ML20059B142

Order.* Petitioners Shall File Supplemental Petition in Accordance W/Schedule in 931018 Order.W/Certificate of Svc. Served on 931020

ML20059B142
Person / Time
Site:	Perry
Issue date:	10/19/1993
From:	Cole R, Kelber C, Moore T Atomic Safety and Licensing Board Panel
To:	CLEVELAND ELECTRIC ILLUMINATING CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#493-14392 93-683-02-OLA-3, 93-683-2-OLA-3, OLA-3-R, NUDOCS 9310280047
Download: ML20059B142 (3)

Text

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/ '5 UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION M. . .

ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Thomas S. Moore, Chairman '

Dr. Richard F. Cole "

Dr. Charles N. Kelber 86Rveg OCT 20 $93 In the Matter of Docket No. 50-440-OLA-3-R THE CLEVELAND ELECTRIC ASLBP No. 93-683-02-OLA-3-R ILLUMINATING COMPANY, el a,1 (Perry Nuclear Power Plant, October 19, 1993 Unit 1)

ORDER On October 18, 1993, we issued an order setting a schedule for the petitioners to file a supplemental petition containing their contentions in this operating license amendment proceeding. In today's mail we received petitioners

• motion to defer further action in the proceeding pending completion of the Commission's review of the petition process under 10 C.F.R. S 2.206. According to the petitioners, if the Commission should adopt their reform proposals for the 2.206 process, then their challenge in this proceeding may become moot and they will withdraw it.

The petitioners

• motion is denied. In light of our disposition of the petitioners' notion, we need not await responses from the NRC staff and the licensees.

9310280047 931019 gO PDR ADOCK 05000440 '

0 PDR

At best, it is speculative whether'the Commission will amend the 2.206 process and, in the event that they promulgate amendments to the regulation, to predict what form those amendments would take. Moreover, should the Commission decide to take some action in this regard, it is likely to be many months, and perhaps years, before a final rule is issued. Hence, in effect, the delay that the '

petitioners request is open ended. Absent a much more I

compelling reason, such an uncertain delay in resolving this: ;

proceeding is neither appropriate nor in the public i l

interest. Accordingly, the petitioners shall file their supplemental petition in accordance with the schedule set forth in our October 18, 1993 order.

It is so ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD Thomas S. Moore, Chairman  ;

ADMINISTRATIVE JUDGE '

, aD W Dr. Richard F. Cole ADMINISTRATIVE JUDGE l{ [, '~

Dr. Charles N'.~ Kelber ADMINISTRATIVE JUDGE Bethesda, Maryland October 19, 1993

UNITED STATES OF AMERICA ,

~

NUCLEAR REGULATORY COMMISSION In the Matter of [

THE CLEVELAND ELECTRIC ILLUMINATING Docket No.(s) 50-440-OLA-3 i COMPANY, ET AL.

(Perry Nuclear Power Plant, Unit I) '

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER DENIED OCRE MOTION...

have been served upon the following persons by U.S. mail, first class, except I as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712. ,

Office of Commission Appellate Administrative Judge Adjudication Thomas M. Moore, Chairman )

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board -l Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 1

Administrative Judge Administrative Judge l Richard F. Cole Charles 1. Kelber-Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission ,

Washington, DC 20555 Washington, DC 20555 Colleen P. Woodhead, Esq. Jay E. Silberg, Esq.  !

Office of the General Counsel Shaw, Pittman, Potts & Trowbridge  !

U.S. Nuclear Regulatory Commission 2300 N Street, N.W.

Washington, DC 20555 Washington, DC 20037 Susan L. Hiatt Petitioner Pro Se and Ohio Citizens for Responsible Energy 8275 Munson Road Mentor, OH 44060 Dated at Rockville, Md. this 20 day of October 1993 s e')

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Nb i G dev 1

Office of thE~ Secretary of the Commission j l

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