ML19260A919
| ML19260A919 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/16/1979 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | Ellen Brown CALIFORNIA, STATE OF |
| References | |
| NUDOCS 7912060139 | |
| Download: ML19260A919 (2) | |
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THE ATOMIC SAFETY AND LICENSING BOARD N/
ss cu In the Matter of
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Docket Nos.
PACIFIC GAS AND ELECTRIC COMPANY
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03 0
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(Diablo Canyon Nuclear Power Plant, )
Uni ts 1 and 2)
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ORDER RELATIVE TO THE PETITION OF GOVERNOR EDMUND G.
BROWF. JR.
On October 15, 1979, Governor Brown petitioned to intervene as a representative of an interested State under 10 CFR f2.715(c).
On November 5, 1979, both PGandE and the NRC Staff respond;d to the petition.
The Staff supported the Petitioner but requested that if the Petitioner is admitted that he be required to take "the hearinrs as he finds them as mus t all late Intervenors in an on-going proceeding."
PvandE opposed the petition as grossly out-of-time, without good cause alleged for the late filing.
PGandE also requnsted the Board,1f Governor Brown was admitted, to require him to " state with specificity, and within fifteen (15) days of Petitioner's receipt of the Board's Order permitting such participation, the subject matters on which he desires to participate and the issues which he intends to raise."
PGandE cited regulations, Appeal Board and Commission decisions to sup-port its position that the issues he intends to raise should be stated.
On November 9, 1979, the Joint Intervenors supported the 1510 183 7912060/
. intervention "for the reasons set forth in the NRC Staff's response on the same matter."
On November 15, 1979, a response to PGandE's filing was received from the Petitioner.
The PGandE position on out-of-time filing is challenged as well as the reauest to identify issues within 15 days.
We need not belabor th( point that Petitioner represents an interested State and while ne reasons are stated for the late filing we do not believe this is reason to deny the petition in chis proceeding.
The Board admits Edmund G.
Brown, Jr., Governor of the State of California, to participate as representative of an interested State in this proceeding.
The Intervenor will take the proceeding as he finds it.
In order for the participation of Governor Brown to be meaning-ful the other parties and the Board are entitled to know with some degree of specificity wherein his concerns lie.
The parties are entitled to not be " surprised" and the Board needs to be apprised in order to determine if the issues are within its jurisdiction.
We believe those issues can be identified within 30 days from receipt of this order and will expect to receive such a document or an appropriate motion.
FOR THE ATOMIC SAFETY AND LICENSING BOARD bW Y b"&
Elizybeth S.
Bowers, Chairman Dated at Bethesda, Maryland this 16th day of November 1979.
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