ML19256E967

From kanterella
Jump to navigation Jump to search
Order Granting Util 790719 Motion to Compel Intervenor Northern CA Power Agency to Produce Documents.Util Can Make Preliminary Insp of Filing Arrangements & Mark Files of Relevant Depts
ML19256E967
Person / Time
Issue date: 11/01/1979
From: Mark Miller
Atomic Safety and Licensing Board Panel
To:
CALIFORNIA, STATE OF
References
PROJECT-564M NUDOCS 7911160149
Download: ML19256E967 (2)


Text

lb b NRC PUBLIC DOCUMEMIIWA WIIED STAES OF AMERICA NUCLEAR REGUAUCKl CEMISSION q

4TN 7,-

EE ATWIC SAFEIY AND UCESEU BOARD

[

1 g3 j Marshall E. Miller, Ecquire, chn4 man 4

7 Sheldcn J. Wolfe, Esquire, Member p

Seynour Wenner, Esquire, Member In the Matter of

)

)

PACIFI; GAS AND EECIRIC CITANY

)

Docket No. P-564A

)

(St@laus Nuclear Project,

)

thit 1)

)

CRER REGARDDU wrION OF PGSE TO CEMPEL CTFLIANCE BY NCPA (Novemoer 1,1979)

On July 19, 1979, Pacific Gas and Electric Ccepany (PG&E) moved to ccepel the Northern California Power Agency (NCPA) to produce documents fran the files of the latter's med:ers in a parHmle manner, assertedly cottparable to the procedure followed previously as to PG&E's file search and docunent proAWm.

NCPA filed an answer in opposition to this moticn on August 3, 1979.

A stipulaHm concerning document production entered April 25, 1978, pro-vides at page 6 that before the procedures for docunent proA+m by the Intervenors were finalized, "PG&E reserves the right to a pre 14minnvy inspection of these parties' filing arrangenents to detee to dat extent the above outlined procedures are adaptable tFareto." Tra parties subsequently develcped a so-called " green dotting" procedure whereby certain PG&E files were marked with green dots by representatives of the Staff and Intervencrs, and the contents were then ecpied.

1342 340

]b 7911160 4'

The Board does not desire to make a ca: plicated study of all the ccuplexities of the parties' volunimous files, or the nuances of the procedures which evolved frem the " green dotting" methcxi. In fairness, PG&E should be entitled to use its personnel to make a pra14Mnnry inspection of the filing arrangenents of the m ebers of NCPA, and to " green dot" the files whose contents it wishes to have copied. The docunent discovery process inwiving thousands of files has been Tarcus and ttne-constmi.ng for all. We do not believe that tra rules should be changed in mid-stream. Accordingly, the motion of PG&E is granted, and its representatives shall be permf.tted by NCPA and its msnbers to conduct within 15 (fifteen) days a pre 14Mnary inspection of their filing arrangeanta and to

" green dot" file folders located in the central files of relevant de p w is other than law departments.

It is so ordered.

MR HE ATOfIC SAFEIY AND LIGNSI!G I! CARD Marshall E. Miller, Cbn * =

Dated at Bethesda, Maryland this 1st day of Noveber 1979.

d 1342 341

.-