CLI-81-21, Order CLI-81-21.Appeals of Aslab 810909 Physical Security Decision Should Be Taken Per 10CFR2.786.Petitions for Review Extended for 25 Days After Date of Order.Parties Should Follow Aslab Procedures for Filing & Serving Documents
| ML20010G500 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/17/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | JOINT INTERVENORS - DIABLO CANYON, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), PACIFIC GAS & ELECTRIC CO. |
| References | |
| CLI-81-21, ISSUANCES-OL, NUDOCS 8109220048 | |
| Download: ML20010G500 (3) | |
Text
doln A
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION p
COMMISSIONERS:
k; Sp E
I 8 os-78
( f
- *c/
Nunzio J. Palladino, Chairmar.
a
\\
Victor Gilinsky Peter A. Bradford John F. Ahearne b
4 Thomas M. Roberts c
In the Matter of
)
Docket Nos. 50-275 OL PACIFIC GAS AND ELECTRIC COMPANY
)
50-323 OL
)
i (Diablo Canyon Nuclear Power Plant,
)
(Security)
Units 1 and 2) l l
ORDER CLI 21 On September 10, 1981, Governor Edmund G. Brown, Jr. filed a motion requesting that the Commission: (1) clarify whether parties wishing to challenge the Appeal Board's September 9,1981 physical security decision I
should file exceptions pursuant to 10 CFR 2.762 or petitions for review pursuant to 10 CFR 2.786; (2) suspend the time for filing requests for review until the Commission acts on the request for clarification of appellate procedures; (3) grant an extension of time for requests for review by Governor Brown and Intervenor San Luis Obispo Mothers for Peace; and (4) provide guidance on filing and service of documents which contain protected information, gso b s
ik l
8109220040 810917 PDR ADOCK 05000275 Q
2 With respect to the request for clarification of appellate procedures, the Comission directs that appeals be taken pursuant to 10 CFR 2.786.
The Commission's normal practice for reviewing Atomic Safety and Licensing Appeal Board dacisions applies even when an Appeal Board has co[1 ducted evidentiary hearings.
See e.a., Pacific Gas and Electric Power Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-644,13 NRC (June 16,1981); Virginia Electric and Power Company (North Anna Power-Station, Units 1 and 2), ALAB-578,11 NRC 189 (1980); Northern States Power Company (Prairie Island Nuclear Generating Station, Units 1 and 2),
ALAB-343, 4 NRC 169 (1976).
The Commission has extended the time for filing petitions for review under 2.786.
Petitions should be filed within 25 days after the date of issuance of this Order.
Replies should be filed within 15 days after service of any petition for review.
i Parties are instructed to follow the procedures for ' filing and service of documents that were used in the Appeal Board proceeding.
See the July 17, l
1980 letter from Bruce Norton, Counsel for PG&E to the Appeal Board and the July 28,1980 letter from William J. Olmstead, Counsel for the NRC Staff, to the Appeal Board.
However, documents are to be filed witF the Commission by service of one copy on Trip Rothschild, Office of the General Counsel, NRC,1717 H Street, N.W., Washington, D.C. 20555, Room 1065.
Mr. Rothschild will arrange for distribution to the Commissioners and service on counsel for the NRC staff and Governor Brown and, where required, on PG&E's Washington office.
3 It is so ORDERED.
For the Comr ssion*
4 Secretary of th(e Commission SAMUEL J. CH7LK n-Dated at Washington, D.C.
c,6 Dg this[N dayofb dC,J1981.
p g, y, &
l T
o
\\
$ 4:.%}Mh? *$
%gl.i.
%<q.5 V
%/ %
0 hkk%
- Commissioner Gilinsky absta. led from this action.
Section 201 of the Energy Reorganization'Act, i U.S.C.
85841, provides that action of the Commission shall be dett emined by a " majority vote of the members present."
Commissioner Bradford was not present when this Order was affirmed, but had previously indicated his approval.
Had Commissioner Bradford been present he would have affirmed his prior vote.
Accordingly, the formal vote of the Commission was 3-0 in favor of the Order.
., - - - ~,.., -.,,.,,
---,,.,.-,r.,,
,. ~,
a--