ML19323B307
| ML19323B307 | |
| Person / Time | |
|---|---|
| Issue date: | 04/23/1980 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | SOUTHERN CALIFORNIA EDISON CO. |
| References | |
| PROJECT-564M NUDOCS 8005120221 | |
| Download: ML19323B307 (1) | |
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l NUCLEAR REGULATORY COMMISSION j.
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l THE ATOMIC SAFETY AND LICENSING BOARD k
E' Marshall E. Miller, Esquire, Chairman Sheldon J. Wolfe, Esquire, Member Seymour Wenner, Esquire, Member In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket No. P-564A
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(
anislaus Nuclear Proj ect,
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Unit 1)
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l ORDER APPROVING THE STIPULATION CONCERNING THE i
PRODUCTION OF DOCUMENTS BY SOUTHERN CALIFORNIA i
EDISON COMPANY (April 23, 1930) 2
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The attached " Stipulation Concerning the Production of Documents j
by Southern California Edison Company" is hereby approved.
It is so ordered.
FOR THE ATOMIC SAFETY AND LICENSING BOARD a
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Mdrbhall E. Miller, Chairman Dated at Bethesda, Maryland this 23rd day of April 1930.
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o UN!TED STATES OF AMERICA O
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L. '.3 APR24T.>h BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 7
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In the Matter of
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"W Q/,.g.,,.j f PACIFIC GAS AND ELECTRIC COMPANY
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NRC Docket No. P-564A (Stanislaus Nuclear Project,
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v Unit 1)
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STIPULATION CONCERNING THE PRODUCTION OF DOCUMENTS BY SOUTHERN CALIFORNIA EDISON COMPANY BACKGROUND i
On August 24, 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. DWR served the subpoena on Edison by mail on November 17, 1978, and Edison moved to quash the subpoena on December 29, 1978.
DWR and the NRC Staff opposed Edison's motion to quash the subpoena. The Licensing Board ismed an Order dated January 25, 1979, denying Edison's Motion to Quash and ordering Edison to produce the documents requested by the subpoena as conditioned by the Board'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 OWR reached i
an agreement embodied in the " Joint Statement of Southern California Edison Company and the State of California Department of Water Resources" (" Edison-l DWR Joint Statement"), dated October 26, 1979.
Similarly, Edison and the iA, A 3! !
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l NRC Staff reached a separate agreement entitled " Agreement and Joint State-ment of Southern California Edison Corpany and the Staff of the Nuclear
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Regulatory Commission" (" Edison-Staff Agreement"), dated April 1,1980.
8 STIPULATION Based on the above facts, Edison, DWR and the NRC Staff hereby stipulate as t
follows:
(1) The production of documents by Edisdn pursuant to the Edison-DWR j
Joint Statement and the Edison-Staff Agreement will be deemed to l
fully satisfy the subpoena in this proceeding; i
(2) Neither DWR nor Staff will otherwise seek enforcement of the i
subpoena, nor will either seek by any means, including subpoenas, to compel the production of any other documents by Edison in this docket; and (3) Edison will withdraw its appeal concerning the subpoena currently 1
pending before the United States Court of Appeals for the 9th
- Circuit, 1
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I klo DAVID N. BARRY, III.
DATED:
THOMAS E. TABER EUGENE WAGNER IRWIN F. WOODLAND ARTHUR L. SHERWOOD ROBERT A. RIZZI CRUTCHER GIBSON,p.a
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By Arthur L. Sherwood
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Attorneys for Southern California Edison Company f/8 8 GEORGE DEUKMEJIAN, Attorney General DATED:
of the State of California R.H. CONNETT, SANFORD N. GRUSKIN, Assistant Attorneys General of the State of California H. CHESTER HORN, JR.,
MICHAEL J. STRUMWASSER, Deputy Attorneys General of the State of California
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MiBiael J tr'Emwass er Deputy Ats rney General Attorneys for State of California Department of Water Resources DATED:
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By Jack R. Goldberg Cdunsel for NRC Staff