ML20046C548

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Notifies Commission That Util Will Not Be Filing Brief in Response to Ruling Re Construction Period Recovery for Plant by Close of Business
ML20046C548
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 08/03/1993
From: Repka D
PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#393-14176 OLA, NUDOCS 9308110127
Download: ML20046C548 (2)


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August 3, 1993 Samuel J. Chilk Office of the Secretary Washington, DC 20555 Attn: Docketing and Service Section Re:

Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), Docket Nos. 50-275-OLA. 50-323-OLA (Construction Period Recoverv)

Dear Mr. Chilk:

r In an Order, issued in the above-captioned proceeding and dated July 23,

1993, the Nuclear Regulatory Commission

("Co= mission")

amended the briefing schedule it previously had established by Order dated July 19, 1993, in connection with a ruling referred to it by the Atomic Safety and Licensing Board

(" Licensing Board").I' Specifically, the July 23 Order offered Pacific Gas and Electric Company ("PGLE") the opportunity to file a brief in response to the referred ruling no later than the close of business on August 3, 1993.

The opportunity was contingent on the inability of the parties to this proceeding to reach an agreement regarding a protective order by August 2,

1993, t

Herein, PG&E notifies the Commission that it will not be filing a brief by close of business today.

The parties to this proceeding participated in a conference call with the Licensing Board on July 29, 1993, during which the Licensing Board defined the terms of the protective order to govern this matter.

Those terms are acceptable to PG&E.

Furthermore, PG&E expects the Licensing Board to issue the protective order today.

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" Memorandum and Order (Granting Discovery Request / Referring Ruling to Commission)," LBP-93-13, July 19, 1993.

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1 9308110127 930803 DR ADOCK 05000275

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l Samuel J.

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August 3, 1993 Page 2

't Given the Licensing Board's decision last week and PG&E's earlier decision to voluntarily waive the privilege at issue in the referred ruling, the referral now appears to be moot.

Very truly yours,

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k David A.

Repka

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Counsel to Pacific Gas and Electric Company cc:

Service List D

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