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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20211N0401999-09-0303 September 1999 Exemption from 10CFR50.44(d) & (E) to Remove Hydrogen Control Requirements from SONGS Units 2 & 3 Design Basis. Exemption Also Allows Licensee to Modify Emergency Operating Instructions to Remove Operator Action Requirements DD-98-06, Director'S Decision DD-98-06 Under 10CFR2.206.Petitioner Requested That NRC Take Action Re Concerns About Ability of Plant SGs to Withstand Major Seismic Event.Petitioner Requested Action Denied1998-06-11011 June 1998 Director'S Decision DD-98-06 Under 10CFR2.206.Petitioner Requested That NRC Take Action Re Concerns About Ability of Plant SGs to Withstand Major Seismic Event.Petitioner Requested Action Denied ML20198Q8481998-01-15015 January 1998 Comment Opposing PRM 50-63A by Pg Crane Amending Petition for Rulemaking Re Use of Potassium Iode ML20198P7461998-01-11011 January 1998 Comment on Petition for Rulemaking PRM 50-63A Re Aftermath of Nuclear Meltdown at San Onofre NPP & Possibility of Nuclear Emergency Caused by Navy Proposed Mixed Waste Facility & Plans to Homeport Nuclear Carriers in San Diego ML20203F7541997-09-30030 September 1997 Transcript of 970930 Predecisional Enforcement Conference of Util in Arlington,Tx ML20210T0401997-08-29029 August 1997 Order Approving Application Re Corporate Restructuring of Enova Corp,Parent of San Diego Gas & Electric Co,By Establishment of Holding Company W/Pacific Enterprises ML20138K0721997-05-0202 May 1997 Comment Opposing Proposed Rule 10CFR73 Re Physical Protection of Plants & Matls ML20149H5221997-04-25025 April 1997 Amended Emergency Petition Re Degradation of Steam Generator Internal Tube Supports (Egg Crates),Based on 970417 Rept. Plant Will Not Be Able to Completely Withstand Major Seismic Event ML20091R5651995-08-31031 August 1995 Comment on Review of Revised NRC SALP Program.Recommends That SALP Assessment Process Either Be Abandoned or Justified as within Authority of NRC Through Appropriate Rulemaking ML20058E3351993-11-19019 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Categories of Personnel Listed in 10CFR50.120 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20046A9191993-07-19019 July 1993 Comment on Proposed Rules 10CFR170 & 171 Re NRC Fee Policy. Opposes Rule ML20044D3551993-05-13013 May 1993 Comment on Draft Insp Procedure 38703, Commercial Grade Procurement Insp. Believes Appropriate Application of NRC Endorsed Stds to Critical Characteristics Remains Responsibility of Licensee Re Engineering Judgement ML20055F0001990-06-20020 June 1990 Comment Opposing Proposed Rule 10CFR55 Re Operator Licenses. Proposed Rule Unnecessary & Can Only Adversely Impact Safe Operation of Nuclear Power Facilities by Negatively Affecting Morale of Licensed Operators ML20247L3791989-05-25025 May 1989 Transcript of 890525 Hearing in San Diego,Ca.Pp 150-278. Supporting Info Encl.Witnesses:A Keltz,A Talley,W Flynn, E Cone,N Hunemuller,J Zwolinski ML20245J6161989-04-25025 April 1989 Notice of Withdrawal of 840307 Application for Amends to Licenses NPF-10 & NPF-15,revising Tech Specs to Reflect Changes in Util Organizational Structure & to Incorporate New NRC Reporting Requirements ML20195H1611988-11-12012 November 1988 Requests 90-day Extension of Public Comment Period for Proposed Rule 10CFR26 Re Fitness for Duty Issue for Nuclear Power Plant Workers ML20195H1751988-11-12012 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Unannounced Random Tests for Drug Use Should Not Be Part of Program ML20195H3221988-11-12012 November 1988 Requests 90-day Extension to Submit Comment on Proposed Rule 10CFR26 Re Fitness for Duty Issue ML20195G9881988-11-12012 November 1988 Requests 90-day Extension in Order to Submit Public Comment on 10CFR26 Re Fitness for Duty Program ML20206D7531988-11-0808 November 1988 Requests Extension of Comment Period for 10CFR26 Re Random Drug Test Issue for Nuclear Power Plants.Period Provided Inadequate as Fr Notice Just Received ML20205D5691988-10-21021 October 1988 Memorandum.