ML20010F949
| ML20010F949 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/11/1981 |
| From: | Lanpher L CALIFORNIA, STATE OF, HILL, CHRISTOPHER & PHILLIPS |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-OL, NUDOCS 8109150144 | |
| Download: ML20010F949 (5) | |
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NUCLEAR REGULATORY COMMISSION 1 : sa:. {-
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BEFORE THE ATOMIC SAFETY.AND LICENSING APPEAL BOARD
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket Nos. 50-275 0.L.
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(Diablo Canyon Nuclear Power
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BROWNJR(.7u.a.Str.;479gga,:.
- i MOTION OF GOVERNOR EDMUND G.
FOR EXPEDITED DECISION
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Governor Brown has filed today with this Appeal th motion to stay the Licensing Board's July 17, 1981 Partial Initial Decision authorizing issuance of a License for fuel loading and low power testing of Diablo Canyon.~1/
The Governor hereby moves this Board-to expedite its.'ecision on the Governor's stay motion.~2/
The Commission has scheduled a meeting for Monday, Septem-ber 21, 1981, to determine under 10 C.F.R.
S 2.764 whether the Li-cense should be made immediately effective.
If the Commission declines to issue a sua sponte stay under Section 2.764 (or to waive 3_/
that regulation as the Governor has requested), the License could be issued immediately thereafter, i
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In accordance with the Commission's Order of July 22, 1981, the Governor's stay motion was held in abeyance until the omm c-Acceal Board issued its security decision, ALAB-653.
ALAB-
"S 653 was announced at 5:00 p.m.,
September 9, 1981.
The i
l Governor filed his stay motion as promptly as possible ao thereafter.
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As reflected in the attached Certificate of Service, the o
Governor has served his stay motion by hand or overnight G
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oo deliverv to make feasible an expedited decision by this 4
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mod Board.
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Motien of Governor Edmund G. Brown Jr. for Waiver of the Immediate Effectiveness Rule and Direct Commission Review of the Licensing Board's July 17, 1981 Decision, August 13, 1981.
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In the event this Board declines to issue a stay, the Governor intends to apply to the Commission for a stay as provided in 10 C.F.R.
S 2.788.
Accordingly, the Governor respectfully requests a decision on his stay motion no later than Wednesday, September 16, 1981, so that there vill be time before possible issuance of the License to seek relief from the Commission if this Board declines to issue a stay.
If this Board is unable to reach a decision on the Governor's stay motion by September 16, 1981, the Governor then requests, pursuant to 10 C.F'.R.
S 2.788(g), that this Leard issue a temporary stay of the July 17, 1981 Partial Initial Decision until this Board is able to reach a decision.
If that decision should be adverse to the Governor, it is requested that the temporary stay remain in effect until the Commission has acted on the Section 2.788 stay motion we will file with it if this Board declines a stay.
Such temporary relief is necessary in order to avoid resort to judicial relief prior to the time the Governor has been able to exhaust administrative remedies.
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Respectfu)1y submitted, t
Byron S. Georgiou l
Legal Affairs Secretary
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Governor's Office State Capitol Sacramento, California 95814
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Herbert H.
Brown l
Lawrence Coe Ianpher i
HILL, CHRISTOPHER AND PHILLIPS, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 Attorneys for Governor Brown of the September 11, 1981 State of California t
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B UNITED STATES O AMERICA e
NUCLEAR REGULATORY COMMISSION
- BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
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In the Matter of
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PACIFIC GAS AND EIECTRIC COMPANY
)
Docket Nos. 50-275 O.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power
)
Plant, Unit Nos. 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the " MOTION OF GOVERNOR EDMUND G.
BROWN JR. FOR STAY OF THE-EFFECTIVENESS OF THE DIABLO CANYON FUEL LOADING AND LOW POWER OPERATING LICENSE," the " MOTION OF GOVERNOR EDMUND B. BROWN JR. FOR EXPEDITED DECISION," and the " MOTION OF GOVERNOR EDMUND G. BROWN JR. TO EXCEED PAGE LIMIT" have been served to the fol'_owing on September 11, 1981 by U.S. mail, first class, except as otherwise noted.
g, \\ Y?l l sr Thomas A Moore, Esq., Chairman (*)
N' Atomic Safety and Licensing Appeal Board pf gCCRC U.S.
Nuclear Regulatory Commission b
U3'IN Washington, D.C.
20555 e,
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Dr. W. Reed Johnson (*)
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Atomic Safety and Licensing Appeal Board
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U.S. Nuclear Regulatory Commission i\\
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s Washington, D.C.
20555
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- 3. -
Dr. John H. Buck
(*)
Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Chairman Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Chairman Atomic Safety and Licensing Appeal Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Mr. John F.
Wolf, Chairmr.n Atomic Safety and Licens4ng Board U.S.
Nuclear Regt.latory Commission Washington, D.C.
20555 Mr. Glenn O.
Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R.
Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 William J. Olmstead, Esq. (*)
Edward G.
Ketchen, Esq.
Lucinda Low Swartz, Esq.
Office of Executive Legal Director BETH 042 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Secretary (*)
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 ATTENTION:
Docketing and Service Section Mrs. Elizabeth Apfelberg c/o Nancy Culver 192 Luneta Drive San Luis Obispo, California 93401 Janice E.
Kerr, Esq.
Public Utilities Commission 5246 State Building 350 McAllister Street San Francisco, California 94102 Mrs. Raye Fleming 1920 Mattie Road Shell Beach, California 93449 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, California 93105 Mr. Gordon Silver Mrs. Sandra A.
Silver 1760 Alisal 5treet San Luis Obispo, California 93401 John Phillips, Esq. ( *- * )
Center for Law in the Public Interest 10203 Santa Monica Drive Los Angeles, California 90067 Bruce Norton, Esq.
(**)
l Norton, Burke, Berry & Junck 3216 North Third Street, Suite 300 Phoenix, Arizona 85012
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Philip A. Crane, Jr., Esq. (**)
-Richard F. Locke, Esq.
Pacific Gas and Electric Company P.O.
Box 7442 San Francisco, California 94106 David S. Fleischaker, Esq. (**)
P.O. Box 1178 Oklahoma City, Oklahoma 73101 Arthur C. Gehr, Esq.
(**)
Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 Mr.' Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue, Suite K San Jose, California 95125 Iir. Carl Neiberger Telegram Tribune P.O.
Box 112 San Luis Obispo, California 93402
-i Byron S.
Georgiou, Esq.
(**)
Legal Affairs Secretary Governor's Office State Capitol Sacramento, California 95814
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Lawrence Coe Langher HII L, CHRISTOPHER AND PHILLIPS, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 September 11, 1981
(*)
By Hand
(**)
By Express Mail NOTE: Copies of the Governor's Fbtions have also been hand-delivered to PG&E's Washington, D.C. office.
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