ML20045D734

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Pge Motion for Schedule Change.* Util Moves That Licensing Board Adopt Listed Revised Schedule.W/Certificate of Svc
ML20045D734
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 06/21/1993
From: Repka D
PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN
To:
Atomic Safety and Licensing Board Panel
References
CON-#293-14059 OLA-2, NUDOCS 9306300005
Download: ML20045D734 (5)


Text

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USNHC June 21, 1993

'93 jut 122 P5 :13 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of:

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)

Docket Nos. 50-275-OLA_ 4 Pacific Gas and Electric Company

)

50-323-OLA

)

(Construction Period (Diablo Canyon Nuclear Power

)

Recovery)

Plant, Units 1 and 2)

)

)

PACIFIC GAS AND ELECTRIC COMPANY'S MOTION FOR SCHEDULE CHANGE i

At the Prehearing Conference on May 12, 1993, the Atomic Safety and Licensing Board

(" Licensing Board")

established a 4

schedule for summary disposition motions on admitted content. ions in this proceeding.

S.g_q Tr. 566.

Under this schedule, any party that chooses to file such a motion would do so on or before July 2, 1993.

However, at the Prehearing Conference the Licensing Board 4

also proposed an option whereby, "in the interest of moving the proceeding along," the parties could forego their right under 10 C.F.R.

S 2.149 to file summary disposition motions.

Tr. 519.

In discussing this option, the Licensing Board noted that the schedule for testimony and hearings could be reevaluated and advanced if there would be no summary disposition motions.

Tr. 567.l' l'

S1q also Prehearina Conference Order (Late-Filed Contentions and Discovery), LBP-93-6, at 36, n.2, June 17, 1993.

9306300005 930621 "

PDR ADOCK 05000275 bD G

PDR

Pacific Gas and Electric Company ("PG&E") herein invokes the alternative schedule offered by the Licensing Board at the Prehearing Conf.erence.

PG&E proposes to forgo summary disposition motions on both admitted contentions, to proceed directly to prefiled testimony and a

hearing on these

matters, and, accordingly, to advance the schedule for hearing.

j

.)

Specifically, PG&E moves that the Licensing Board adopt the i

.)

following revised schedule for this. case

  • 1 July 30:

All parties file written direct testimony on the ' two admitted contentions in accordance with 10 C.F.R. 2.743 (b) (1).

'ugust 16:

Public hearings begin in San Luis Obispo.

A Hearings continue day to day until completion.

1 This schedule gives all parties ample time to prepare direct testimony; preparation can be accomplished in the time that otherwise would have been spent preparing or responding to summary disposition motions.

This schedule is also consistent with the Commission's policy favoring a hearing process that " moves along at an expeditious pace, consistent with the demands of fairness."F Counsel for PG&E has discussed this proposal in general form with the parties to the proceeding.

PG&E is amenable to a F

Statement of Policy on Conduct of Licensina Proceedinas, CLI-81-8, 13 NRC 452, 453 (1981). i

4 4

conference call with the Licensing Board and parties at the Board's earliest convenience to establish the specific schedule.

Respectfully submitted, ob 7

David A. Repka WINSTON & STRAWN 1400 L Street, N.W.

Washington, D.C.

20005 (202) 371-5726 Christopher J. Warner Richard F.

Locke PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street San Francisco, CA 94106 Attorneys for Pdcific Gas and Electric Company Dated in Washington, D.C.

this 21st day of June, 1993 1

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1

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UNITED STATES OF AMERICA

%fi H NUCLEAR REGULATORY COMMISSION j

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD JN 22 P5 :13 In the Matter of:

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at #

)

Docket Nos. SI92755-O k I#3 i

1 Pacific Gas and Electric Company

)

50-323 0LA i

)

(Construction Period (Diablo Canyon Power

)

Recapture)

Plant, Units 1 and 2)

)

)

CERTIFICAT3 OF SERVICE I hereby certify that copies of " PACIFIC GAS AND ELECTRIC COMPANY'S MOTION FOR SCHEDULE CHANGE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicatad by an asterisk

(*),

by deposit for Federal Express delivery, this 21st day of June, 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 i

Washington, DC 20555 U.S. Nuclear Regulatory Commission i

Attn:

Docketing and Service Washington, DC 20555 Section (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 l

505 Van Ness Avenue San Francisco, CA 94102

~

Nancy Culver, President Truman Burns Board of Directors California Public Utilities San Luis Obispo Mothers for Peace Commission P.O.

Box 164 505 Van Ness, Rm. 4103 i

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 l

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David A.

Repka

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Counsel for Pacific Gas and Electric Company l

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