* Board Confirms Listed Schedule for Completing Case as Discussed W/Parties During 881018 Prehearing Conference.Served on 881024 ML20205D7301988-10-18018 October 1988 Transcript of 881018 Prehearing Conference in San Diego,Ca. Pp 1-62 ML20204F0291988-10-0606 October 1988 Comment on Proposed Rule 10CFR26 Re Drugs in Nuclear Workplaces ML20155D0011988-10-0303 October 1988 Exemption from 10CFR50.54(w)(5)(i) Requirements Re Onsite Property Damage Insurance Until Rulemaking Finalized But No Later than 890401 ML20155A1541988-10-0303 October 1988 Exemption from Requirements of 10CFR50.54(w)(5)(i) Re Onsite Property Damage Insurance Pending Completion of Rulemaking But No Later than 890401 ML20154D9891988-05-0909 May 1988 Order (Resolving Remanded Medical Svcs Issue).* Adequate Measures to Protect Public in Event of Radiological Emergency Taken.Served on 880510 ML20151P3771988-03-22022 March 1988 Stipulation & Proposed Order Re Remand of Medical Svcs Issue.* Stipulates That Parties Involved Reviewed Relevant Documentation Re Licensee Compliance w/10CFR50.47(b)(12) Including Licensee 870629 Submittal.W/Declaration of Svc ML20237B1861987-12-11011 December 1987 Transcript of 871211 Telcon in Bethesda,Md.Pp 19-24 ML20235R5441987-10-0101 October 1987 Notice of Appearance.* Certificate of Svc Encl ML20238F1691987-09-10010 September 1987 Notice of Withdrawal.* All Mail & Svc Lists Should Be Amended to Delete Author Name After 870921.W/Certificate of Svc ML20216J8751987-06-29029 June 1987 Licensee Submittal Re Emergency Medical Svcs (10CFR50.47(b)(12)).* Completed Arrangements for Offsite Emergency Medical Svcs,Including Annual Conduct of Emergency Drills Since 1981,discussed ML20206T1731987-04-20020 April 1987 Notice of Reconstitution of Aslb.* Sj Wolfe,Chairman & Ch Hand & Eb Johnson,Members.Served on 870421 ML20205R3571987-04-0101 April 1987 Applicant Status Rept on Implementation of Emergency Medical Procedures.* Applicant Close to Completing Emergency Medical Svcs Arrangements & Will Make Ordered Filing at Earliest Possible Time.Declaration of Svc of Mail Encl ML20205R3881987-04-0101 April 1987 Notice of Appearance.* Ck O'Connell Will Appear on Behalf of Southern California Edison Co,San Diego Gas & Electric Co & Cities of Riverside & Anaheim,Ca DD-87-01, Notice of Issuance of Director'S Decision DD-87-01 Under 10CFR2.206 Denying City of Laguna Beach 860527 Petition to Extend 10-mile Radius of EPZ to Include South Laguna Beach & Laguna Beach1987-01-29029 January 1987 Notice of Issuance of Director'S Decision DD-87-01 Under 10CFR2.206 Denying City of Laguna Beach 860527 Petition to Extend 10-mile Radius of EPZ to Include South Laguna Beach & Laguna Beach ML20207P7171987-01-13013 January 1987 Order.* Applicant Showing of Implementation of Emergency Medical Arrangements Expressed in 870112 Telcon Must Be Submitted No Later than 870701.Applicant Should Exert Effort to Submit Showing by 870401.Served on 870114 ML20207N5171987-01-12012 January 1987 Transcript of 870112 Telcon in Washington,Dc.Pp 1-18 ML20207E2541986-12-29029 December 1986 Order (Initiating Proceedings Concerning Emergency Medical Arrangements).* Telcon Scheduled for 870112 to Discuss ASLB 870401 Proposed Implementation Date.Proceeding Will Be Held in Abeyance Pending Licensee Submittal.Served on 861231 ML20214C7741986-11-18018 November 1986 Notice of ASLBP Constitution.Jl Kelley,Chairman & Ch Hand & Eb Johnson,Members.Served on 861120 ML20214N5301986-09-12012 September 1986 Order Remanding Medical Treatment Facilities Issue to ASLB to Be Held in Abeyance Until Issuance of Detailed & Specific Guidance on Nature of Medical Svc.Served on 860915 ML20203L9441986-08-28028 August 1986 Decision ALAB-845 Affirming Licensing Board 850612 Order & Fourth Partial Initial Decision LBP-85-25,in Part,To