ML20086T329

Response of Governor Deukmejian to Util 840229 Motion for Extension of Time to Respond to Joint Intervenor 840222 Motion to Reopen & Motion of Deukmejian for Like Extension of Time to Reply.Certificate of Svc Encl

ML20086T329
Person / Time
Site:	Diablo Canyon
Issue date:	03/01/1984
From:	Strumwasser M CALIFORNIA, STATE OF
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
OL, NUDOCS 8403060260
Download: ML20086T329 (9)

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UNITED STATES OF AMERICA 00CHETED UMBC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOAlf MR -5 A11 :27 l iE5[?3EC2 tp y =dVi , V s.m.,C H In the Matter of )

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PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 OL

) 50-323 OL (Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) )

I ANSWER OF GOVERNOR DEUKMEJIAN TO MOTION OF PACIFIC GAS AND ELECTRIC COMPANY FOR EXTENSION OF TIME TO RESPOND TO JOINT INTERVENORS' MOTION TO REOPEN AND MOTION OF GOVERNOR DEUKMEJIAN FOR A LIKE_ EXTENSION OF TIME TO ANSWER On February 22, Joint Intervenors filed a Motion to Reopen the Record on Construction Quality Assurance and on Licensee Competence and. Character. On February 29, applicant Pacific Gas and Electric Company (PG&E) filed a Motion for Extension of Time Within Which to Pile a Response to Joint Intervenors' Motion to Reopen the Record on Construction Ouality Assurance, seeking for itself until March 19 -- an additional 14 days -- to respond-to the motion.

In a conversation between counsel for PG&E and counsel for the Governor on February 29, the latter concurred

~in the PG&E request and sought an agreement that the same extension would be available to the Governor. Counsel for PG&E agreed. Yet the motion filed the same day objects to the

. Governor being given the same extension PG&E seeks for itself.

5403060260 840301 PDR ADOCK 05000275 y e PDR D563

Governor Deukmejian does not object to the request of PG&E for the additional fourteen days to respond to Joint Intervenors' motion. The_ grounds cited by PG&E -- the volume of the motion, the' fact that much of the material raises new issues, and the competing demands on personnel to respond to Joint Intervenors' Motion to Augment.the Record or, in the Alternative, to Reopen the Record on Design Ouality Assurance are all valid grounds for the relief sought. (PG&E Motion, pp. 1-3.)

The same facts provide ample justification for the same extension for the Governor's response. Joint Intervenors' motion is no less voluminous for the Governor. The considerably smaller staff of attorneys and engineers handling the matter for_the-Governor are fully engaged in preparing an answer to the motion on design quality assurance, due on March 6 for both PG&E and the Governor. Indeed, the Governor received the' Joint Intervenors' most recent motion later than did'PG&E, not having been served by express mail;1/ the motion was not received by counsel-for the Governor until Monday, February 27.- .Under the circumstances, an extension to March 19 is.necessary for the Governor to respond. Plainly he-is at

1. Because the Governor was served by first class mail, and not' express mail, he would ordinarily be entitled to three more days than would the parties served by express mail. (10 C.P.R. S 2.710.) In the present case, the difference in mode of filing has little effect on.the time required for response, since during the three day interval the Governor's counsel and experts were fully engaged in preparing their response to the motion on design quality assurance. Accordingly, the Governor'c request is for only an eleven-day extension, i

bringing his due date in line with that of PG&E.

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-least as entitled to the extension as is the applicant.

PG&E's claimed reason for being entitled to more time than the Governor to respond to the motion is PG&E's

. pronouncement that "it is a given.that his response will offer arguments in support of reopening the record to litigate COA.

.. . Undoubtedly counsel for the Governor will raise different arguments in support of reopening which PGandE should, in fairness, be allowed to respond to in its filing." (PG&E Motion, p. 2, fn.)2/

The Governor respectfully urges the Atomic Safety and Licensing Appeal Board to decline PG&E's request that it take advance

. judicial notice of the substance of the Governor's filing. The position a party takes on a motion does not properly affect the time the party is accorded to present that position.

If the Governor's response contains material that PG&E feels entitles it to rebuttal, it may seek leave of this board to m:tke such a filing. It will then fall on PG&E to make the requisite showing, in the absence of which the rules clearly prohibit the filing PG&E wants to make. (10 C.F.R.

S 2.730.)

PG&E also argues that it has more evidence to review in preparing its response. (PG&E Motion, p. 2, fn.) True enough. It also has vastly more people to do the looking.

(PG&E's suggestion that the Governor does not have to

" substantively respond" to the factual allegstions is, of i 2. PG&E goes on to support an extension for the Governor

- to March 15 (in-hand March 16).

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1 course, false. Whatever response is filed can be expected to be substantive.)

Joint Intervenors have filed a weighty motion. Both PG&E and the Governor are entitled to sufficent time to respond to-it. Accordingly, the Governor asks that the date for his response ~to be filed also be extended to March 19, 1984, for delivery to the board and the parties March 20.

