ML20086T804
| ML20086T804 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/29/1984 |
| From: | Norton B NORTON, BURKE, BERRY & FRENCH, PACIFIC GAS & ELECTRIC CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8403070044 | |
| Download: ML20086T804 (5) | |
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'84 MR -2 P2 :51 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS g. y 7
BEFORE THE ATOMIC SAFETY AND lib.m&d4n~i stgvi,
3 EN5!NGNCH 4
APPEAL BOARD 5
6 In the Matter of
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Docket No. 50-275 7
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Docket No. 50-323 PACIFIC GAS AND ELECTRIC )
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(Construction Quality
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Assurance) 9
.Diablo Canyon Nuclear
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Power Plant, Units 1
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10 and 2
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11
_ MOTION OF PACIFIC GAS AND ELECTRIC COMPANY 12 FOR EXTENSION OF TIME WITHIN WHICH TO FILE A RESPONSE TO 13 JOINT INTERVENORS' MOTION TO REOPEN THE RECORD ON 14 CONSTRUCTION QUALITY ASSURANCE 15 On February 22, 1964, Joint Intervenors ("JI") filed a 16 motion to reopen the record on construction quality 17
~ assurance.
The' motion itself is 64 pages, accompanied by 6
.18 affidavits,-1 attachment, and numerous exhibits.
In all, 19 the filing is approximately five inches thick, much of which 20 PGandE has never seen before.
For example, the January 31, J21 1984 affidavit of Harold Hudson, which is approximately one 22 and one-halt inches thick with attachments, was seen for the 23 first time when received on February 23, 1984.
There are 24 likewise two anonymous ten page affidavits which have never 25 been seen before.
26 In addition to the sheer bulk of the motion and its 8403070044 040229 PDR ADOCK 05000275 O
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_ attachments, PGandE's response to the motion is due March 5, 2
1984, the same date PGandE's response to Joint Intervenors' 3
- nost recent motion on design qual ty assurance is due.*
All i
s 4
of the lawyers working on the response to the design quality 5
6 7
8 An attempt was made to submit a stipulation regarding
-9 the date of PGandE's response.
Joint Intervenors were willing.to grant an extension of one week, to 10
_ March 12, 1954.
The Staff attorneys had no objection.
The counsel for Governor Deukmejian had 11 no objection to an extension so long as they had an equal extension, an arrangement with uhich PGandE 12 does not agree.
In light of the position taken by counsel for the Governor on COA to date, it is a 13 given that-his response will offer arguments in support of reopening the record to litigate COA.
14 Counsel for the Governor does not have to substantively research the factual allegations contained in the 15 affidavits or substantively respond to them and therefore should not need nearly the time to respond 16 as does PGandE.
Undoubtedly counsel for the Governor will-raise different arguments in support
-17 of reopening which PGandE should, in fairness, be allowed to respondsto inzits filing.
It is i
18 therefore reg'uested that counsel for the Governor be, required to file a response so that it is in
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19 the hands of all~ parties by no later than Friday, March 16, 1984.
20 21 22 23
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assurance motion and many, if not most, of the technical 2
People so assigned, are the same people who will be 3
responsible for preparing the response to the instant 4
motion.
In essence PGandE will not be able to effectively 5
start preparing a response to the instant motion until March 6
6, 1984.
In light of the voluminous size of the motion and 7
its. attachments it is respectfully requested that PGandE be 8
given until Monday, March 19, 1984 to file its response.
9 The response would of course be in the hands of the Board 10 and other. parties by March 20th.
11 Respectfully submitted, 12 ROBERT OHLBACH PHILIP A. CRANE, JR.
13 RICHARD F. LOCKE Pacific Gas and Electric Company 14 P. O. Box 7442 San Francisco CA 94120 15 (415) 781-4211 16 ARTHUR C. GEHR Snell & Wilmer 17 3100 Valley Bank Center Phoenix AZ 85073 18 (602) 257-7288 19 BRUCE NORTON Norton, Burke, Berry & French, P.C.