Extent of Excluding Inmates Manpower Mobilization Contention. Intervenor 850726 Appeal Dismissed.Served on 860829 ML20203K1751986-08-0101 August 1986 Petition of W Chesbro,Sl Fielder,D Hauser,D Bosco,B Keene & Redwood Alliance for Leave to Intervene & Request for Hearing.W/Proof of Svc ML20199D5081986-06-12012 June 1986 Transcript of 860612 Commission Briefing in Washington,Dc Re Restart of San Onofre Unit 1.Pp 1-95.Supporting Documentation Encl ML20199D3661986-03-18018 March 1986 Transcript of Commission 860318 Meeting in Washington,Dc Re Briefing by Util on 851121 Loss of All in-plant Ac Power. Pp 1-84.Supporting Documentation Encl NUREG-1190, Transcript of Commission 860122 Briefing in Washington,Dc Re San Onofre & Status of Rancho Seco.Pp 1-105.Supporting Documentation & NUREG-1190, Loss of Power & Water Hammer Event at San Onofre,Unit 1 on 851121 Encl1986-01-22022 January 1986 Transcript of Commission 860122 Briefing in Washington,Dc Re San Onofre & Status of Rancho Seco.Pp 1-105.Supporting Documentation & NUREG-1190, Loss of Power & Water Hammer Event at San Onofre,Unit 1 on 851121 Encl ML20127G6231985-06-19019 June 1985 Transcript of ACRS Subcommittee of SEP (San Onofre) 850619 Meeting in Washington,Dc.Pp 1-167.Supporting Documentation Encl ML20113E4511985-04-11011 April 1985 Response Opposing Applicant Motion Re Arrangements for Medical Svcs.Motion Deficient in Complying W/Procedures in 10CFR2.749 & Matl Submitted W/O Motion to Amend Record.Proof of Svc Encl.Related Correspondence ML20100K3471985-04-0909 April 1985 Response to 850403 Order Re 850329 Motion.As Result of Guard Vs NRC Decision Remanding Case to Nrc,Motion Properly Addresses Full Commission.Proof of Svc Encl 1999-09-03
[Table view] Category:PLEADINGS
MONTHYEARML20149H5221997-04-25025 April 1997 Amended Emergency Petition Re Degradation of Steam Generator Internal Tube Supports (Egg Crates),Based on 970417 Rept. Plant Will Not Be Able to Completely Withstand Major Seismic Event ML20113E4511985-04-11011 April 1985 Response Opposing Applicant Motion Re Arrangements for Medical Svcs.Motion Deficient in Complying W/Procedures in 10CFR2.749 & Matl Submitted W/O Motion to Amend Record.Proof of Svc Encl.Related Correspondence ML20076C7901983-08-16016 August 1983 Petition for Review of Final NRC 830621 Order Denying as Carstens,State of CA & Friends of the Earth Petition for Review & Affirming ASLB 820111 & Aslab 830304 Decisions Granting Ol.W/Certificate of Svc.Related Correspondence ML20023D0901983-05-16016 May 1983 Motion to Augment Record to Include Various Revised County Emergency Plans & Other Documents Re Emergency Planning. Decisions Should Reflect Current Info.Declaration of Svc Encl ML20073G1351983-04-11011 April 1983 Answer in Opposition to Intervenor Carstens,Et Al 830307 Petition for Review of Seismic Issuances.Alleged Matters Do Not Fall within Scope of Petition for Review.Aslb & Aslab Properly Discharged Statutory Duty.Certificate of Svc Encl ML20072T5831983-04-0505 April 1983 Answer Opposing Intervenor 830321 Petition for Review of Emergency Planning Issues.Intervenor Fails to Raise Issue of Inconsistent Factual Determinations Between ASLB & Aslab or Important Issue of Policy or Safety.Declaration of Svc Encl ML20069F4941983-03-21021 March 1983 Petition for Review of Emergency Planning Issues Re Scope & Nature of Participation of FEMA in Licensing Process. Guidelines for Communications Between Applicants & FEMA Should Be Established.Certificate of Svc Encl ML20064J7911983-01-14014 January 1983 Motion to Modify ASLB 820514 Initial Decision to Provide Addl 6-month Period of Full Power Operation Pending Final Resolution of Offsite Medical Svcs Issue.Licenses Do Not Authorize Operation Beyond 830217.Declaration of Svc Encl ML20063P3391982-10-0808 October 1982 Objections to ASLB 821001 Memorandum & Order Re Medical Arrangements.Order Proposes Hearing on Issues Beyond Scope of Commission Emergency Planning