ML19210C305

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Motion for Addl Time to File Response to Licensee 790927 Motion to Hold Proceedings in Abeyance.Extension Requested Until 10 Days Following Receipt of Intervenors Memorandum on Grounds for Opposition.Certificate of Svc Encl
ML19210C305
Person / Time
Site: Humboldt Bay
Issue date: 10/16/1979
From: Mulkey M
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 7911140055
Download: ML19210C305 (4)


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WC PImLIC DOCINENT ROOM UNITED STATES OF AMERICA 10/16/79 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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PACIFIC GAS AND ELECTRIC

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Docket No. 50-133 COMPANY

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(Humboldt Bay Power Plant,

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[h Unit No. 3)

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+4, NRC STAFF MOTION FOR EXTENSION OF TIME TO FILE RESPONSE T0 t.ICENSEE'S MOTION 6

D TO HOLD PROCEEDINGS IN ABEYANCE a

i On Septeber 27, 1979, the Pacific Gas and Electric Company, Licensee in this matter, filed a motion that all further proceedings be held in abeyance for an additional twelve months, until October 1,1980.-~1/ The motion is accom-panied by a " Scope of Work" report from Licensee's consultants undertaking the geological and seismological studies.

On October 9,1979, the Int.ervenors in this proceeding jointly filed a one-page statement of opposition to Licensee's motion, indicating that "within one week" they intend to " submit a memorandum setting forth in detail the grounds for their opposition". No explanation for late filing of the com-pleted response is JTered.

The NRC Staff has no objection to the submittal by Intervenors of a supplemental memorandum. However, under our Rules of Practice, the NRC Staff's response 1/ The Board had previously granted a motion to hold the proceedings ir, abeyance until October 1,1979, conditioned upon filing by the company of status reports on their geologic investigations every 60 days.

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to Licensee's motion is due to be filed on October 17, 1979.

In light of indication by the Intervenors that they will file a substantial statement opposing the motion, we believe it would be preferable if we had the benefit of their views before stating our own position. Accordingly, we request an extension of time until 10 days following our receipt of Intervenors' memo-

'.dum for filing of our response.

In the event that we do not receive a memorandum from Intervenors by November 1,1979, we would then file a response on that date.

We have reached Licensee's counsel and a representative of, the jointly filing Intervenors. Neither objects to the request for an extension of time.

Respectfully submitted, CA Marcia E. Mulkey Counsel for NRC Staff k

Dated at Bethesda, Maryland this 16th day of October,1979.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No. 50-133 (Humboldt Bay Power Plant, Unit No. 3)

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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO LICENSEE'S MOTION TO HOLD PROCEEDINGS IN ABEYANCE" 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 Comission's internal mail system, this 16th day of October, 1979.

  • Robert M. Lazo, Esa., Chairman Linda J. Brown, Esq.

Atomic Safety and Licensing Board Panel Donohoe, Jones, Brown & Clifford U.S. Nuclear Regulatory Comission 100 Van Ness Avenue, 19th Floor Washington, D.C.

20555 San Francisco, California 94102

  • Mr. Gustave A. Linenberger Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Washington, D.C.

20555 Dr. David R. Schink

  • Atomic Safety and Licensing Department of Oceanography Board Panel Texas A & M University U.S. Nuclear Regulatory Comission College Station, Texas 77840 Washington, D.C.

20555 Philip A. Crane, Jr., Esq.

  • Atomic Safety and Licensing Pacific Gas and Electric Company Appeal Board 77 Beale Street - Room 3127 U.S. Nuclear Regulatory Comission San Francisco, California 94106 Washington, D.C.

20555 David E. Pesonen, Esq.

Michael R. Sherwood, Esq.

Garry, Dreyfus, McTernan, Brotsky, Sierra Club Herndon & Pesonen, Inc.

Legal Defense Fund, Inc.

1256 Market Street 311 California Street, Suite 311 San Francisco, California 94102 San Francisco, Californf a 94104 1 217

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  • Docketing and Service Section Bruce Norton, Esq.

Office of the '.ied etary 3216 N. Third Street, Suite 202 U.S. Nuclear Regt>.atory Comission Phoenix, Arizona 85012

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Washington, D.C.

20555 d4 cut Marc ia E. Mu'1 key Counsel for NRC Staff 1 218

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