ML20005B886
| ML20005B886 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/11/1981 |
| From: | Laupheimer F PACIFIC GAS & ELECTRIC CO. |
| To: | Buck J, Johnson W, Moore T NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-OL, NUDOCS 8109160073 | |
| Download: ML20005B886 (3) | |
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PAC I.Ti' I C GAS AND E LE C T RIC N (p k 77 BEALE STRtET, SAN F R A NCISCO, C ALIFO R NI A 94106 TELE NNE ( ' 5 h 78174'21
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JOSepM s. M c L t v ast l'ast r.t.t.at to.=it.
September 11, 1981 Thoms S. Moore, Esq.
Dr. W.
Reed Johnson Chairman Atomic Safety & Licensing At.omic Safety & Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 1717 H Street, N.W.
1717 H Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20555 o
Dr. John H. Buck 9
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Atomic Safcty & Licensing 5
Appea1 Board g
- g U.S.
Nuclear Regulatory SEP 15198! >
,,. I Commission
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1717 H Street, N.W.
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washington, D.C.
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Re:
In the Matter of Pacific Gas and
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Electric Company
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(Diablo Canyon Nuclear Power Plant, Units 1 and 2) l.
Docket Nos. 50-275 0.L.
50 -323 O.L.
Gentlemen:
Pacific Gas and Electric Company ("PGandE") has just received the Joint Intervenors' Application For A Stay and accompanying papers.
In their cover letter, Joint Intervenors request that the Appeal Board rule on their application by Tuesday, Jeptember 15, 1981 so that in the event the Board refuses to grant the application, thny can renew the application to the Commission before it makes its O
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8109160073 810911 PDR ADOCK 05000275 G
f Thomas S.
Moore, Esq.
Dr. John H.
Buck 1
Dr. W. Reed Johnson September 11, 1981 I
decision regarding the effectiveness of the Diablo CLayon low power test license pursuant to 10 C.F.R. S 2.764.
That matter is currently scheduled _to be considered by the Commission on Friday, September 18, 1981.
There are several' reasons why PGandE feels this' request is inappropriate and thus opposes it.
i First, the Joint Intervenors fail to recognize the difference between the Commission's sua sponte determination 2
pursuant to 10 C.F.R.
S 2.764 and a stay application pursuant to 10 C.F.R. S 2.788.
As a recent Appeal Board pointed out, different criteria are considersd in these determinations, and the two procedures are totally indepen--
dent of one another.
Duke Power Company (William B. McGuire Nuclear Station, Units 1 and 2), ALAB-647, NRC slip op. at 5 n.6 (July 1, 1981).
Thus, the fact that the Commission has scheduled a hearing on September 18, 1981 to review, pursuant to 10 C.F.R. S 2.764, the Licensing Board's granting of a low power test license to Diablo Canyon should have no effect on the timing of the Joint Intervenors' l
10 C.F.R.
S 2.788 application.
i Second, the Joint Intervenors are attempting to circurvent the letter and spirit of 10 C.F.R. 5 2.764 by asking this Appeal Board to rule on their stay application so quickly.
In recently amending 10 C.F.R. S 2.764, the l
Commission explicitly stated:
"For fuel loading and low power operating licensing decisions, the parties shall have no right to f.ile pleadings with the Commission with regard to this Commissien review unless requested to do so by the 4
Commission, 46 Fed. Reg. 28630 (May 28, 1981).
By requesting this Appeal Board to act by September 15 and by stating that if its application is denied they plan to renew this stay application before the Commission prior to its September 18 hearing, it is apparent that the Joint Intervenors' request is a calculated effort to circumvent the Commission's prohibition.against the filing of pleadings.
l in connection with its section 2.764 review of low power licensing decisions.
f Finally, the regulations provide that PGandE has 10 days after service or till September 21, 1981 to file its i
answer opposing Joint Intervenors' application for a stay.
10 C.F.R.
S 2.788(d).
Since it desires to resolve this stay application quickly, PGandE will attempt to file its opposing papers by Thursday, September 17, 1981.
PGandE submits, however, that it is entitled to its full 10 cays in
Thomas S. Moore, Esq.
Dr. John H.
Buck Dr.
W.
Reca Johnson September 11, 1981 which to file its opposing papers, and the Joint Intervenors have presented no legitimate reason tu limit this time period.
Sincerely yours, lag sg
/
F.
RONALD LAUPHEIMER FRL:et cc:
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