Regulations & Requires Evidence Beyond NUREG-0654 Stds.Declaration of Svc Encl ML20054G3221982-06-16016 June 1982 Response Opposing Intervenor 820601 Application for Stay of Full Power License.No Requirements for Stay Met.Initial Decision Correctly Decided & Intervenors Will Not Prevail on Merits.Certificate of Svc Encl ML20054G5711982-06-16016 June 1982 Response Opposing Guard & Carstens 820601 Application for Stay of Full Power License.Intervenors Failed to Show ASLB Erred & That Intervenors Likely to Prevail on Merits.No Irreparable Injury Shown ML20053E8101982-06-0404 June 1982 Withdrawal of Applicant 820521 Comments on ASLB 820514 Initial Decision.Comments Rendered Moot by ASLB 820525 Order Making Clarifying Changes in Initial Decision. Certificate of Svc Encl ML20053D0811982-05-26026 May 1982 Response Opposing Intervenor Carstens 820511 Request for Stay of Low Power License & Appeal from Aslab Denial.Fuel Loading Complete & Low Power Tests Underway.Stay Would Seriously Interrupt Program.Certificate of Svc Encl ML20051J9041982-05-10010 May 1982 Application for Stay of Low Power License & Appeal from Denial of Stay by Aslab.All Four Criteria for Granting Stay Are Met.Certificate of Svc Encl ML20041E2441982-03-0101 March 1982 Brief in Support of Exceptions to ASLB 820111 Partial Initial Decision.Upgraded Emergency Stds Should Be Observed Before Low Power License Granted.Certificate of Svc Encl ML20041C3051982-02-23023 February 1982 Requests Svc List Be Modified to Delete DW Gilman & R Lacy & Add Gd Cotton & L Bernath.Proof of Svc Encl ML20040H0821982-02-0808 February 1982 Response Opposing Carstens 820127 Application for Stay of Low Power License.Intervenors Unlikely to Prevail on Merits. ASLB Correctly Ruled on Inadmissability of Testimony Re Christianitos Fault ML20040D7521982-01-26026 January 1982 Exceptions to ASLB 820111 Initial Decision ML20039E1871981-12-28028 December 1981 Reply Opposing Intervenors 811216 Motion to Reopen Record & for Further Hearings on Emergency Planning & Preparedness Issues.Extreme Cost & Inconvenient Nature of Addl Proceeding Not Justified by Updated FEMA Findings.W/Certificate of Svc ML20039B5421981-12-16016 December 1981 Motion to Reopen Record & Suppl Findings of Fact in Response to NRC 811202 Motion to Suppl Record.Fema 811113 Evaluations Demonstrate Need for Further Evidence Re Protection in Case of Radiological Emergency.Certificate of Svc Encl ML20011A6001981-10-21021 October 1981 Brief of Proposed Findings of Fact & Conclusions of Law Opposing Applicant Alternative Motion for OL for Fuel Loading & Low Power Testing.Compliance W/Upgraded Emergency Stds Necessary.Certificate of Svc Encl ML20010F8831981-08-31031 August 1981 Alternative Motion for OL Authorizing Loading Fuel, Proceeding to Initial Criticality,Performing Startup Tests & Testing at 5% Power.Motion Is Alternative If ASLB Considers Record Inadequate to Support Full Power OL ML20010F8871981-08-31031 August 1981 Memorandum of Points & Authorities Supporting Applicants 810831 Alternative Motion for Fuel Loading & Low Power Testing Ol.Delay in Commencement of Low Power Testing Will Mean Addl Expenses to Ratepayers.Certificate of Svc Encl ML20010C9121981-08-17017 August 1981 Request for Certification of Questions to Commission. Questions Concern ASLB Requiring Consideration of Emergency Planning Features Re Earthquake in Excess of SSE ML20010C8781981-08-17017 August 1981 Memorandum of Points & Authorities Supporting Applicants' Joint Application for Issuance of Subpoenas to B Killingsworth & Dh Roper ML20010C9181981-08-17017 August 1981 Memorandum Opposing Issue Raised Sua Sponte by ASLB 810807 Order.Legal Authority or Factual Basis Does Not Support ASLB Exercise of Sua Sponte Powers ML20010C9251981-08-17017 August 1981 Memorandum of Points & Authorities Supporting Applicants' 810817 Request for Certification of Questions to Commission. Questions of Law & Policy Presented Will Cause