ML19254F653
| ML19254F653 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 10/24/1979 |
| From: | Brown H, Ellison C CALIFORNIA, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911160192 | |
| Download: ML19254F653 (3) | |
Text
o NRC PUBLIC DOCUMENI RGGM g j,9 b
UNITED STATES OF AMERICA y
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NUCLEAR REGULATORY COMMISSION b
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9e BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Q2 y
In the Matter of:
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SACRAMENTO MUNICIPAL UTILITIES DISTRICT
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Docket No. 50-312
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(Rancho Seco Nuclear Generating
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Station)
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MOTION FOR RECONSIDERATION OF THE SCHEDULE FOR DISCOVERY AND HEARINGS The California Energy Commission (" CEC") moves the Board to reconsider the schedule for discovery and evidentiary hearings in this proceeding.
On October 11, 1979, the Board
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gave notice that a prehearing conference will be heid November 7, 1979, and that hearings will commence on November 27, 1979.
The CEC respectfully asks the Board to delay the evidentiary hearings in order to allow all participants a reasonable period of time to pursue discovery.
In the Board's first Prehearing Conference Order, filed August 6, 1979, the Board
" directed that discovery be completed by all parties within sixty (60) days of the release of this Board's order approving a stipulation of contentions proposed by the parties and ruling on contentions not agreed upon, or by October 26, 1979, whichever is later;"
(p. 3; emphasis supplied.)
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The order which the Board directed would signal the commencement of the sixty day discovery period is, of course, the Board's Order Ruling on Scope and Contentions, which was issued October 9, 1979.
Thus, by the Board's earlier direc-tive, the discovery period will not end until December 8,
- 1979, eleven days after hearings are presently scheduled to commence.
In order to allow all participants to complete discovery meaningfully and in time to present evidence to the Board, we ask the Board to delay the hearings until at least two weeks after the end of the discovery period.
Moreover, because the CEC is submitting a restatement of certain issues to the Board in accordance with the Board's Order Ruling on Scope and Contentions, and because the CEC is also asking the Board to reconsider the Board's exclusion of f
emergency response issues'from this proceeding, the' issues
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and contentions that are the basis of discovery will remain unclear until the Board rules on these pending matters.
Accordingly, we respectfully request the Board to rule that the sixty day discovery period will not commence until the date on which the Board rules on these pending matters.
Finally, in view of the fact that the Board has adopted as its own certain issues that were submitted by the CEC, we request that the Board set forth the procedures which it wishes the Applicant and the NRC staff to follow in going forward on each of the Board's and CEC's issues, as well as any other guidance which the Board may consider appropriate for participants in this proceeding.
~' ' 6 219 In summary, for the reasons set forth above, we ask the Board to rule as follows:
1.
that the sixty day discovery period will commence upon issuance of the Board's ruling on the CEC's res tatement of issues and the CEC's motion for reconsideration of the Board's exclusion of emergency response issues; and 2.
that hearings will commence no fewer than fourteen days after the end of the discovery period.
Moreover, we ask the Board to establish procedures pursuant to which the Applicant and the NRC Staff shall carry the burden of going forward on the Board's and CEC's issues.
Dated:
October 24, 1979.
Respectfully submitted, I
CALIFORNIA ENERGY COMMISSION u&
UIdRISTOFiflER ELLISON
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HERBERT H.
BROWN Attorneys for the California Energy Commission
6 220 _....