ML19263C808
| ML19263C808 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 02/02/1979 |
| From: | Beverly Smith NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7903070398 | |
| Download: ML19263C808 (4) | |
Text
>R -
~, -
~' TEROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2/2/79 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD-In the Matter of
)
gD'.
)
p.3,7~~N p PACIFIC GAS AND ELECTRIC COMPANY
)
Docket No. 50-133 f:h>'
~
. '7
- ~C#
j', s. 2 (HumboldtBayPowerPlant, Unit No. 3)
.^
3
\\ {\\
- ?'
NRC RESPONSE IN SUPPORT OF LICENSEE'S MOTION
--r:- /
TO HOLD PROCEEDINGS IN ABEYANCE l
On January 26, 1979, Pacific Gas and Electric Company (PG&E), filed, pursuant to 10 CFR 52.711(a), a Motion to Hold Proceedings in Abeyance (Motion). For the reasons stated in the Motion and for the additional reason stated below the Staff supports the Motion.
The Staff supports the Board's desire to proceed in an efficient manner.
However, the present status of PG&E's geological studies, in the opinion of the Staff, makes it very difficult for any substantive progress to be made in either framing contentions or in any other prehearing activities.
To continue prehearing preparation under present circumstances would be wasteful of time and money for all concerned.
The Licensee is now providing the Staff with a status report of its geological investigation every 90 days.
If the instant Motion is granted, the Staff 7 9 0 3 0 7 0 3't 3l
2 suggests that a condition be imposed that the Licensee provide the Board and 1/
parties with copies of its future 90 day status reports.- _ The availability of such information will provide the Board and parties with useful data regarding the results of the geological investigation and an indication of when this proceeding may be ripe for reactivation.
If the Board denies the Motion, the Staff suggests that the date for filing written responses to the contentions be extended until March 15, 1979.
This would give the parties an opportunity to discuss the possibility of stipulating as to the admissibility of one or more contentions.
For the foregoing reasons, the Staff requests that PG&E's Motion be granted.
Respectfully submitted, i
HWY' i,Y n%4 Barry H. Smith Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of February, 1979.
_1/ The Staff will provide the Intervenors and Board the previously filed status reports.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No. 50-133 (Humboldt Bay Power Plant, Unit No. 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC RESPONSE IN SUPPORT OF LICENSEE'S. MOTION TO HOLD PROCEEDINGS IN ABEYANCE", in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 2nd day of February, 1979:
- Edward Luton, Esq., Chairman Linda J. Brown, Esq.
Atomic Safety and Licensing Board Donohoe, Jones, Brown & Clifford U.S. Nuclear Regulatory Commission 100 Van Ness Avenue, 19th Floor Washington, D.C.
20555 San Francisco, California 94102
- Mr. Gustave A. Linenberger Humboldt County Library Atomic Safety and Licensing Board 636 "F" Street U.S. Nuclear Regulatory Comnission Eureka, California 95501 Washington, D.C.
20555 Dr. David R. Schink
- Atomic Safety and Licensing Department cf Oceanography Board Panel Texas A & M University U.S. Nuclear Regulatory Con.nission College Station, Texas 77840 Washington, D.C.
20555 Philip A. Crane, Jr., Esq.
- Atomic Safety and Licensing Pacific Gas and Electric Ccmpany Appeal Board 77 Beale Street - Room 3127 U.S. Nuclear Regulatory Commission San Francisco, California 94106 Washington, D.C.
20555 David E. Pesonen, Esq.
Michael R. Sherwood, Esa.
Sierra Club Garry, Dreyfus, McTernan, Bratsky, Herndon & Pesonen, Inc.
Legal Defense Fund, Inc.
1256 Market Street 311 California Street, suite 311 San Francisco, California 94102 San Francisco, California 94104 6
0
- Docketing and Service Section Bruce florton, Esq.
Office of the Secretary 3216 fl. Third Street, Suite 202 U.S. fluclear Regulatory Comaission Phoenix, Arizona 85012 Washington, D.C.
20555 W
5 Bapty H. Sm th Counsel for tiRC Staff e
6 0
.