ML20028C341

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Order Scheduling Oral Argument for 830303 in Bethesda,Md, on Merits of Joint Intervenors 820608 & Governor Brown 820802 Motions to Reopen Record
ML20028C341
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 01/05/1983
From: Shoemaker C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
ISSUANCES-OL, NUDOCS 8301070363
Download: ML20028C341 (3)


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c 000' TE1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD

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  • Administrative Judges:

o x,,u n,,a a a dV;CL-Thomas S. Moore, Chairman Dr. John H. Buck SERVED JAN 061983 Dr. W. Reed Johnson

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In the Matter of

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PACIFIC GAS AND ELECTRIC COMPANY

) Docket Nos. 50-275 OL

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50-323 OL (Diablo Canyon Nuclear Power Plant,

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Units 1 and 2)

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ORDER January 5, 1983 In CLI-82-39 (December 23, 1982) the Commission responded to the three questions we certified to it.in.ALAB-681 (July 16, 1982).

Those questions, inter alia, dealt with our authority to entertain the joint intervenors' June 8, 1982 motion to reopen the record underlying the Licensing Board's low-power decision in order to hear evidence of alleged violations of the Commission's quality assurance regulations at Diablo Canyon.

The Commission's answers to cur questions'nake clear that its suspension'6f-the.. low-power license :for'-Diablo Canyon l

I Unit 1,did not divest the appropriate adjudicatory boards of jurisdiction to entertain a motion to reopen the proceeding on quality assurance matters.

8301070363 830105 l

PDR ADOCK 05000275 PDR O

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! r Accordingly, oral argument on the merits of joint intervenors' June 8 motion to reopen-the record in the Diablo Canyon operating license proceeding shall be heard at 9 :30 a.m.,

1 on Thursday, March 3, 1983, in the NRC Public Hearing Room, Fifth Floor, East-West Highway, Bethesda, Maryland.

In a separate order we have today directed the certifi-cation of Governor Brown's motion to reopen the Diablo Canyon record filed with the Board below on August 2,1982.

Governor Brown's motion seeks to reopengthe Diablo Canyon full-power proceeding to rpresent evidence on quality assurance-issues.- :As:we explain in that order,'the" present posture of the Diablo Canyon proceeding is such that considerable time and resources of both the litigants and the adjudicatory boards may be saved by our entertaining the Governor's motion in conjunction with the similar motion of tho joint intervenors.

Therefore, oral argument of Governor Brown's motion will also be heard on March 3.

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i In addition to hearing. oral argument on the two motions to reopen the Diablo Canyon record, we will hear argument on I

March 3 of all parties' appeals ~from the Licensing Board's i

August 31, 1982 initial decision.

A subsequent order will

g. be issued detailing, inter alia, the order of argument of these matters and the tilne allotted to each party.

j It is so ORDERED.

FOR THE APPEAL BOARD Q_ O -_s % -- Ad C.QJean Shoemaker Secretary to the Appeal Board l

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