CLI-85-16, Order CLI-85-16 Vacating Both ALAB-809 & Underlying ASLB Decisions Re Graterford Emergency Planning Contentions as Moot.Served on 850919.Re-served on 850923
| ML20135H945 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/19/1985 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| CON-#385-579 ALAB-809, CLI-85-16, OL, NUDOCS 8509250044 | |
| Download: ML20135H945 (2) | |
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- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M SEP 19 P3 W COMMISSIONERS:
Nunzio J. Palladino, Chairman i Rac_
Thomas M. Roberts James K. Asselstine Frederick M. Bernthal bEEIU'F Lando W. Zech, Jr.
kE-SERVED SEP2 319'pc
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In the Matter of
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PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352.OL
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50-353 OL Limerick Generating Station,
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(Units 1 and 2)
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ORDER (CLI-85-16)
On May 9, 1985 the Atomic Safety and Licensing Board (" Licensing Board") 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 Commission 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 1
8509250044 B50919 PDR ADOCK 05000352 9
PDR DSD
- 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 exenption. Accordingly, we vacate both ALAB-809 and the 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.
3 For the Commission i
( Yd}w %
sw SAMUEL J.lCHILK 5ecretary of the Concission 1
l Dated at Washington, D.C.
cA this h Pi* day of A,uge(tt, 1985.
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