ML20027A219

Requests Stay of Issuance of Order on Applicant Motion to Dismiss Security Contentions Until Aslab Issues Ruling in Response to Intervenors Motion for Direct Certification. Certificate of Svc Encl

ML20027A219
Person / Time
Site:	Diablo Canyon
Issue date:	10/10/1978
From:	Valentine P SAN LUIS OBISPO MOTHERS FOR PEACE
To:
References
NUDOCS 7810300008
Download: ML20027A219 (4)

Text

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- NRC PUBUC DOCUMENT ROOM g} g g y d !*5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g

ty g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

jO W lh In the Matter of )

) Docket Nos. 50-275 O.L.

) 50-323 0.L.

aAdIFIC GAS AND ELECTRIC COMPANY

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(Diablo Canyon Nuclear Power Plant,) -

Units 1 and 2 ) )

)

INTERVENOR SAN LUIS OBISPO MOTHERS FOR PEACE RESPONSE TO APPLICANT'S MOTION TO DISMISS SECURITY CONTENTION On September 5, 1978, this Board issued ORDER f RELATIVE TO INTERVENOR'S PETITION TO QUALIFY DAVID COMEY 1 This order, in effect, denied v AS SECURITY EXPERT.

Intervenor's petition to qualify David Dinsmore Comey as an expert witness for discovery percoses on security matters.

On September 22, 1978, Intervenor filed an appeal from the Board's order of September 5, 1978, with the Atomic Safety and Licensing Appeal Board. A Supplemental Brief and

! Petition for Direct Certification was filed by mail on f

October 6, 1978.

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On September 11, 1978, Applicant Pacific Gas and Electric Company (PG&E) filed a notion to /;ismiss the j security contentions.

If the Appeal Board should reverse this Licensing Board's order and find that David Dinsmore Comey is a qualified expert for discovery purposes, Intervenor would vigorously initiate discovery of Applicant's security plan in accord with the security contentions and the terms of any I such order. Intervenor urges that it is in the public interest and good cause exists for this Licensing Board to stay the issuance of any order on Applicant's motion to dismiss security contention until such time as the Appeal Board issues its ruling in response to the Intervenor's i motion for direct certification. (10 CFR S2.711(a) ) .

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!, e DATED: October 6, 1978 Respectfully submitted, f f: I .-

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PAUL C. VALENTINE

_ I.; c Attorney for Intervenor:

San Luis Obispo Mothers for Peace i

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