ML20039F802

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Memorandum & Order Denying Applicant Motion at 811202 Conference,To Compel Governor Brown Counsel to Produce Documents Withheld from Production Under Privilege Claim. Documents Irrelevant & Will Not Lead to Relevant Info
ML20039F802
Person / Time
Site: Diablo Canyon  
Issue date: 01/11/1982
From: Bright G, Kline J, Wolf J
Atomic Safety and Licensing Board Panel
To:
PACIFIC GAS & ELECTRIC CO.
References
ISSUANCES-OL, NUDOCS 8201130395
Download: ML20039F802 (2)


Text

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Before Administrative Judges:

[chMMfj John F. Wolf, Chairman ERANCH y

Glenn 0. Bright Dr. Jerry Kline SERVED JAN121982

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In the Matter of:

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Docket Nos. 50-275 OL

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50-323 OL PACIFIC GAS AND ELECTRIC COMPANY

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(Diablo Canyon Nuclear Power Plant,

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Units 1 and 2)

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January 11, 198L

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MEMORANDUM AND ORDER At the Ccr.fsrcnce of Counsel held on December 16, 1981, Applicant's motion, dated December 2, 1981, to compel Counsel for Governor Brown to produce documents which they had withheld from production, under claim of privilege, was discussed.

The Board took the motion to compel under advisement and directed Governor Brown's counsel to submit for i$ camera inspection, all documents as to which privilege is claimedj The twelve documents _in question were found to fall into several different groups.

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1.

Two documents. were inadvertently produced in discovery and accordingly no ruling is n.ecessary in this order.

2.

Several documents related to earthquakes, a subject over which the Board has no jurisdiction. They would not lead to relevant information.

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B201130395 820111 Pta ADOCK 05000275 Q

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2-Accordingly, they do not have to be produced in connection with the prospective full power hearing.

3.

The balance of the documents fell into the category of attorney-client privilege; many of them were not relevant to issues in the l

full power hearing and the Board's analysis showed that they would not. lead to the discovery of relevant information.

i The documents which were submitted for our in camera inspection are being held until this matter is closed.

Accordingly, it is ORDERED

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That the Pacific Gas and Electric Company's motion to compel production i

of documents and for expedited decision is denied.

THE ATOMIC SAFETY AND LICENSING BOARD f.L}

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U$n F. Wolf, Chairman

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j AUMINISTRATIVE JUDGE k (?, )

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Glenn O. Bright ADMINISTRATIVE J;!DGE

!n 11 gr.JerryKline' ADMINISTRATIVE JUDGE Issued and entered this lith day of i

January 1982, at Bethesda, Maryland.

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