ML20035D395
| ML20035D395 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/06/1993 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#293-13848 92-669-03-OLA-2, 92-669-3-OLA-2, OLA-2, NUDOCS 9304130168 | |
| Download: ML20035D395 (5) | |
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'93 APR -6 P2 :16 UNITED STATES OF AMERICA y
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NUCLEAR REGULATORY COMMISSION
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ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
lNb-b Charles Bechhoefer, Chairman j
Dr. Jerry R.
Kline Frederick J.
Shon l
Docket Nos. 50-275-OLA-2 In the Matter of 50-323-OLA-2 PACIFIC GAS AND ELECTRIC COMPANY ASLBP No. 92-669-03-OLA-2 (Diablo Canyon Nuclear Power Plant, Units (Construction Period 1 and 2)
Recovery)
Facility Operating Licenses No. DPR-80 and DPR-82 April 6, 1993 MEMORANDUM AND ORDER (Extension of Time to Respond to Board Ouestions)
On April 1,
1993, the Mothers for Peace (MFP) filed a motion (by telefax, confirmed in writing later that same day) to extend the time for its response to the Licensing Board questions posed in our Memorandum and Order (Addendum to FES), dated March 19, 1993 (served on March 22, 1993).
As set forth in that Memorandum and Order, MFP's response would have been required to be filed by April 6, 1993.
MFP advises that the Addendum to the FES, about which our questions related, was not available in the Local Public 9304130168 930406 PDR ADOCK 05000275 jf
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, Document Room and it seeks 10 days from its receipt of the Addendum to the FES to respond to the questions.
By response dated April 2, 1993, the Applicant took the position that the extension request is unreasonable, based I
on the public availability of the Addendum since May, 1976 and service of the document on MFP within that time frame.
j The Applicant would grant MFP no nore than two additional days--i.e., until April 8,
1993--to respond to our questions.
The NRC Staff, by response dated April 5,
1993, points out that a copy of the Addendum was delivered to the Local Public Document Room and copied by MFP on April 2,
1993.
The Staff would also afford MFP no more than two additional days and would require MFP to file its response by facsimile transmission on April 8,
1993 (six days following MFP's current receipt of the Addendum).
We recognize that, under current filing schedules, the Staff would benefit from having MFP's response in its hands by April 8, 1993.
Its response to the late-filed contention dealing with the Environmental Assessment, to which our r
questions also related, is required to be filed by Monday, r
April 12, 1993.
Nonetheless, we believe that MFP, a relatively small organization lacking extensive resources, should have f
adequate time to answer our questions.
Taking into account the forthcoming holiday weekend, we grant MFP until Monday,
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l April 12, 1993 within which to file its response to our questions.
(MFP should telefax its response to the Staff counsel.)
Furthermore, to accommodate the Staff's interest in having MFP's response in hand prior to filing its response to the proposed contentions, we (sua sponte) grant the Staff an extra two days, until Wednesday, April 14,.
1993, within which to respond to the new contentions.
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For the Atomic Safety and Licensing Board k ILM
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c' e Charles Bechhoefer, Chdirman ADMINISTRATIVE JUDGE Bethesda, Maryland April 6,
1993
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No.(s) 50-275/323-OLA-2 (Diablo Canyon Nuclear Power Plant, Unit Nos. I and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (EXTENSION OF TIME...)
have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Office of Commission Appellate Administrative Judge i
Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
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Washington, DC 20555 Washington, DC 20555 Ann P. Hodgdon, Esq.
C. J.
Warner, Esq.
Office of the General Counsel Richard F. Locke, Esq.
U.S. Nuclear Regulatory Commission Pacific Gas & Electric Company Washington, DC 20555 77 Beale Street San Francisco, CA 94106 Robert R. Wellington, Esq.
Joseph B. Knotts, Jr., Esq.
Diablo Canyon Independent Safety Winston & Strawn Committee 1400 L Street, N.W.
857 Cass Street, Suite D Washington, DC 20005 Honterey, CA 93940
Docket No.(s)50-275/323-OLA-2 LB M&O (EXTENSION OF TIME...)
Truman Burns Peter G. Fairchild, Esq.
Robert Kinosian California Public Utilities Commission California Public Utilities Commission 505 Van Hess Avenue 505 Van Ness, Room 4103 San Francisco, CA 94102 San Francisco, CA 94102 Nancy Culver, President Board of Directors Mothers for Peace P. O. Box 164 Pismo Beach, CA 93448 Dated at Rockville, Md. this 6 day of April 1993 Office of thy ~ Secretary of the Commission I
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