Dated: March 1, 1984 JOHN K. VAN DE KAMP, Attorney General of the State of California ANDREA SHERIDAN ORDIN, Chief Assistant Attorney General MICHAEL J. STRUMWASSER, Special Counsel to the Attorney General PETER H. KAUFMAN, SUSAN L. DURBIN, Deputy Attorneys General

. l i g/ I By '

MI AEL J. STRUMWASSER Attorneys for Governor George Deukmejian

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UNITED STATES OF AMERICA 00tKETED wiNFC NUCLEAR REGULATORY COMMISSION

.BEFORE THE ATOMIC SAFETY AND LICENSING khP b bO b

, . v nc tETA

~

) ,2ilmi i SEi<VHJ.

In the Matter of ) 3 RANCH

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L.

) 50-323 0.L.

(Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that on this date I caused copies of the foregoing Answer of Governor Deukmejian to Motion of Pacific Gas and Electric Company for Extension of Time to Respond to Joint Intervenors' Motion to Reopen and Motion of Governor Deukmejian for-a Like Extension of Time to Answer to

-be served on-the following by U.S. Mail, first class (except for.those persons marked with an asterisk ("*"), to whom the envelope was posted Express Mail), postage prepaid.

Hon. Nunzio Palladino, Chairman U.S.. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 Hon. Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 Hon.. Thomas Roberts, Commissioner U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 1.

e Hon. James Asselstine, Commissioner U.S. Nuclear Regulatory Commission 1717 H Street,-N.W.

Washingtor., D.C. 20555 Hon. Frederick M. Bernthal, Commissioner U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington,'D.C. 20555 Hon. Thomas S. Moore, Chairman

• Atomic Safety and Licensing Appeal Board U.S. Nuclear. Regulatory Commission Washington, D.C. 20555 Hon. W. Reed Johnson *

' Atomic Safety and Licensing Appeal Board U.S.. Nuclear Regulatory Commission Washington, D.C. 20555 Hon. John H. Buck

• Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Judge John F. Wolf, Chairman Atomic' Safety and Licensing Board U.S. Nuclear Regulatory Commission Wa3hington,.D.C. 20555 Judge Glenn O.-Bright

. Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Judge Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Harold Denton

.Di rector of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Leonard Bickwit, Esq.

- Office of the General Counsel U.S. Nuclear Regulatory Commi.ssion Washington, D.C. 20555 2.

Lawrence Chandler, Esq.

• Henry J. McGursen, Esq.

Office of Executive Legal Director BETH 042 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Section Mrs. Elizabeth Apfelberg

'1415 Cozadero San Luis Obispo, CA 93401 Janice E. Kerr, Esq.

Public Utilities Commission 5246 State Building 350 McAllister Street San Francisco, CA 94102 Mrs. Raye Fleming 1920 Mattie Road ,

Shell Beach, CA 93449 Mr. Prederick Eissler Scenic Shoreline Preservation Conference, Inc.

4623 More Mesa Drive Santa Barbara, CA 93105 Gordon Silver Sandra A. Silver 1760 Alisal Street San Luis Obispo, CA 93401 Joel R. Reynolds, Esq.

Eric Havian, Esq.

John Phillips, Esq.

Center for Law in the Public Interest 10951 West Pico Boulevard, Third Floor Los Angeles, CA 90064 Bruce Norton, Esq.

• Norton, Burke, Berry & Prench 2002 East Osborn Phoenix, AZ 85064 Philip A. Crane, Jr., Esq.

• Richard F. Locke, Esq.

Pacific Gas and Electric Company 77 Beale Street, Room 3135 San Francisco, CA 94106 3.

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David S. Fleischaker, Esq.

P. O.. Box 1178 Oklahoma City,'OK 73101 Arthur C. Gehr, Esq.

Snell~& Wilmer

'3100 valley Bank Center Phoenix, AZ 85073

- - Mr. Richard B.'Hubbard MHB Technical Associates 1723 Hamilton Avenue, Suite K )

San Jose, CA 95125 Mr. Carl Neiberger Telegram Tribune P. O. Box 112 San Luis Obispo, CA 93402 Virginia and Gordon Bruno Pecho Ranch P.O. Box 6289 Los Osos, CA 93402 Nancy Culver 192 Luneta

~. San Luis Obispn, CA 93401

- Maurice Axelrad, Esq.

• Lowenstein, Newman, Reis, & Axelrad 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 i

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Cheryle Johnson Five Cities Times Press Recorder P.O. Box 460 Arroyo Grande, CA 93420 DATED: March 1, 1984 JOHN K. VAN DE KAMP, Attorney General of the State of California ANDREA SHERIDAN ORDIN, Chief Assistant Attorney General MICHAEL J. STRUMWASSER, Special Counsel to the Attorney General SUSAN L. DURBIN, PETER H. KAUFMAN, Deputy Attorneys General By n

'l 14 :CHAEL J. STRUMWASSER Attorneys for Governor George Deukmejian 3500 Wilshire Boulevard Suite 800 Los Angeles, California 90010 (213) 736-2102 o

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