALAB-853 may file a response. (20 pages)

By February 3,1987, any party, including staff if applicable, advocating revision of ALAB-853 may file a reply. (10 pages)

The Licensing Boards may, of course, make any necessary adjustments to their schedules that fairness dictates to accommodate the Consnission's expedited briefing schedule.

The Commission by this order stays the Director of Nuclear Reactor Regulation (NRR) from authorizing low power operations at the Seabrook facility until the Commission's review is complete.

Commissioner Carr disapproved this order and would not have taken review.

e, It is so ORDERED.

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%,,a i 5/JiUEL J. qRRK Secretary # the Comission Dated at Washington, D.C.

this 9th day of January, 1987.

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