ML20059E853

NRC Staff Response to Board Memorandum & Order Re Extension of Time.* Staff Believes That San Luis Obispo Mothers for Peace Has Shown No Good Cause for Requesting Extension to File Proposed Findings of Fact.W/Certificate of Svc

ML20059E853
Person / Time
Site:	Diablo Canyon
Issue date:	10/27/1993
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#493-14420 OLA-2, NUDOCS 9311040008
Download: ML20059E853 (5)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 93 0C128 AS:19 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,, .,

In the Matter of )

)

PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275 OLA-2

) 50-323 OLA-2

) (Construction Period Recovery)

(Diablo Canyon Nuclear Power Plant )

Units 1 and 2) ) l NRC STAFF RESPONSE TO BOARD MEMORANDUM AND ORDER REGARDING EXTENSION OF TIME INTRODUCTION On October 18,1993, San Luis Obispo Mothers for Peace (SLOMFP) filed a motion requesting a two-week extension of time in which to file proposed findings of fact and conclusions oflaw in this proceeding.' On October 19,1993, the Atomic Safety and Licensing Board (Licensing Board) issued an order setting a schedule for filing responses.2 The NRC Staff hereby responds.

DISCUSSION SLOMFP does not show good cause for requesting the extension. It ptts to no circumstance that has changed since the close of the record when the schedule for +

filing was established by the Board. The Commission's regulations at 10 C.F.R. 2.754(a)(1)-(3) specifically provide for time in which to file findings of fact o

'" San Luis Obispo Mothers for Peace's Motion for Extension of Time for Filing Proposed Findings of Fact and Conclusions of Law," October 18, 1993.

2 Memorandum and Order (Responses to Motion for Extension of Time), October 19,1993.

PDt DD 0 ) 75 - gi G PDR {

and conclusions oflaw. These regulations provide that the party with the burden of proof chall file within 30 days after the close of the record, and other parties may file within 40 days, except that the Staff shall file in 50 days after the close of the record.

However, the Board also is empowered to enlarge or shorten for good cause the period of time prescribed. 10 C.F.R. 5 2.711(a).

The Board has already been extremely generous in providing all panies a schedule that is substantially enlarged over that contemplated in the regulations, giving SLOMFP 28 days rather than the 10 days contemplated in the regulations after the Licensee's filing. The Staff filing is due 20 days after SLOMFP's filing, a period that includes two federal holidays.

In support of its motion, SLOMFP notes that the issues in the documents introduced in evidence are technical and complex and, therefore, it now says it needs more time to understand these documents in the record. However, this is not good cause.

The majority of the documents were introduced by SLOMFP and it was SLOMFP's obligation to know the meaning of these documents at the time it offered them in evidence, and not when writing findings. The Staff concedes that SLOMFP may have limited resources in preparing its findings, but points out that SLOMFP's counsel has  !

extensive experience in litigation before the Commission and is practiced in the preparation of findings of fact and conclusions oflaw.

CONCLUSION As discussed, the Staff does not believe that SLOMFP has shown good cause for its motion to extend time. That notwithstanding, the Staff does not object to the i

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Licensing Board's adopting the revised filing schedule proposed in the Licensing Board's order of October 19, 1993,

• Respectfully submitted, W V\ _,' oC M Ann P. Hodgdon Counsel for NRC Staff Dated at Rockville, Maryland this 27th day of October 1993 I

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '93 DCT 28 lw :19 IlEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' , ,  ;

In the Matter of )

) Docket Nos. 50-275 OLA-2 PACIFIC GAS & ELECTRIC COMPANY ) 50-323 OLA-2

) (Constructed Period Recovery)

(Diablo Canyon Nuclear Power Plant, )

Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO BOARD MEMORANDUM AND ORDER REGARDING EXTENSION OF TIME" in the above captioned proceeding have been served on the following by deposit in the United States mail first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 27th day of October 1993:

Charles Bechhoefer* Office of Commission Appellate Administrative Judge Adjudication

• Atomic Safety and Licensing Board Mail Stop: 16-G-15 OWFN Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Wast.ington, DC 20555 Adjudicatory File * (2)

Jerry R. Kline" Atomic Safety and Licensing Board Administrative Judge Panel Atomic Safety and Licensing Board Mail Stop: EW-439 Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Board Frederick J. Shon* Panel

• Administrative Judge Mail Stop: EW-439 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: EW-439 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555

Nancy Culver, President Office of the Secretary * (2)

San Luis Obispo Mothers for Peace Attn: Docketing and Service P.O. Box 164 Mail Stop: 16-G-15 OWFN Pismo Beach, CA 93448 U.S. Nuclear Regulatory Commission Washington, DC 20555 Christopher J. Warrar Richard F. Iacke Joseph B. Knotts, Jr., Esq.

Pacific Gas & Electric Co. David A. Repka, Esq.

77 Beale Street Kathryn M. Kalowsky, Esq.

San Francisco, CA 94106 Winston & Strawn 1400 L Street, N.W.

Greg Minor Washington, DC 20005-3502 MHB Technical Assoc.

1723 Hamilton Avenue, Suite K Truman Burns San Jose, CA 95125 Robert Kinosian California Public Utilities Commission Diane Curran 505 Van Ness, Room 4103 IEER San Francisco, CA 94102 6935 Laurel Avenue, Suite 204 Takoma Park, MD 20912

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Ann p. Hodgdon Counsel for NRC Staff Q