ML20030D526

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Order Denying CA Governor Brown Motion to File 90-page Brief.Motion Fails to Provide Sufficient Info to Grant Request.Governor Permitted to File Supplemental Explanation as to Why Enlargement Essential
ML20030D526
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 08/27/1981
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
CALIFORNIA, STATE OF
References
ISSUANCES-OL, NUDOCS 8109010490
Download: ML20030D526 (2)


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UNITED STATES OF AMERICA O

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ATOMIC SAFETY AND LICENSING APPEAL BOARD &

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Administrative Judges:

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In the Matter of PACIFIC GAS AND ELECTRIC COMPANY

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Docket Nos. 50-275 OL

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50-323 OL (Diablo Canyon Nuclear Power

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Plant, Unit Nos. 1 and 2)

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(Low Power Proceeding)

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ORDER August 27, 1981 We have before us a motion from Governor Brown seeking permission to exceed the 70-page limit on briefs imposed by 10 CFR 52.762(e).

That section provides that parties may, for " good cause," request an enlargement; l

Governor Brown seeks permission to file a 90-page brief.

As good cause, we are pointed to the 143 exceptions filed by the Governor and the " diverse issues involved."

This short explanation to justify the enlargement does not provide us with sufficient information to grant l

the request.

While 143 may be a large number of' exceptions, a look at the exceptions leads us to believe that many can 1

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be combined for briefing purposes.

(Indeed, if this were not the case, we question whether 143 exceptions could be briefed properly in even 90 pages.)

Although Governor Brown mentions a "large number of issues," he does not tell us what issues the brief will focus on or why they cannot be covered'in 70 pages.

We are mindful of the difficulties inherent in pruning a brief down to a certain page limit, but a 70-page limit strikes us as quite generous.

Enlarge-ments will certainly be granted where shown to be necessary.

But the Governor's terse motion falls short of establishing that need here.

While we are denying the instant motion, we will permit the Governor-to file a supplemental explanation setting forth in greater detail why an enlargement is essential.

Motion denied.

It is so ORDERED.

FOR THE APPEAL BOARD O.. OM M

C. Je Q Bishop i

Secretary to the Appeal Board n

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