ML16340B927
| ML16340B927 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/21/1981 |
| From: | Bradley Jones NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8107230016 | |
| Download: ML16340B927 (10) | |
Text
07/21/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOA (6
0 In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY (Oiablo Canyon Nuclear Power Plant I Unit Nos.
1 and 2)
)
Docket Nos.
5 5 -
3 O.L.
NRC STAFF REPLY TO MOTIONS FOR PROPOSED SCHEDULES On July 2, 1981, Governor Brown filed a pleading entitled "Motion of Governor Brown, Jr. for Adoption of Schedule".
On July 9, 1981, Joint Intervenors filed a pleading entitled "Joint Intervenors'lotion for Hearing Schedule Re Motions to Reopen the Full Power Proceeding."
The Staff, having reviewed those pleadings, believes the schedules proposed therein would unduly delay this proceeding, and urges the adoption of a schedule in line with the schedule proposed by the Staff in their May 8, 1981 "Motion to Adopt Schedule for Diablo Canyon Full Power Operating License."
Botn Governor Brown and the Joint Intervenors argue in their motions that a longer discovery period is necessary than that proposed by the Staff.
(Governors'otion at 2; Joint Intervenors'otion at 2-3).
The Staff believes an adequate pekiod for discovery is available under its proposed schedule.
Three of the eight contentions contained in "Joint Intervenors'tatement of Clarified Contentions", filed on June 30, 1981, cover areas which were the subject of discovery in the recently completed low power proceeding.
Those areas are; emergency planning, relief and block valves, and reactor vessel level instrumentation systems.
Therefore, extensive discovery on these
- issues, 8l072300i6 8i072i PDR ADQCK 05000275 l
G PDR
1
,if admitted into the full power proceeding, should not be required.
- Further, many of the documents provided during the discovery that has previously taken place in this proceeding, in particular the Safety Evaluation Report and Supplements, contain significant amounts of material on most, if not all, of the areas in which contentions have been proposed.
Governor Brown also argues that the discovery period should be lengthened to allow for motions to compel.
Id.
The Staff does not believe it appropriate to delay this proceeding on the assumption that the parties will not answer all appropriate discovery requests without the need to resort to motions to compel.
Finally, 'Joint Intervenors state that there is not enough time after the filing of responses to summary disposition motions for the preparation of testimony.
The Staff notes two things in this regard.
First, the Commission has recently modified 10 C.F.R. 5 2.749(a) to allow for the filing of Summary Disposition motions at any time during a
proceeding.
27 Fed.
Reg.
377 (June 2, 1981).
Therefore, Joint Intervenors need not wait until late in the hearing schedule to file any summary disposition motions.
- Secondly, there is nothing preventing the Joint Intervenors from beginning to prepare testimony before the responses to any summary disposition motions are filed. It would cause unnecessary
- delay, and would be unjustified, for the Licensing Board to assume that Joint Intervenors will not begin working on their testimony until after their responses to any summary diposition motions are filed.
In view of the above discussion, the Staff maintains that the proposed schedules of Governor Brown and Joint Intervenors unduly delay the full power proceeding and the Board should adopt a schedule in line with the schedule proposed by the Staff in their filing of Nay 8, 1981.
The Staff recognizes that some adjustments to their original proposed schedule will be necessary depending on the actual date on which a prehearing conference order issues.
Respectfully submitted, Bradley W.
nes Counsel f NRC S ff Dated at Bethesda, Naryland this 21st day of July, 1981.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY
{Diablo Canyon Nuclear Power Plant Unit Nos.
1 and 2
Docket Nos. 50-275 O.L.
50-323 O.L.
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF REPLY TO MOTIONS FOR PROPOSED SCHEDULES in the above-captioned proceeding have been served on the. following by deposit in the United States mail, first class or, as indicated by an
- asterisk, through deposit in the Nuclear. Regulatory Commission s internal mail system, this 21st day of July, 1981.
John F. Wolf, Esq., 'Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Glenn 0. Bright, Esq.
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Coranission Washington, D.C.
20555 Dr. Jerry Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comnission Washington, D.C.
20555 Elizabeth.Apfelber g 1415 Cozadero San Luis Obispo, California 93401 Philip A. Crane, Jr.,
Esq.
Pacific Gas and Electric Company P.O.
Box 7442
'an Francisco, California 94106 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa
- Barbara, Cal ifor ni a 93105 Mrs. Raye Fleming 1920 Mattie Road Shell Beach, California 93449 Richard E. Blankenburg Co-publisher Wayne A..Soroyan, News Reporter South County Publishing Company P.O.
Box 460 Arroyo Grande, California 93420 Marjorie Nordl inger Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr..Gordon Silver Mrs. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Arthur C. Gehr, Esq.
Snell
& Wilmer 3100 Valley Center Phoenix, Arizona 95073 r
Paul C. Valentine, Esq.
321 Lytton Avenue Palo Alto, California 94302 Bruce Norton, Esq.
3216 North 3rd Street Suite 202 Phoenix, Arizona 85012 Andrew Baldwin, Esq.
124 Spear Street San Francisco, California 94105
John R. Phillips, Esq.
Simon Klevansky, Esq.
Margaret Blodgett, Esq..
Marion P. Johnston, Esq.
Joel Reynolds, Esq.
Center for Law in the Public Interest 10203 Santa Monica Boulevard Los Angeles, California 90067 Byron S. Georgiou Legal Affairs Secretary Governor's Office State Capitol Sacramento, California 95814 David S. Fleischaker, Esq.
Suite 709 1735 Eye Street, N.W..
Washington, D.C.
20006 Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K
San Jose, California 9512b~
John Marrs, Managing Editor San Luis Obispo County Telegram-Tribune 1321 Johnson Avenue
. P.O.
Box 112 San Luis Obispo, California 93406 Herbert H. Brown Hill, Christopher E Phillips, P.C.
1900 M Street, N.W..
Washington, D.C.
20036 Harry M. Willis Seymour 8 Willis
~
601 California St., Suite 2100 San Francisco, California 94108 Janice E. Kerr, Esq.
Lawrence g. Garcia, Esq.
350 McAllister Street San Francisco, California 94102 Mr. James
- 0. Schuyler Nuclear Projects Engineer Pacific Gas and Flectric Company 77 Beale Street San Francisco, California 94106 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel.
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mark Gottlieb California Energy Commission MS-18 1111 Howe Avenue Sacramento, California 95825 Brad
<. Jon Cou el for C Staff