ML19263B453
| ML19263B453 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/18/1978 |
| From: | Fallin J PACIFIC GAS & ELECTRIC CO. |
| To: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 7901180268 | |
| Download: ML19263B453 (2) | |
Text
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t December 18, 1978 Jack Goldberg, M ROOM NRC Staff Counsel NRC PUBUC DOC U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Goldberg:
On November 15, 1978, I indicated that in order to compromise our problems over whether or not "municipalization" was covered by existing paragraphs, PGandE would stipulate that the order could be amended to so read.
On the 17th, I sent out a letter accompanied with a formal stipulation and order accomplishing the amendment.
At the beginning of this month I finally heard from someone on this issue when Bob McDiarmid provided me with a copy of a letter that he was sending to you conveying a copy of the stipulation and order executed by NCPA and by the Cities of Anaheim and Riverside.
Now, I get a long missive from you stating that " Staff and Intervenors" reject the stipulation and would rather wait to burden the hearing board with this matter in January.
If it were not for the fact that my offer was designed to avoid wrangling.
rather than create it, the end result of all this would have been to lose some two months' time during which we could have been operating in accordance with the stipulation that PGandE offered.
In point of fact, when I sent out the letter on the 17th, I requested my production staff to treat question 45 as though it were amended to include the stipulated provision.
I suppose I could undo all this pursuant to your apparent desires in order to create a complete controversy for the board in January, but I'd really rather not.
As I have indicated before, I don't have any problem with your making any sort of statement with respect
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Jack Goldberg December 18, 1978 to rights or wrongs of any centroversies which may arise in this case, however I will continue my efforts to establish mechanical steps whereby we can avoid useless argument.
Hope-fully, with that in mind and with t e further information that I have already put the change into effect, and would rather not rescind it, you can see your way clear to join with Bob and, however reluctantly, execute the stipulation.
I would also point out that at our meeting in mid-November, you agreed to identify for me the spacific items sent to warehouse storage which you felt were so current as to be outside the logical use of that storage.
Thus far I have re-ceived no such information from any intervenor.
The only refer-ence to this matter was DWR's reassertion of a series of vague complaints made in their recently filed brief.
If you've got something concrete to be concerned about, why has it taken a month to identify it?
Please let me know promptly what you now want me to do with respect to the stipulation on question 45.
Very truly yours,
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.. x x.
,',' JACK F. FAL)IN, JR.
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