ML20035D446
| ML20035D446 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/02/1993 |
| From: | Repka D PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#293-13844 OLA-2, NUDOCS 9304130222 | |
| Download: ML20035D446 (5) | |
Text
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33 p"pril,2, 1993
" -b TK :13 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In v.he Matter of:
)
)
Docket Nos. 50-275-OLA _2, Pacil'ic Gas and Electric Company
)
50-323-OLA
)
(Construction Period (Diablo Canyon Nuclear Power
)
Recovery)
Plant;- Units 1 and 2)
)
)
PACIFIC GAS & ELECTRIC COMPANY'S RESPONSE TO SAN LUIS OBISPO MOTHERS FOR PEACE EXTENSION REOUEST RE BOARD OUESTIONS Earlier today, counsel for Pacific Gas & Electric Ccmpany
("PG&E") received the " San Luis Obispo Mothers for Peace Motion for Extension of Deadline to Respond to Memorandum and Order (Addendum i
to FES)."
The Mothers for Peace
("MFP")
are requesting an additional 10 days to respond to the Licensing Board's Memorandum and Order -- dated from receipt by MFP of a copy of the Addendum.
The extension as requested is unreasonable.
The Addendum has been a public document since May 1976.
As a party to the original licensing proceeding on environmental issues, MFP was served with a copy of the Addendum et that time.
See Pacific Gas and Electric Co. (Diablo Canyon Nucletr Power Plant, Units 1 and 2), LBP-78-19, 7 NRC 989, 998 (1978) (see list of Staff Exhibits showing the "FES Addendum" as Staff Exhiait 2).
In that proceeding, MFP A
"9 9304130222 930402 PDR ADDCK 05000275 G
4 9
specifically and extensively litigated the adequacy of the NRC Staff's environmental review, including the Addendum, before the Commission and, ultimately, the Federal courts.
S.e_q,
e.a.,
S3_D Luis Obisoo Mothers for Peace v.
NRC, 751 F.2d 1287 (D.C.
Cir.
1984).
It is certainly unreasonable given this history to now disclaim prior access to the document.
The Addendum is also referenced in the NRC Staff's February 3, 1993, Environmental Assessment.
And, it was referenced in PG&E's July 1992 CP-recapture license amendment request.
Obviously, even if MFP did not previously have this document and was interested in it, and if it had any relevance to MFP's environmental contention (it does not), there was ample prior opportunity to obtain a copy.
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Moreover, for purposes of responding to the two very limited questions posed by the Licensing Board, 10 days is excessive.
As explained in PG&E's response to the two questions, as well as in the NRC Staff's response, the Addendum has been considered in the environmental review of the proposed amendment and its existence.
raises no issue pertinent to this proceeding.
Therefore, the Licensing Board's questions have been answered and any MFP response mooted.
Neither the Addendum nor the Licensing Board's questions should provide an occasion for amplification of MFP's previously filed late contention regarding the need for an environmental impact statement, or for an MFP reply to PG&E's opposition (also filed today) to that late-filed contention.
.z
PG&E opposes the Motion as drafted.
However, consistent with the above, PG&E would not object to a fixed two-day extension from the present due date (i.e.,
until April 7,
1993).
(PG&E understands that a hard copy of the Addendum has been available to MFP in the local Public Document Room since yesterday.)
MFP's response should be strictly limited to the two Licensing Board questions.
Respectfully submitted, i
David A.
Repka WINSTON & STRAWN 1400 L Street, N.W.
Wr.shington, DC 20005-3502
(?O2) 371-5726 Christopher J. Warner Richard F.
Locke PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street San Francisco, CA 94106 Attorneys for Pacific Gas and Electric Company Dated in Washington, DC this 2nd day of April, 1993 J
UNITED STATES OF AMERICA
),[ '
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING 'MDARD' -5 L 3 3 In the Matter of:
)
"lc,
)
Docket Nos.'5'0-275-OLA' Pacific Gas and Electric Company
)
50-323-OLA
)
(Construction Period (Diablo Canyon Power
)
Recapture)
Plant, Units 1 and 2)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " PACIFIC GAS & ELECTRIC COMPANY'S RESPONSE TO SAN LUIS OBISPO MOTMERS FOR PEACE EXTENSION REQUEST RE BOARD QUESTIONS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk (*), by deposit for Federal Express delivery, i
or, as indicated by the (t) symbol, by facsimile, this 2nd day of April, 1993.
Charles Bechhoefer, Chairman (t)
Frederick J. Shon(t)
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Jerry R.
Kline(t)
Office of Commission Appellate Administrative Judge Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Office of the Secretary Ann P. Hodgdon, Esq.(t)
U.S.
Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission Attn:
Docketing and Service Washington, DC 20555 Section i
(original + two copies)
Adjudicatory File Peter Arth, Jr.
Atomic Safety and Licensing Edward W.
O'Neill Board Panel Peter G.
Fairchild U.S.
Nuclear Regulatory Commission California Public Utilities Washington, DC 20555 Commission 505 Van Ness Avenue San Francisco, CA 94102 t
l
Nancy Culver, President Truman Burns Board of Directors California Public Utilities San Luis Obispo Mothers for Peace Commissian P.O.
Box 164 505 Van Ness, Rm. 4103 Pismo Beach, CA 93448 San Francisco, CA 94102 Robert R. Wellington, Esq.
Christopher J.
Warner, Esq.*
Diablo Canyon Independent Safety Richard F.
Locke, Esq.
Committee Pacific Gas & Electric Company 857 Cass Street, Suite D 77 Beale Street Monterey, CA 93940 San Francisco, CA 94106 Robert Kinosian Jill ZamEk*
California Public Utilities 1123 Flora Road Commission Arroyo Grande, CA 93420 505 Van Ness, Rm. 4102 San Francisco, CA 94102 Mr. Gregory Minor
- MHB Technical Associates 1723 Hamilton Ave., Suite K San Jose, CA 95125
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gb David A.
Repka
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Counsel for Pacific Gas &
t I
Electric Company i
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