ML19253C364
| ML19253C364 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 11/08/1979 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912050242 | |
| Download: ML19253C364 (5) | |
Text
ROOM 11/8/79 UNITE SAE OF AM A
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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SACRAMENTO MUNICIPAL UTILITY
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Docket No. 50-312 DISTRICT
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2 (Rancho Seco Nuclear Generating
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';Q' JOINT RESPONSE TO CEC's MOTION FOR RECONSIDERATION OF THE SCHEDULE FOR DISCOVERY AND HEARINGS The California Energy Commission (CEC) filed on October 24, 1979 a " Motion for Reconsideration of the Schedule for Discovery and Hearings." Under 10 C.F.R. 12.730, the responses of all parties except the NRC Staff would be due on November 8, 1979 and the Staff's response on November 13, 1979.
On November 6, 1979, NRC Staff counsel convened a conference call of all parties to explore whether there was a consensus as to a schedule which should be proposed to the Licensing Board for discovery, filing of motions for summary disposition, filing of testimony, and commencement of the hear-ing. Based upon that conference call, there as agreement among all parties except the NRC Staff for a particular proposed schedule, with the Staff in-dicating that it was prepared to proceed on a more expedited schedule. Con-sidering the unanimity of view of the other parties, the Staff has deferred to their proposal and presents the following schedule as a joint response by all parties to CEC's motion. We have been authorized by the other parties to make this response on their behalf. This response does not address CEC's 1503 022 nao s o 24 2-
motion as it relates to allocation of burden.; of going forward on the Board's and CEC's issues. The parties reserve the right to coment separately on this point.
The following schedule is proposed by all parties for adoptior by the Board:
Final requests for discovery to be served December 17, 1979 Final responses to discovery to be served January 17, 1980 Motions for summary disposition to be served January 24 Answers to motions for summary disposition to February 4 be served Testimony to be served on all issues not February 11 subject to motion for sumary disposition Comencement of hearing February 26 The parties also reached the following understanding related to the pro-posed s:hedule:
1.
The time for responses to discovery will be governed by the Comission's Rules of Practice (10 C.F.R. 512.740 -
2.744) or as otherwise agreed to between the party seek-ing and the party responding to discovery.
2.
Discoverywillproceedonthetwoisjuesresubmittedby CEC's pleading of October 24, 1979 -. without awaiting a Board ruling on their admissibility.
- / Restatement of Issues of Concern and Request for Clarification of Ruling.
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. 3.
The proposed schedule does not cover emergency planning issues. Those issues are before the Licensing Board on the " Motion of the California Energy Comission for Reconsideration or, in the Alternative, for Certification to the Comission" (October 24,1979). Responses to that motion by parties other than the NRC Staff are due on November 8, 1979, with the Staff to respond by November 13, 1979.
It was the consensus of the parties that should the Licensing Board or the Commission order that the emergency planning issues be considered in this proceeding, a separate discovery and hearing schedule could be established with respect to those issues.
Respectfully submitted,
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,ik h
g tephen H. Lewis V
d Counsel for NRC Staff Dated at Bethesda, Maryland this 8th day of November,1979.
1503 024
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0!41ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of SACRAMENTO MUNICIPAL UTILITY Docket No. 50-312 DISTRICT Rancho Seco Nuclear Generating Station CERTIFICATE OF SERVICE I hereby certify that copies of "J0 INT RESPONSE TO CEC's MOTION FOR RECON-SIDERATION OF THE SCHEDULE FOR DISCOVERY AND HEARINGS" 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 8th day of November, 1979.
Michael L. Glaser, Esq., Chairman Gary Hursh, Esq.
1150 17th Street, N.W.
520 Capitol Mall Washington, D.C.
20036 Suite 700 Socramento, California 95814
- Dr. Richard F. Cole Atomic Safety and Licensing Board Panel Mr. Richard D. Castro U.S. Nuclear Regulatory Commission 2231 K Street Washington, D.C.
20555 Sacramento, California 95816
- Mr. Frederick J. Shon James S. Reed, Esq.
Atomic Safety and Licensiry Board Panel Michael H. Remy, Esq.
U.S. Nuclear Regulatory Commission Reed, Samuel & Remy Washington, D.C.
20555 717 K Street, Suite 405 Sacramento, Califorriia 95814 David S. Kaplan, Esq.
General Counsel Chris'opher Ellison, Esq.
Sacramento Municipal Utility District Dian drueneich, Esq.
P. O.
Box 15830 California Energy Commission Sacramento, California 95813 1111 Howe Avenue Sacramento, California 95825 Timothy V. A. Dillon, Esq.
Suite 380 1850 K Street, N.W.
Washington, D.C.
2C'006 1503 025
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- Atonic Safety and Licensing Mr. Michael R. Eaton Boat? Panel Energy Issues Coordinator U.S. Nuclear Regulatory Comission Sierra Club Legislative Office Washington, D.C.
20555 1107 9 Street, Room 1020 Sacramento, California 95814
- Atomic Safety and Licensing Appeal Board Panel Thomas A. Baxter, Esq.
U.S. Nuclear Regulatory Comission Shaw, Pittman, Potts & Trowbridge Washington, D.C.
20555 1800 M Street, N.W.
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comission Washington, D.C. 20555 M K/<
Richard K. Hoefling V Counsel for NRC Staff 1503 026