ML20154G698
| ML20154G698 | |
| Person / Time | |
|---|---|
| Site: | Berkeley Research Reactor |
| Issue date: | 09/16/1988 |
| From: | Gelb M, Kroesche J BERKELEY, CA, CALIFORNIA, UNIV. OF, BERKELEY, CA, ORRICK, HERRINGTON & SUTCLIFFE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#388-7096 88-574-07-OLA, 88-574-7-OLA, OLA, NUDOCS 8809210048 | |
| Download: ML20154G698 (7) | |
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1 MANUELA ALBUQUERQUE, City Attorney c MARJORIE GELB, Deputy City Attorney 2 JONATHAN ROTHMAN, Assistant Attorney 2180 Milvia Street, Fifth Floor '88 SEP 19 P 3 :35 3 Berkeley, CA 94704 (415) 644-6380 . i, ,
4 j,ycg7L s @p 1 Attorneys for Intervenor in U 5 CITY OF BERKELEY 6
7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 8 '
ATOMIC SAFETY AND LICENSING BOARD 9
Before Administrative Judges: -
10 Sheldon J. Wolfe, Chairman Glenn O. Bright 11 James H. Carpenter 12 2
13 In the Matter of ) Docket Nos. 503- OLA
) (Rosearch Reactor) 14 )
UNIVERSITY OF CALIFORNIA, ) ASLBP No. 88-574-07-OLA 15 BERKELEY. )
) JOINT MOTION TO STAY 16 ) PROCEEDINGS FOR ADDITIONAL
) 30 DAYS AND ORDER THEREON 17 18 Intervenor, CITY OF BERKELEY, and Licensee, THE REGENTS OF 19 THE UNIVERSITY OF CALIFORNIA, (hereafter "moving parties") hereby ,
20 jointly move for a stay of the proceedings herein, including 21 intervenor's time to file a supplement to its cetition for Loavo 22 to Intervene, for an additional 30 days from the date of the 23 previous stay Order heroin, dated June 22, 1988. Moving parties 24 stipulate as follows:
25 1. On March 10, 1988, the Commission published a Notico 26 stating that it was considering issuance of orders to authorizo 27 Licensco to dispose of the component parts of the research Cdv of Berkeley 23 reactor in its possession, at its Borkolay campus, in accordance oweenhe env Anornev Ndy'*
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I with the Licensee's application dated January 8, 1988, and 2 terminating the facility operating license number R-1-1. The 3 Notice.further stated that any person whose interest might be 4 affected by this proceeding and who wished to participate as a 5 party had to file a petition for leave to intervene by April 11, i 6 1988.
7 2. The city of Berkeley timely filed a "Petition to g Intervene in License Amendment Proceeding, Request for Hea, rings l i
9 and Further Relief" and, pursuant to the order of the Licensing 10 Board, was allowed to intervene on May 25, 1988.
11 3. Said Order provided that the Intervenor was to file a 12 supplement to its Petition to Intervene, which must include a 13 list of the contentions which the Intervenor wished to have 14 litigated in this matter within thirty (30) days of said order.
. 15 4. The University of california wishes to have this matter ,
16 resolved, by settlement if possible, and has communicated this 17 desire to the Intervenor.
18 5. Intervenor was prepared to file a supplement to its 19 Petition to Intervene on or before June 24, 1988, as provided in ;
20 the Licensing Board's order, but believed it was in the i 21 Intervenor's best interests to pursue settlement of this matter 22 and so stipulated to a 90-day Stay of Proceedings which was
! 23 ordered by this board on June 22, 1988. l l
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1 6. Tho m ving partica agrco that the best intorsato of tho 2 Licensee and the Intervenor will be served by pursuing such 3 discussions in order to resolve the issues.
4 7. Moving parties have continued their settlement 5 discussions throughout the 90 day period but now find that an 6 additional thirty (30) days are necessary in order to include 7 further public and institutional input, and to finalize a g settlement agreement. Moving parties represent that they ,believe 9 this matter can be settled within the thirty (30) days requested, l 10 8. In the event a settlement is not achieved, Intervenor's 11 supplement to its Petition shall be served and filed thirty (30) 12 days from the date the order on this joint motion is executed or 13 within thirty (30) days of written notice from Licensee's counsel 14 to Intervenor's counsel reinstating the time limits otherwise 15 applicable, whichever first occurs. The service and filing of 16 the supplement to the Petition for Leave to Intervene listing 17 Intervenor's contentions, either upon written notice by 18 Licensee's counsel or, in the absence thereof, in Intervenor's 19 discretion, shall serve to dissolve the stay of proceedings and 20 to reinstate all time limits which are otherwise applicable '
21 including, but not limited to, the time period for Licensee and i 22 the staff to file their answers.
