ML20009A978
| ML20009A978 | |
| Person / Time | |
|---|---|
| Issue date: | 07/10/1981 |
| From: | Hodgdon A NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| PROJECT-564M ISSUANCES-A, NUDOCS 8107140571 | |
| Download: ML20009A978 (4) | |
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July 10, 1981 UNITED STATES OF AMERICA S
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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAF.D
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In the Matter of PACIFIC GAS & ELECTRIC COMPANY Docket No. P-564A (Stanislaus Nuclear Project, Unit No.1)
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NRC STAFF'S ANSWER TO PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST FOR CERTIFICATION By Memorandum and Order dated June 9, 1981, the Licensing Board herein denied the February 13,1981 " Joint Motion By Pacific Gas And Electric Company And The NRC Staff To Suspend Discovery And Motion Activity" in the captioned matter. On June 25, 1981, PG&E, pursuant to 10 C.F.R. 2.718(1)E of the Commission's Rules, requested the Licensing Board to certify its June 9,1981 Memorandum and Order to the Commission.
In its Request, PG&E contends that the Licensing board's Order raises a i
major issue concerning the propriety of compelling continuing cost expenditures in conn 2ction with a proceeding whose future is contingent on separate litigation beyond the Commission's control in a situation y
The Staff notes that under Section 2.785 the Commission has delegated to its Appeal Boards, inter alia, the authority which would otherwise have been exercised by the Commission under Section 2.718(1).
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8107140571 810710 PDR PROJ PDR 564M
where the prospective applicant has expressly accepted the risk of any project delay occasioned by a suspension to allow completion of that separate litigation.
Request at 1.
In addition, PG&E asserts that the Staff's intended withdrawal from the proceeding--absent suspension--will be damaging to the proceeding and to PG&E.
Id. at 2.
The Staff has reviewed PG&E's pending motion and interposes no objection to the requested certification.
While not opposing this present motion, the Staff does nonetheless feel compelled to clarify certain statements contained in PG&E's pleading.
Specifically, contrary to PG&E's assertion (Request at 2) the Staff does not intend to withdraw from this proceeding if suspension is denied. Moreover, the Staff has not previously expressed such an intention.
Rather, it is Staff's present intention t.
participate in the discovery phase of the proceeding to the extent possible, commensurate with its existing manpower and budget limitations, absent modification of the Board's Order of June 9,1081.
Respeetfully submitted, m
cy c, dW Ann P. Hodgdon Counsel for NRC Staff 1
Dated at Bethesda, Maryland, this 10th day of July,1981.
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, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PACIFIC GAS & ELECTRIC
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NRC Docket No. P-564A COMPANY
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(Stanislaus Nuclear Project,
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Unit No.1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER'TO PACIFIC G.as AND ELECTRIC COMPANY'S REQUEST FOR CERTIFICATION" 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 by deposit in the Nuclear Regulatory Comission internal mail system, this 10th day of July,1981:
Marshall E. Miller, Esq., chairman Philip A. Crane, Jr., Esq.
Administrative Judge Glen West, Esq.
Atomic Safety and Licensing Board Richard L. Meiss, Esq.
U.S. Nuclear Regulatory Commission Pacific Gas & Electric Company Washington, D. C.
20555
- 77 Beale Street San Francisco, California 94106 Seymour Wenner, Esq.
Administrative Judge George Spiegel, Esq.
Atomic Safety and Licensing Board Robert C. McDiarmid, Esq.
4807 Morgan Drive Daniel I. Davidson, Esq.
Chevy Chase, Maryland 20015 Sandra J. Strebel, Esq.
Peter K. Matt, Esq.
Sheldon J. Wolfe, Esq.
Bonnie S. Blair, Esq.
Administrative Judge Thomas C. Trauger, Esq.
Atomic Safety and Licensing Board Stephen C. Nichols, Esq.
U.S. Nuclear Regulatory Commission John Michael Adragna, Esq.
Spiegel & McDiarmid Washington, D. C.
20555 2600 Virginia Avenue, N.W.
Donald A. Kaplan, Esq.
Washington, D. C.
20037 P. O. Box 14141 Washington, D. C.
20044 George Deukmejian Attorney General of California Argil L. Toalston, Acting Chief Michael J. Strumwasser Utility Finance Branch Deputy Attorney General of U.S. Nuclear Regulatory Commission Cali fornia 3580 Wilshire Boulevard, Suite 600 Washington, D. C.
20555 Los Angeles, California 90010 Docketing and Service Section p
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C.
20555
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. e H. Chester Horn, Jr.
Deputy Attorney General Office of the Attorney General 3580 Wilshire Blvd., Suite GUD J
Los Angeles, California 90010 Atomic Safety and Licensing board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Morris M. Doyle, Esq.
William H. Armstrong, Esq.
Terry J. Houlihan, Esq.
Meredith J. Watts, Esq.
Jane E. Cosgriff, Esq.
McCutchen, Doyle, Brown & 'Enersen Three Embarcadero Center, 28th Floor San Francisco, California 94111 Clarice Turney 3900 Main Street Riverside, California 92521 i
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I1OC QQ Anr' P. Hodgdon Counsel for NRC Staff I
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