- 20 P. O. Box 10569 Phoenix AZ 85064 21 (602) 955-2446 22 Attorneys for Pacific Gas and Electric Company 23 Dated February 29, 1984 Bruce Korton 26
m. _ _ __ _
l 'm UNITED STATES O? AMERICA NUCLEAR REGULATORY COMMISSION In the Mntter of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket No. 50-275 pougrg,
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Docket No. 50-323 UwRr
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IicbloCanyonNuclearPower. Plant, )
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-Units 1 and 2
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84 iM -2 P2 :51 CERTIFICATE OF SERVICE E Of Slu t iA 00CXETING & SEPylu The foregoing document (s) of Pacific Gas and Electric Compa JhSoi(have) been served today on the following by deposit in the United States mail, properly stamped and addressed:
Judge John'F. Wolf Mrs. Sandra A. Silver Chnirman 1760 Alisal Street
' Atomic Safety and Licensing Board San Luis Obispo CA 93401 UG Nuclear Regulatory Commission.
Washington DC 20555.
Mr. Gordon Silver 3
1760 Alical Street Judge,Glenn O. Bright ~
San-Luis Obispo CA 93401 Atomic Safety and Licensing Board US Nuclear Regulatory \\ Commission John Phillips, Esq.
wnchington DC 20555 Joel Reynolds, Esq.
Eric Havian JudgeJerryR.-Kline Center for Law in the Public Interest Atomic Safety'and Licensing Board 10951 W. Pico Blvd. - Suite 300 US Nuclear Regulatory Commission Los Angeles CA 90064 Wnshington DC 20555 David F. Fleischaker, Esq.
Mrc.- Elizabeth Apfelberg P.
O., Box 1178 c/o Betsy Umhoffer Oklahoma City OK 73101
.14 9 3 ' Southwood'-
1 f in Luis Obispo CA 93401 Arthur C. Gehr, Esq.
Y Snell & Wilmer
~
~ Janice E. Kerr, Esq.
3? 'O Valley Bank Center i
_ Public Utilities Commission PiJenix AT 85073
-StSte of California 5246 State Building.
Bruce Norton, Esq.
?
1350 McAllis:.or Street-Norton,' Burke, Berry & French, P.C.
S n Francisco CA 94102 P. O. Box 10569 Phoenix AZ 85064 Mrc. Raye Fleming 1920 Mattie Road Chairman
~Shall Beach CA 93449 Atomic Safety and Licensing Board Panel Mr. Frederick Eissler US Nuclear Regulatory Commission Scenic Shoreline Preservation-Washington DC 20555 Conference, Inc.
"4623 More. Mesa Drive 82nta Barbara CA 93105'
" - Copies delivered by Network Courier.
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_., ~ _.. _ _ _ _ _ -
d Chairman 0
Judga Thomas S. Moore I
Atomic Safety and Licensing Chairman Appeal Panel Atomic Safety and Licensing
. US Nuclear Regulatory Commission Appeal Board i
W chington DC 20555 US Nuclear Regulatory Commission Washington DC 20555 Sacretary US Nuclear Regulatory Commission Judge W. Reed Johnson i
Washington DC 20555 Atomic Safety and Licensing Appeal Board Attn:
Docketing and Service US Nuclear Regulatory Commission Section Washington DC 20555 0 Lawrence J. Chandler, Esq.
Judge John H. Buck H3nry J. McGurren Atomic Safety and Licensing US Huclear Regulatory Commission Appeal Board office of Executive Legal Director US Nuclear Regulatory Commi sion W2chington DC 20555 Washington DC 20555 Mr. Richard B. Hubbard Commissioner Nunzio J. Palladino MHB Technical Associates Chairman 1723 Hamilton Avenue Suite K US Nuclear Regulatory Commission Snn Jose CA 95125 1717 H Street NW Washington DC 20555 Mr. Carl Neiberger Talegram Tribune Commissioner Frederick M. Bernthal P. O. Box 112 US Nuclear Regulatory Commission S n Luis Obispo CA 93402 1717 H Street NW Michael J. Strumwasser, Esq.
Susan L. Durbin, Esq.
Commissioner Victor Gilinsky POter H. Kaufman, Esq.
US Nuclear Regulatory Commission 3580 Wilshire Blvd.
Suite 800 1717 H Street NW Los Angeles CA 90010 Washington DC 20555 Maurice Axelrad, Esq.
Commissioner James K. Asselstine
- N3wman K Holtzinger, P.C.
US Nuclear Regulatory Commission 1025 Connecticut Ave. NW 1717 H Street NW Wnchington DC 20036 Washington DC 20555 Commissioner Thomas M. Roberts US Nuclear Regulatory Commission 1717 H Street NW Washington DC 20555 i
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- February 29, 1984
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i Phi p A. Crany, Jr.
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