ML20039D727
| ML20039D727 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/29/1981 |
| From: | Lanpher L CALIFORNIA, STATE OF, KIRKPATRICK & LOCKHART |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20039D724 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8201060061 | |
| Download: ML20039D727 (7) | |
Text
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety 'and Licensing Board t
)
In the Matter of
)
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PACIFIC GAS AND ELECTRIC COMPANY
) Docket Nos. 50-275 0.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power
)
Plant, Units 1 and 2)
)
)
MOTION FOR RECONSIDERATION OF PREHEARING CONFERENCE MEMORANDUM AND ORDER Counsel for Governor Brown received today this Board's
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Memorandum and Order (" Order"), dated December 23, 1981.
There is one aspect of the Board's Order which the Governor must ask
~1/
the Board to reconsider.~
The Board has ruled that the Governor and Joint Intervenors must serve their experts' testimony on or before Saturday, January 9, 1981.
Order at 6.~2/ The Staff and PG&E have until Monday, January 11, 1981 to serve testimony.
The i
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There are several rulings in the Order with which the Governor disagrees.
However, in light of time limitations, we seek immediate reconsideration of only the matter discussed in the text.
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The Order refers-to experts ' testimony being served on January 9 but in describing the January 9 filing, it sounds more like a summary of testimony.
Counsel could conceivably serve a summary of testimony on January 9, although the useful-ness of such a summary is unclear since PG&E and Staff testimony must be filed January 11.
8201060061 5
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4 apparent basis for this ruling. was PG&E's allegation that the' Governor's witnesses and Joint Intervenors' witnesses had '
thwarted-the discovery process.
The Governor strongly objects to the January. 9 date for submission of witness testimony. -First, PG&E's allegations-regarding efforts to thwart discovery are entirely untrue.
Indeed, as the Board noted,
[t]he precise situation regarding the deposition of the Governor's experts was not made clear by Applicant's counsel. "
Order at 6.
The Board also ruled that' there was a " lack of probative evidence" to support PG&E's request for sanctions.
Id. Thus, this Board' properly denied the motion of PG&E to limit the experts' testimony.
Given this record, there can be no basis for imposing one filing date on the Governor and Joint Intervenors and a later date for PG&E and the Staff.-3/
Se cond, the January 9 filing date imposes a substantial hardship on the Governor's counsal and witnesses.
We not only-need. to prepare testimony, but also must file opposition to summary disposition motions by January 14, 1981.
Given these twin filings --
testimony'and summary disposition -- any diminution of time for either filing imposes a severe constraint.
3/
The Board specifically informed counsel for Gove:;nor Brown that
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he did not need to respond to PG&E's allegations.
Tr.-at 11,512,.
'11,518.'
To now find, however, that these allegations form the.
apparent basis for an earlier filing date is most disturbing, i
particularly since we had never been given the opportunity to give our-views on the earlier filing date.
4 L :
A
Indeed, counsel foi Governor Brown spoke with his experts at MHB Technical Associates yesterday (prior to receipt of the Order) regarding the twin filings.
It was agreed that their testimony would be sent to counsel in Washington, D.C.
on January 8, 1981, with receipt expected on January 9.-4/
Counsel will then review the testimony over the weekend, confer with the witnesses, make any necessary revisions, and serve it on January 11.
This testimony will then likely serve as a portion of the summary disposition response due to be filed later that week.
The Board has recognized the tight schedule.
The Board is well aware of the tight schedule of evence that was agreed to by the parties and the extenuating circum-stances faced by the Joint Intervenors.
The situation calls for coordination and avoidance of mere technical positions regarding time.
Order at 6.
With all respect, this recognition of the tight schedule does not justify tightening the schedule on two of the parties.
The January 11 filing date for testimony was established in late November or early December.
To abruptly change that date, even by two days, at this late time is not justified.
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i 4/
Two of the Governor's three witnesse will be traveling on i
business during the early part of the week of January 4-9.
I This makes it impossible for them to complete their testimony l
and send it to counsel before January 8.
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t I I
Accordingly, the Governor moves this Board promptly to amend-j.ts December 23 Order and to reinstate the January 11 l
. testimony filing'date for all parties.
Respectfully submitted, Byron S. Georgiou
' Legal. Affairs Secretary Governor's Office Sacramento, California 95814 (f
's
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December 29, 1981 ha Avv
. d - ~.x, 9
.e,_.
m Herbert H. Brown Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 19 00 M S treet, N.W.
Washington, D.C.
20036 Counsel for Governor Brown of the State' of California 1
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i e
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 0.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power
)
Plant, Unit Nos.1 and 2)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION FOR RECONSIDERATION OF PREHEARING CONFERENCE MEMORANDUM AND ORDER" have been served to the following on December 29, 1901 by U.S. Mail, first class, except as otherwise noted.
Mr. Thomas Moore, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
Dr. W.
Reed Johnson Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory _ Commission Washington, D.C.
20555 Dr. John H. B uc.'.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission
' Washington, D.C.
20555 Chairman Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jonn F. Wolf, Esq., Chairman (*)
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Mr. Glenn O. Bright (*)
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R.
Kline
(*)
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 William J. Olmstead, Esq. (*)
Edward G.
Ketchen, Esq.
Office of Executive Legal Director BETH 042 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 ATTENTION:
Docketing and Service Section Mrs. Elizabeth Apfelberg 1415 Cozadera San Luis Obispa. California 93401 Janice E.
Kerr, Esq.
Public Utilities Commission 5246 State Building 350 McAllister Street San Francisco, California 94102 Mrs. Raye Fleming 1920 Mattie Road Shell Beach, California 93449 Mr. Frederick Eissler Scenic Shoreline Preservation Gonference, Inc.
4623 More Mesa Drive Santa Barbara, California 93105 Mr. Gordon Silver Mrs. Sandra A.
Silver 1760 Alisal Street San Luis Obispo, California 93401 Joel R. Reynolds,.Esq.
(#)
John R.
Phillips, Esq.
Center for Law in the Public Interest 10951 West Pico Boulevard Third Floor Los Angeles, California 90064 Bruce Norton, Esq.
(#)
Norton, Burke, Berry & Junck 3216 North Third Street, Suite-300 Phoenix, Arizona.
85012
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Philip A. Crano, Jr., E:q.
F. Ron21d Lauphnim;r, Esq.
Richard F. Locke, Esq.
Pacific Gas and Electric Company P.O. Box 7442 San Francisco, California 94106 David S. Fleischak'er, Esq.
P.O. Box 1178 Oklahoma City, Oklahoma 73101 Arthur C. Gehr, Esq.
Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 Mr. Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue, Suite K San Jose, California 95125 Mr. Carl Neiberger Telegram Tribune P.O.
Box 112 San Luis Obispo, California 93402 Byron S. Georgiou, Esq.
Legal Affairs Secretary Governor's Office State Capitol Sacramento, California 95814 Lawrence Coe Lanpher HILL, CHRISTOPHER AND PHILLIPS, P.C.
1900 M Street, N.W.
Washington, D.C.
20036
(*)
By hand on December 29, 1981
(#)
By Federal Express on December 29, 1981 L.