ML19294B996
| ML19294B996 | |
| Person / Time | |
|---|---|
| Issue date: | 02/14/1980 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Sherwood A, Strumwasser M CALIFORNIA, STATE OF, GIBSON, DUNN & CRUTCHER |
| References | |
| PROJECT-564M NUDOCS 8003060512 | |
| Download: ML19294B996 (5) | |
Text
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NUCLEAR REGULATORY COMMISSION
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February 14, 1980 Arthur L. Sheracod, Esq.
Gibson, Dunn & Crutcher 515 South Flower Street Los Angeles, Cali fornia 90071 Michael J. Strumwasser Deputy Attorney General of California 3580 Wilshire Boulevard, Suite 600 Los Angeles, Cali fornia 90010 Re: Pacific Gas and Electric Company Stanislaus fluclear Project, Unit tio. 1,t1RC Docket tio. P-564A
Dear Art and Mike:
Enclosed for your consideration is a draft stipulation concerning the Edison subpoena.
Please give me a call and let me know whether you approve or wish changes. As soon as we can agree on the language and Staff and Edison have executed their agreement, I will forward the original stipulation for your signatures.
You can then return it to me for my signature and forwarding to the Board.
Thanks for your cooperation.
Sincerely, 0.jk".6 Jack R. Goldberg Counsel for f1RC Staff Enclosure : As stated 80 03060 5 /L
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- b UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION BEFORE THE AT0!'IC SAFETY A 1D LICE"SI!!G E0ARD In the Matter of
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PACIFIC GAS AND ELECTRIC CCMPAfiY
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NRC Docket No. P-56aA (Stanislaus Nuclear Project,
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Unit 1)
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STIPULATIC:! C0f!CEU!I:!G THE PROCUCTION OF DOCU"E ;TS SY SCUTHER*: CALIFCRNIA EDISCT! CC tPA: V BACY. GROUND On August 2a,1978, the State of California Department of Water Resources
("DWR") applied to the Licensing Board for issuance of a subpoena duces tecum directed to the Southern California Edison Company (" Edison") requiring the production of certain categories of documents.
The Chairman of the Licensing Board signed the Subpoena Duces Tecum ("the subpoena") attached to DWR's application on August 28, 1978. DMR served the subpoena on Edison by mail on Navember 17, 1978, and Edison moved to quash the subpoena on December 29, 1978.
UWR and the NRC Staff opcosed Edison's motion to quash the subpoena. The Licensing Board issued an Order dated January 25, 1979, denying Edison's Motion to Quash ar' crdering Edison to produce the documents requested by the subpoena as conditioned by the Soard's Order (" conditioned subpoena").
The Licensing Board's order was upheld by the Appeal Board in a Decision dated June 15,1979, which the Commission declined to review.
Pursuant to the Licensing Board's August 15, 1979 order to the parties to narrow the scope of the subpoena, if possible, and in any event to submit a schedule for the production of documents by Edison, Edison and DUR reached an agreement embodied in the " Joint Statement of Southern California Edison Company and the State of California Department of *.ater Resources" (" Edison-DWR Joint Statement"), dated October 26, 1979.
Similarly, Edison and the
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NRC Staff reached a separate agreement entitled " Agreement and Joint State-ment of Southern California Edison Company and the Staff of the Nuclear Regulatory Commission" (" Edison-Staff Agreement"), dated STIPULATION Based on the above facts, Edison, CWR and the NRC Staff hereby stipulate as follows:
(1) The production of documents by E ison pursuant to the Edison-DWR Joint Statement and the Edison-Staff Agreement will satisfy the needs of DWR and Staff for documents from Edison in this pro-ceeding; (2) Neither DWR nor the Staff will require or further seeks the pro-duction of documents from Edison pursuant to the subpoena; (3) Neither DWR 'nor Staff.ill otherwisc seek enforcement of the subpoena, nor will either seek by any means, including subpoenas, to compel the production of any other documents by Edison in this docket; and (4) Edison will withdraw its appeal concerning the subpoena currently pending be: Ore the United States Court of Appeals for the 9th Circuit.
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DATED:
DAVID N. BAPRY, III.
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THGMAS E. TAEER EUGENE WAGNER
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IRWIN F. WOODLAND ARTHUR L. SHERWOOD ROBERT A. RIZZI 06 GIBSON, DUNN & CRUTCHEO By Arthur L. Sher,4 cod Attorneys for Southern California Edison Company DATED:
GEORGE DEUK :EJIAN, Attorney General of the State of California R.H. C01NETT, SANFORD N. GRUSKIN, Assistant Attorneys General of the State of California H. CHESTER HORN, JR.,
MICHAEL J. STRU::'.!ASSER,
Deputy Attorneys General of the State of California By Michael J. 5tru wasser Deputy Attorney General Attorneys for State of California Department of Mater Resources DATED:
U.S. NUCLEAR REGULATORY CC" MISSION STAFF By Jack R. Golacerg Counsel for NRC Staff
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UNITED STATES OF AMERICA flVCLEAR REG'JLATORY CGl'MISSIOli In the Matter of
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PACIFIC CAS At:0 ELECTRIC CC:!PAtiY
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NRC Docket tio. P-564A (Stanislaus fluclear Project,
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Unit 1)
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ORDER APPRCVIt:G THE STIFULATIC:l C0t:CER!:ItiG THE PRODUCTIO!! 0F COCUMEtiTS 3Y SCUTHER?i CALIFORllIA EDIS0:1 COMPAtlY The attached " Stipulation Concerning the Production of Documents by Southern California Edison Company" is hereby approved.
It is so ordered.
FOR THE ATOMIC S AFETY Afl0 LICEtiSIriG 30ARD Marshall E. Miller, Chairman Dated at Bethesda, Maryland this day of
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