23 9. Moving parties represent that the Commission staff has l ll 24 been advised of this Stipulation and Joint Motion to Stay
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City of Berkeley 28 ///
acsof theCay Anomey 2180 M ku $ttec Tehrbx Berkeley, CA 94704 (415) 644 Wo I
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1 Proc::edings and th .t tha cteff doe 3 n:t cbjcct thorcto.
2 Dated: S ptember 16, 1988 3 MANUELA ALBUQUERQUE, City Attorney MARJORIE GELB, Deputy City Attorney 4 JONATHAN ROTHMAN, Assistant Attorney By 7 Attdrneyg/for Intdfvenor CITY OF AERKELEY 8
Dated: September 16, 1988 ~
9 DAVID R. PIGOTT -
10 JANE B. KROESCHE ORRICK, HERRINGTON & SUTCLIFFE 13 CW Wb Janif~1. Kroesche Attorn)ey for Licensee 14 UNIVERSITY OF CALIFORNIA 15 16 17 18 19 20 21 22 23 24 25 26 27 cnv of Berket,y 28 We d the Cdy Attorney 21% maw Street Fdth FLw Berkeky, CA 94704 (415) 644 no
1 ORDER 2 Go d C uca cppearing thorofor, 3 IT IS ORDERED that the proceedings are hereby stayed for an 4 additional period of thirty (30) days unless the stay is earlier 5 dissolved as provided in paragraph 8 of the Stipulation of the 6 moving parties.
7 THE ATOMIC SAFETY AND LICENSING BOARD 8 .
9 Sheldon J. Wolfe, Chairman .
10 ADMINISTRATIVE JUDGE 11 12 Glenn O. Bright 13 ADMINISTRATIVE JUDGE 14 15 James H. Carpenter 16 ADMINISTRATIVE JUDGE 17 Dated: September , 1988 18 19 20 21 22 23 24 l
25 26 27 l Cry of Nkeley 28
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1 MANUELA ALBUQUERQUE, City Attorney PXKETED MARJORIE GELB, Deputy City Attorney uwgr 2 JONATHAN ROTHMAN, Assistant Attorney 2180 Milvia Street, Fifth Floor 3 Berkeley, CA 94704 18 EP 19 P3:34 (415) 644-6380 -
Attorneys for Intervenor [0NI B'/I;;,. ". >.. J!
5 CITY OF BERKELEY 6
7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 8
ATOMIC SAFETY AND LICENSING BOARD .
9 Before Administrative Judges:
- 10 sheldon J. Wolfe, Chairman Glenn O. Bright James H. Carpenter 12 13 In the Matter of ) Docket Nos. 50-244-OLA
) (Research Reactor) 14 UNIVERSITY OF CALIFORNIA, ASLBP No. 88-574-07-OLA 15 BERKELEY. )
) CERTIFICATE OF SERVICE 16 17 I am a citizen of the United States and employed in Alameda 18 County. I am over the age of eightoon years and not a party in 19 the within action. My business address in 2180 Milvia St., Fifth 20 Floor, Berkeley, California, 94704. On September 16, 1988, I 21 served a copy of tho following documents: Joint Motion to Stay 22 Procoodings for Additional 30 Days and Order Thereon, by placing '
23 a true copy thoroof enclosed in a scaled envelopes with postago 24 thereon fully prepaid in the United States Post Offico mail box 25 at Berkeley, California, addressed as follows: 26 /// : 27 /// , Ccy or se,kei,y 28 /// dk0edIFw Cey Attorrwy 2100 M Aw $4reet FM Fka t Enkeky. CA M 7M l , (415) M4 6380
1 Sheldon J. Wolfe, Chairman v6'ocketing and Service Section James A. Carpenter, Adminis-trative Judge Office of the Secretary 2 Glenn O. Bright, Adminis-U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 3 trative Judge 4350 East West Highway, Joseph Ruthberg 4 4th Floor Deputy Assistant General Counsel Bethesda, Maryland 20814 Office of the General Couilsel 5 U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 6 Mr. Milton Gordon Office of the General Counsel David R. Pigott 7 University of California Jane B. Kroesche 590 University Hall Orrick, Herrington & Sutcliffe g Barkeley, CA 94720 600 Hontgomery Street San Francisco,,CA 94111 - 9 U.S. Nuclear Regulatory Commission Office of General Counsel 10 Washington, D.C. 20555 , 11 Adjudicatory File Atomic Safety and Licensing Board 12 Panel Docket U.S. Nuclear Regulatory Commission 13 washington, D.C. 20555 14 Atomic Safety and Licensing Appeal Board Panel 15 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 16 Atomic Safety and Licensing 17 Board Panel U.S. Nuclear Regulatory Commission 18 washington, D.C. 20555 19 20 I declare under penalty of perjury that the foregoing is true 21 and correct. 22 Dated thin //# th day of September, 1988 at Berkeley, 23 California. 24 / hl'41.
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