Irreparable Injury.W/Certificate of Svc & Proposed Order ML20010B3641981-08-0404 August 1981 Memorandum of Points & Authorities Supporting Joint Application for Issuance of Subpoenas.Certificate of Svc & Proposed Subpoenas Encl.Related Correspondence ML13303A5141981-07-0505 July 1981 Response in Opposition to Friends of the Earth,Et Al 810622 Proposed Contention Re Emergency Planning.Contention Fails to Meet Stds for Amend of Contentions Per 10CFR2.714(a)(3). Proposes Encl Alternative Contentions ML19224D6681979-06-19019 June 1979 Objection by Util to Friends of the Earth 790522 Document Request.Rules of Practice Demand That Documents Be Made Available for Insp & Copying.Certificate of Svc Encl ML19246B9211979-06-0505 June 1979 Petitions NRC to Deny Ols.Plant Is Dangerously Sited Near Active Earthquate Fault ML19246B5801979-05-22022 May 1979 Requests for Documents Submitted to Util by Friends of the Earth.Seeks Info Re Effects of Dewatering of Well Cavities, Various Geologic Studies of Land Area & Substratum & Siting Studies.Certificate of Svc Encl ML20076A7581979-01-31031 January 1979 Intervenors' Comments on Des.Identifies Des Deficiencies in Its Assessment of Environ Effects & Consideration of Alternatives.Requests Adequate Des or Denial of Operating Licenses.Certificate of Svc Encl ML20148D8831978-10-17017 October 1978 Responses to First Set of Interrogs Propounded by Nrc.Incl Cert of Svc ML20126K0051971-04-21021 April 1971 Statement of Cities of Anaheim,Riverside & Banning,Ca for Submission to Atty General for Antitrust Review.Util Must Agree to Provide Cities Nondiscriminatory Transmission Svc Before Facility Const 1997-04-25
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' COPY RELtTED LOPJ1ESPONDENCf3 1 DAVID R. PIGOTT to g EDWARD B. ROGIN J' 2 SAMUEL B. CASEY %'A JOHN A. MENDEZ 3 Of ORRICK, HERRINGTON & SUTCLIFFE b Q(v %\\ ,
A Professional Corporation
~ \F e S 4 600 Montgomery Street San Francisco, CA 94111 g@ p.
5 Telephone: (415) 392-1122 y4 *,, y' 6 CHARLES R. KOCHER JAMES A. BEOLETTO 7 SOUTHERN CALIFORNIA EDISON COMPANY G N P. O. Box 800 ,,. N 8 2244 Walnut Grove Avenue 'M Rosemead, CA 91770 9 Telephone: (213) 572-1900
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.-- AU3 71981 > Z 10 Attorneys for Applicants, -
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Southern California Edison Company 3 c . _. ; t n y,cq 11 and San Diego Gas & Electric Company D:.:3 b
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UNITED STATES OF AMERICA 13 NUCLEAR REGULATORY COMMISSION 14 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 15 16 In the Matter of ) Docket Nos. 50-361 OL
) 50-362 OL 17 SOUTHERN CALIFORNIA )
EDISON COMPANY, ET AL. )
18 )-
(San Onofre Nuclear Generating )
19 Station, Units 2 and 3) )
)
20 21 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF JOINT APPLICATION FOR 22 ISSUANCE OF SUBPOENAS TO TESTIFY TO SPECIFIED REPRESENTATIVES OF SAN 23 DIEGO AND r> RANGE COUNTIES, THE CI~'IES OF SAN CLEMENTE AND SAN JUAN 24 CAPISTRANO, THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION - PENDLETON COAST 25 OFFICE, THE U. S. MARINE CORPS - CAMP 3 PENDLETON, AND TrfE AMERICAN RED DgD y 26 CROSS (Orange County Chapter).
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8108140407 010804 PDR ADOCK 05000361 0 PDR
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l 2 THE PRESIDING OFFICER IS AJTHORIZED TO ISSUE A SUBPOENA TO TESTIFY UPON A 3 SHOWING OF GENERAL RELEVANCY.
4 Section 161(c) of the Atomic Energy Act of 1954, as 5 amended, in pertinent part authorizes the Nuclear Regulatory 6 Commission "by subpoena to require any person to appear and 7 testify . . . at any designated place." 42 U.S.C.
l 8 6 2201(c). The only limitation on this authority contained 9 in the Commission's regulations, is the discretion of the 10 presiding officer to " require a showing of general relevance 11 of the testimony or evidence sought." 10 C.F.R. 5 2.72O(a).
