ML19289C214

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Confirms 781122 Conversation Re Status of 2 USGS Witnesses Appearing for Nrc.Both Witnesses Wrote USGS Rept Which Is Append C to Suppl 4 of SER & Will Be at Hearing to Answer Questions
ML19289C214
Person / Time
Site: Diablo Canyon  
Issue date: 11/29/1978
From: Tourtellotte J
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Fleischaker D
AFFILIATION NOT ASSIGNED
References
NUDOCS 7812140373
Download: ML19289C214 (1)


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NUCLEAR REGULATORY COMMisslON

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David F. Fleischaker, Esq.

k h'(, 44 1025 15th Street, N.W.

5th Floor VV Washington, D. C.

20005

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In the Matter of Pacific Gas and Electric Company (Diablo Canyon riuclear Power Plant, Units Nos. 1 and 2)

Docket Nos. 50-275 0.L. and 50-323 0.L.

Dear David:

The purpose of this letter is to confirm our telephone conversation of this morning concerning your letter of November 22, 1978.

In that let tr you raised questions about the status of Jim Devine and Frank McKeown, USGS witnesses appearing on behalf of the Staff.

The USGS report appearing in Appendix C to Supplement 4 of this SER was prepared by and under the supervision of Jim Devine with the primary assistance of Frank McKeown.

They will appear at the hearing to answer any relevant questions concerning the USGS report.

In my view, you will be free to cross-examine within appropriate procedural bounds on any information contained in that report.

The USGS witnesses will be sponsoring the USGS report which does have a bearing on the substantial geological and seismological issues raised in this proceeding. Therefore, I must disagree with your assessment that failure to submit sworn testimony for these witnesses is contrary to prior Staff representations concerning USGS witnesses.

In any event, the Staff must make its own determination as to the extent of testimony filed on behalf of its witnesses.

Sincerely, Le _ -

James R. Tourtellotte Assistant Chief Hearing Counsel cc:

Elizabeth S. Bowers, Esq.

Paul C. Valentine, Esq.

Mr. Glenn 0. Bright Yale I. Jones, Esq.

Dr. William E. Martin John R. Phillips, Esq.

Philip A. Crane, Jr., Esq.

Arthur C. Gehr, Esq.

Mrs. Elizabeth Apfelberg Janice E. Kerr, Esq.

Mrs. Raye Fleming Mr. James 0. Schuyler 7812140 37.3 Mr. Frederick Eissler John Marrs Mrs. Sandra Silver Bruce Norton, Esq.

Mr. Gordon Silver Atomic Safety and Licensing Appeal Panel Richard B.11ubbard Atomic Safety and Licensing Board Panel Docketing and Service Section