ML20035H635
| ML20035H635 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/27/1993 |
| From: | Repka D PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#293-13913 OLA-2, NUDOCS 9305060132 | |
| Download: ML20035H635 (5) | |
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/39/3 April ^y;i.D2Yh 1993
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'93 TPR 28 P2 Z9 UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
t In the Matter of:
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Docket Nos. 50-275-OLA-L l'
Pacific Gas and Electric Company
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50-323-OLA
)
(Construction Period (Diablo Canyon Nuclear Power
)
Recovery) i Plant, Units 1 and 2)
)
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PACIFIC GAS & ELECTRIC COMPANY'S
.I RESPONSE TO SAN LUIS OBISPO MOTHERS FOR PEACE MOTION FOR LEAVE TO FILE ADDITIONAL DISCOVERY (IDENTIFICATION OF WITNESSES)
On April 12, 1993, the San Luis Obispo Mothers for Peace 1
("MFP) filed a motion for leave to file additional discovery I
requests.l' Pacific Gas Electric Company
("PG&E")
herein responds.
The late discovery requested by MFP (included in the s
Motion) involves the identity and area of expertise of each witness ~
PG&E expects to call in any hearing in this proceeding, the i
educational and professional experience of each witness, and the j
" substance of testimony of each witness." MFP unilaterally claims that the " request is not burdensome for PG&E."
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l' "Intervenor San Luis Obispo Mothers for Peace Motion for Leave to File Additional Discovery (Identification of Witnesses),"
i' April 12, 1993 (" Motion").
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.l 9305060132 930427 0
PDR ADOCK 05000275 1
G PDR
MFP, in its Motion, recognizes that this discovery request is late.
Such additional, late discovery should be permitted, if at L'
al1, only upon good cause shown. MFP, however, states only that it
" overlooked" the need to request from PG&E an identification of witnesses.F MFP therefore fails to show good cause.
This lack of good cause is underscored by the fact that MFP itself has, thus far in this proceeding, failed to identify its own witnesses and failed
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to provide any information on those witnesses.
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Nonetheless, PG&E will in this instance agree to provide to f
MFP the identity of its witnesses on the admitted contentions, once PG&E itself identifies the witnesses.
At this time, PG&E has made l
t no such determination.
MFP has not responded to PG&E's pending j
discovery requests, and, as a result, PG&E does not yet know what 3
MFP's issues are in this case.
Therefore, until discovery-I responses are forthcoming from MFP, PG&E cannot identify witnesses.
I When PG&E provides the identity of its witnesses, it will also provide qualifications for each witness and a brief description of r
F MFP has failed even to show a ne_e_d for the requested information.
The time for discovery requests on the two admitted contentions is passed, and MFP has not noticed depositions of any PG&E witness.
Therefore, the identity of witnesses would seem to serve no purpose.
Moreover, the identity of witnesses and the substance of testimony will be apparent when and if PG&E files direct testimony in this case.
This pre-filed testimony will be available to MFP in advance of ariy hearing.
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the topics to be addressed by each witness.2/ ~ PG&E believes that this should be deemed sufficient to respond to MFP's request.
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'i Respectfully submitted, oh L{
David A. Repka 1
WINSTON & STRAWN 1400 L Street, N.W.
-l Washington, DC 20005-3502 (202) 371-5726 1
Christopher J. Warner Richard F.
Locke PACIFIC GAS AND. ELECTRIC COMPANY l
77 Beale Street
-j San Francisco, CA 94106
>j Attorneys for Pacific Gas and-Electric Company
-[
l Dated in Washington, DC l
this 27th day of April, 1993
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The -latter - information. should satisfy MFP's request.for a
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description of.:"the substance of. the. testimony. of each -
witness."
Anything more than~ a brief ' description of - the topics to be. addressed by the witnesses would be, ~ contrary. to -
MFP's unilateral
- claim, burdensome to PG&E.
'The full
" substance" of the testimony will become apparent in.prefiled-direct testimony.
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r-sr
-m-n e
er
UNITED STATES OF AMERICA
'l Ii i NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDG pp g In the Matter of:
)
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Docket Nos. 50 215-OLA ;' MJ Pacific Gas and Electric Company
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50-323 O W d
)
(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 i
RESPONSE TO SAN LUIS OBISPO MOTHERS FOR PEACE HOTION FOR LEAVE TO FILE ADDITIONAL DISCOVERY (IDENTIFICATION OF WITNESSES)" 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 overnight delivery, this 27th day of April, 1993.
Charles Bechhoefer, Chairman
- Frederick J.
Shon*
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*
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.*
U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission i
Attn:
Docketing and Service Washington, DC 20555 i
Section (original + two copies) r Adjudicatory File Peter Arth, Jr.
i 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
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Nancy Culver, President Truman Burns Board of Directcrs California Public Utilities San Luis Obispo Mothers for Peace Commission 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 Ait.O N David A.
Repka Counsel for Pacific Gas &
Electric Company i
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