ML20205C452

Order Vacating Aslab 850611 Decision ALAB-809 & Underlying ASLB Decisions as Moot.Action Has No Effect on Full Power Licenses.Served on 850919

ML20205C452
Person / Time
Site:	Limerick
Issue date:	08/19/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
CON-#385-543 ALAB-809, ASLB-809, CLI-85-11, OL, NUDOCS 8509200273
Download: ML20205C452 (2)

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D~h ElJ UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M SEP 19 P3:47 COMMISSIONERS: , y ,

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Nunzio J. Palladino, Chairman Thomas M. Roberts

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James K. Asselstine Frederick M. Bernthal . .

Lando W Zech, Jr. OEF I U pyr.

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In the Matter of )

PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 OL 50-353 OL Limerick Generating Station, (Units 1 and 2)

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ORDER On May 9, 1985 the Atomic Safety and Licensing Board (" Licensing Bcard") granted the Philadelphia Electric Company ("PEco") an exemption from the requirements of 10 CFR 50.47(a) and (b) related to potential emergency planning issues that could be raised by the Graterford inmates, and on May 24, 1985 the Licensing Board authorized the Director of Nuclear Reactor Regulation to issue full-power operating licenses for the Limerick Generating Facility. However, the Comission itself declined to make the decisions immediately effective, CLI-85-11, 21 NRC (June 12, 1985) and in ALAB-809, 21 NRC (June 11, 1985) the Atomic Safety and Licensing Appeal Board vacated both of these Licensing

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O i 2 Board decisions and remanded the matter back to the Licensing Board for further consideration.

Subsequently, the Licensing Board completed its consideration of the Graterford emergency planning contentions thereby mooting the need for any such exemption. Accordingly, we vacate both ALAB-809 and the

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underlying Licensing Board decisions as moot. This has no effect on the full power licenses since issuance of the full power licenses does not depend in any way on the grant of the exemption at issue in these decisions.

! It is so ORDERED.

6 For the Comission e -

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SAMUEL J.jCHILK

- Iecretary of the Consission Dated at Washington, D.C.

! this

• day of August, 1985.

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