12 The presiding officer may " withhold the subpoena if such a 13 showing is not made, but he shall not attempt to determine 14 the admissibility of the evidence." 10 C.F.R. $ 2.72O(a).
15 In fact, "the Commission's Rules of Practice preclude a 16 [ presiding officer] from declining to issue a subpoena on any 17 basis other than that of a lack of ' general relevance' of the 18 testimony sought." Public Service Co. of New Hampshire 19 (Seebrook), ALAB-422, 6 NRC 33, 93 (1977). The general 20 relevancy standard is satisfied unless it is " palpable that 21 the evidence sought can have no possible bearing upon the 22 issues." Commonwealth Edison Company (Zion), ALAB-196, 7 AEC 23 457, 462 (1974).
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1 II.
2 OFFSITE ASSISTANCE AGENCY TESTIMONY IS l' RELEVANT TO THE ISSUES IN CONTENTION 3 l 4 The two emergency planning contentions currently 5 admitted for purposes of the hearing herein generally require !
6 Applicants to put forth evidence on the capability of 7 involved offsite assistance agencies to adequately respond to 8 a radiological emergency at SONGS 2-and 3 with potential or 9 actual offsite consequences.
10 In this regard, the testimony of the persons 11 representing the involved offsite assistance agencies listed 12 in the accompanying " Joint Application for Issuance of 13 Subpoenas etc." is particularly relevant to the issues in 14 ct.ntention in that each of these persons is directly 15 responsible for emergency preparedness and can be expected to 16 present testimony on the current status and ongoing plans for 17 improvement of the offsite emergency response planning and 18 preparedness for SONGS 2 and 3, as it relates to the issues o
19 currently in contentien. This testimony will significantly 20 ; aid and assist this Board in the development of a sound 21 decisional record on the capability of the involved offsite
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22 assistance agencies to protect the public health and safety 23 in the event of an emergency.at SONGS 2 and 3.
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III.
2 ALL OTHER PROCEDURAL PREREQUISITES FOR ISSUANCE OF A SUBPOENA ARE 3 SATISFIED.
4 Notice procedures are generally satisfied by 5 service of the subpoena application upon the Board and the 6 witness to be subpoenaed ten (10) days in advance of the 7 hearing. See Commonwealth Edison Co., sup_ra , 7 AEC, at 472; 8 with notice of service of the subpoena itself being given 9 within five (5) days of the time for the witnesses' 10 appearance. See Public Service Company of Oklahoma (Black 11 Fox), LBP-77-18, 5 NRC 671, 674 (1977). The only other 12 requirements for valid issuance of a Commission subpoena are 13 tendering the fees specified in 28 U.S.C. 5 1821 upon proper 14 perso.ial service of the subpoena, 10 C.F.R. $$ 2.720(c) and 15 (d), and satisfying the formal requirements for subpoenas set 16 forth in 10 C.F.R. 5 2.720(b).
17 Applicants have attached nine proposed subpoenas 18 which satisfy these formal requirements. Notice requirements i
19 are timely met by service of the accompanying joint 20 application on the persons listed therein and notice of and 21 issuance of the subpoena to said persons. Upon issuance of l 22 the subpoenas, Applicants will take all necessary steps to i
23 have the subpoenas duly served upon said persons, along with 24 the required statutory fees, and thereafter returned with l 25 proof or acknowledgment of service to the Secretary of the 26 Commission. 10 C.F.R. 5 2.270(e).
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1 1 CONCLUSION 2 Based on the foregoing points and authorities, 3 Applicants respectfully requert execution and issuance of the 4 attached subpoenas to the persons listed in the accompanfing 5 joint application and return to Applicants for purposes of 6 personally serving the subpoenas on said persons.
7 When the exact location of.the hearing is 8 confirmed, Applicants will add this information to the 9 subpoenas in the place provided thereon for such information.
10 Dated: August 4, 1981 11 12 DAVID R. PIGOTT EDWARD B. ROGIN 13 SAMUEL B. CASEY JOHN A. MENDEZ 14 Of Orrick, Herrington & Sutcliffe A Professional Corporation 15 CHARLES R. KOCHER 16 JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY 17 By SAMUEL. B. CASEY 19 SAMUEL B. CASEY l One of Counsel for Applicants j 20 -
Southern California Edison Company and San Diego Gas & Electric l 21 Company 1
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