ML19260A711
| ML19260A711 | |
| 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 |
| Shared Package | |
| ML19260A701 | List: |
| References | |
| NUDOCS 7912030117 | |
| Download: ML19260A711 (5) | |
Text
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NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSIhG SOAR s
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SACRAMENTO MUNICIPAL UTILITIES DISTRICT
)
Docket No. 50-312
)
(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 gave notice that a prehearing conference will be held 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 :he 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 Scopo and Contentions, which was issued Octobe.
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 emergency response issues from this proceeding, the' issues 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 cc cence 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 th at 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 wh,ich the Board may consider appropriate for participants in this proceeding.
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In su::m'ary, for the reasons set forth above, we ask the 3:ard to rule as follcws:
1.
that the sixty day discovery period will commence 2,on issuance of the Ecard's ruling on the CEC's restatement of issues and the CEC's motion for reconsideration of the Ecard's exclusion of e.tergency response issues; and 2.
that hearings will commence no fewer than fourteen days af ter the end of the discovery period.
Moreover, we ask the Board to establish procedures pursuant to whi::h the Applicant and the NRC Staff shall
=crry -he burden of going forward on the Board's ar.d CEC 's
- .s s ue s.
Dated:
October 24, 1979.
Respectfully submitted, CALIFORNI A ENERGY CO2'. MISSION
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!HRISTO&fiER ELLISON
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'iERBERT H.
3ROWN Attorneys for the California Energy Commission 1456 011 m
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m2 UNITED STATES CF A2iERICA
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t NUCLEAR REGULATORY COMiISSION 4,..
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d co BEFORE THE ATOMIC. SAFETY AND LICENSING BOARD
- /
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'*. IHs In the Matter of:
)
)
SACRAMENTO MUNICIPAL UTILITIES DISTRICT
)
Docket No. 50-312
)
(RancF 9eco Nuclear Generating
)
st-ion)
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%lg)79qy d; d' CERTIFICATE CF SERVICE I hereby certify that copies of " MOTION FOR RECONSIDERATION OF T!!E SCIIEDULE FOR DISCOVERY AND IIEARINGS", RESTATEMEl:T OF ISSUES OF CONCERN A::D REQUEST FOR CLARIFICATION OF RULING",
and MOTION OF THE CALIFORNIA ENERGY COMMISSION FOR RECONSID-ERATION OR, IN THE ALTERNATIVE, FOR CET.TIFICATION TO THE COMMISSION" dated October 24, 1979, in the above-captioned proceeding, havc been served on the following, by deposit in the United States mail, first class, this 24 th day of October, 1979.
Michael L. Glaser, Esq.
Gary Hursh, Esq.
Chairman 520 Capitol Mall 115 0 - 17 th S tr ee t,
N.W.
Suite 700 Washington, D.C.
20036 Sacramento, CA 95814 Dr. Richard F. Cole Mr. Richard D. Castro Atomic Safety & Licensing 2231 K Street Board Pace.1 Sacramento, CA 95816 U.S.
Nuclear Regulatory Cc=m.
Washington, D.C.
20555 Mr. Mark Vandervelden Ms. Joan Reiss Mr. Frederick J. Shon Mr. Robert Christopherson Atomic Safety & Licensing Friends of the Earth Scard Panel Califernia Legislative Office U.S. Nuclear Regulatory Co==.
717 K Street, Suite 208 Washington, D.C.
20555 Sacramento, CA 95814 Timothy V. A.
Dillon, Esq.
Atomic Safety & Licensing 13 50 K S treet, N.W.
Board Panel Suite 350 U.S. Nuclear Regulatory Comm.
Was.;incton, D.C.
20006 Washing:ca, D.C.
20.555 1456 012
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Atoaic Safety & Licensing Mr. Stephen H. Lewis Appeal Board Panel Counsel for NRC Staff U.S.
Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Office of the Executive Legal Director Docketing & Service Station Washington, D.C.
20555 Office of the Secretary U.S. Nuclear Regulatory Comm.
David S. Kaplan, Esq.
Washington, D.C.
20555 Secretary and General Counsel Sacramento Municipal Utility Mr. Lawrence Brenner District Counsel for NRC Staff P. O.
Box 15830 U.S. Nuclear Regulatory Comm.
Sacramento, CA 95813 Office of the Executive Legal Director James S. Reed, Esq.
Washington, D.C.
20555 Michael H.
Remy, Esq.
Reed, Samuel & Remy 717 K Street, Suite 405 Sacramento, CA 95814
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Calif ornia Energy Co'mmission
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