ML20058P370

Memorandum & Order (Telcon 931209).* Smud Unopposed Motion Granted.W/Certificate of Svc.Served on 931217

ML20058P370
Person / Time
Site:	Rancho Seco
Issue date:	12/16/1993
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	SACRAMENTO MUNICIPAL UTILITY DISTRICT
References
CON-#493-14530 93-677-01-DCOM, 93-677-1-DCOM, DCOM-R, LBP-93-23, NUDOCS 9312270098
Download: ML20058P370 (4)

Text

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UNITED STATES OF AMERICA i

NUCLEAR REGULATORY COMMISSION

'93 MN ATOMIC SAFSTY AND LICENSING BOARD l

Before Administrative Judges:

Charles Bechhoefer, Chairman Dr. Richard F. Cole Thomas D. Murphy bD 0E 17l993 j

i In the Matter of Docket No. 50-312-DCOM-R SACRAMENTO MUNICIPAL (Decommissioning Plan)-

j UTILITY DISTRICT j

(Rancho Seco Nuclear ASLBP No. 93-677-01-DCOM-R'

]

Generating Station, Facility gperating License No. DPR-54)

December 16, 1993 i

l MEMORANDUM AND ORDER (Telephone Conference call, 12/9/93) j In our Second-Prehearing Conference Order, LBP-93-23, l

dated November 30, 1993, at slip'op p.

87, we indicated I

that we would convene a telephone conference call to f

establish schedules for discovery on the contentions we had admitted,_the filing of further motions for summary disposition, and, if necessary, evidentiary hearing dates.

1 We held such a call on December 9, 1993.

Participating were Judges Bechhoefer and Murphy,' Thomas A.

Baxter, Esq.,, David

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R.

Lewis, Esq., Vincent J.

Colatrino, Esq. and Mr. James Shetler for the Sacramento Municipal Utility District (SMUD), Edwin Reis, Esq. and Lisa Clark, Esq., for the NRC j

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9312270098 931215 PDR ADOCK 05000312 i

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, Staff, and James McGranery, Jr.,

Esq. for the Environmental and Resources Conservation Organization (ECO).

The Board was advised that, given the non-appealability of LBP-93-23, SMUD and ECO each wished to seek discretionary i

Commission review (pursuant to 10 C.F.R. S 2.786) of certain of the Board's holdings.

SMUD advised that it wished to seek review of all the admitted bases except 13 (for which i

no review would be sought).

ECO advised that it wished to i

seek review of the Board's rulings on several other contentions or bases.

SMUD thereupon made an oral motion to stay all discovery, including discovery on Basis 13, pending the outcome of Commission review.

(SMUD committed to file such request by December 21, 1993 and, in fact, reportedly filed its request on December 15, 1993.)

All parties consented to such motion.

The Board inquired why discovery should be stayed on j

Basis 13, inasmuch as no review of the admittance of that basis was being sought.

The parties explained that discovery on Basis 13 would to some extent overlap that on the other bases and that suspension on all of them would avoid duplication and simplify the later course of the proceeding.

The Board noted that the sought stay of discovery would to some extent run counter to established Commission practice with respect to discovery pending appellate review under 10 C.F.R. 5 2.714a.

But, given the circumstance that

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all parties wished such a stay, and the lack of any immediate urgency for completing this-prcscacing,'the Board aranted SMUD's unopposed motion.

IT IS SO ORDERED.

I For the Atomic Safety and Licensing Board no u

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u nj C'arles Bechhoefer/ Chairman h

ADMINISTRATIVE JUDGE

. I Bethesda, Maryland December 16, 1993 Judge Cole, who was unable to participate in the conference call, was advised as to the arguments advanced by the parties and joins the Board in approving SMUD's motion.

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i UNITED STATES OF AMERICA j

NUCLEAR REGULATORY C0tmISSION i

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In the Matter of i

SACRAMENTO MUNICIPAL UTILITY Docket No.(s) 50-312-DCOM DISTRICT (Rancho Seco Nuclear Generating i

Station (Decomissioning Plan))

i CERTIFICATE OF SERVICE i

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I hereby certify that copies of the foregoing LB M&O (TELECONF CALL 12/9) i have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

i Office of Comission Appellate Administrative Judge j

Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board j

Washington, DC 20555 U.S. Nuclear Regulatory Comission j

Washington, DC 20555 j

a i

Administrative Judge Administrative Judge Richard F. Cole Thomas D. Murphy l

Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission-Washington, DC 20555 Washington, DC 20555 l

l Charles A. Barth, Esq.

James P. McGranery, Jr., Esq.

Lisa B. Clark, Esq.

. Counsel for Petitioner Office of the General Counsel 1255 23rd Street, N.W., Suite 750 U.S. Nuclear Regulatory Commission Washington, DC-20037 Washington, DC 20555 1

Thomas A. Baxter, Esq.

David R. Lewis, Esq.

Shaw, Pittman Potts & Trowbridge 4

2300 N Street, NW.

Washington, DC 20037 l

Dated at Rockville, Md. this 17 day of December 1993 g /_._ _.-- -

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Office of the Secretary of.the Commission i

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