ML20205D666
| ML20205D666 | |
| Person / Time | |
|---|---|
| Site: | Berkeley Research Reactor |
| Issue date: | 10/17/1988 |
| From: | Gelb M, Kroesche J BERKELEY, CA, CALIFORNIA, UNIV. OF, BERKELEY, CA, ORRICK, HERRINGTON & SUTCLIFFE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#488-7338 88-574-07-OLA, 88-574-7-OLA, OLA, NUDOCS 8810270169 | |
| Download: ML20205D666 (7) | |
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733r a DOCKET NUMBER g- 2.$ Qg PROD. & UTIL FAC.. . .r.vrt. . . .a 03(,KEi[0 1 "
MANUELA ALBUQUERQUE, City Attorney 2
MARJORIE GELB, Deputy City Attorney JONATHAN ROTHMAN, Assistant Attorney 3 p 24 M0:51 2180 Milvia Street, Fifth Floor 3 Berkel:,y, CA 94704 4
(415) 644-6380 c F H; .. o .-
00Cril/g g . f h '
Attorneys for Intervenor "
5 CITY OF BERKELEY ,
6 7
UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION 8 (
9 ATOMIC SAFET'I AND LICENSING BOARD 10 Before Administrative Judges:
Helen F. Hoyt, Chair ,
Glenn O. Bright 11 James H. Carpenter 12 13 In the Matter of ) Docket Nos. 50-214-OLA g ) (Research Reactor) ,
) i UNIVERSITY OF CALIFORNIA, ) ASLBP Ho. 88-574-07-OLA 15 BERKELEY. ) l 16 ) JOINT HOTION TO STAY l
) PROCEEDINGS FOR ADDITIONAL l 17 ) 21 DAYS AND ORDER THEREON 18 i-Intervenor, CITY OF BERKELEY, and Licensee, THE REGENTS OF 19 THE UNIVERSITY OF CALIFORNIA, (hereafter "movl.ng parties") hereby 20 jointly move for a stay of the proceedings herein, inc.luding 21 intervonor's time to file a supplement to its Pet.ition for Leave 22 to Intervene, for an additional 21 days from the dato previously 4
23 allowed in the stay Order herein, dated September ;7, 1988.
1 I 24 Hoving parties stipulate as follows: '
" ll 1 On Man.5 50, i 9 8c , the Cmeis.~ 60 outu nhed z, Not vc I
i !
20 staling that rt was considering 1"ssuance of orders to authori::o {
27 License, to dispose of the component parts of the research r
Citv of Berkeley 28 '
i OfkeoUheCay Attnrrwy reactor in its possession, at its Berkeley campus, in accordance Hh 8810270169 881017 i
Me% CA M (415) 644 6W DR ADOCK 0500 g4 gcL3 ;
I with the Licensee's application dated January 8, 1988, and 2
terminating the fac1A.my operating license number R-1-1. The 3
Notice further stated that any person w)1se interest might be 4
affected by this proceeding and who wished to participate as e 5
party had to file a petition for leave to intervene by April 11, 6 1988.
7 2. The city of Berkeley timely filed a "Petition to 8
Intervene in License Amendment Proceeding, Request for Hearings 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 or 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 !
21 Interveno)'s best interests to pursue settlement of this matter 22 i and so stipulcted to a 90-day Stay of Proceedings which was 23 ordered by this board on June 22, 1988.
2A
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City of Berkek y 28 jff Mfreof theCity Attornry 21D MMi Sircet Tdth n er ~1~
13erkeley, CA 94M (415) 644 Avio
i 6. Moving parties continued their settlement discussions 2
throughout the 90 day period but found that an additional thirty
) days were necessary in order to include further public and 4
institutional input, and to finalise a settlement agreement.
5 Moving parties petitioned for another stay, and represented that 6
they believed this matter could be settled within the thirty days 7 requested. The petition was granted and a stay order jssued on 8 September 27, 1988.
9 7. Moving parties reached tentative agreement on the 10 substance of the Intervenor's concerns and have submitted their 11 proposed settlement agreement to the Office of the General 12 Counsel of the Nuclear Regulatory Commission. We are informed 13 and believe that the best interests of the Licensee and the 14 Intervenor will be served by allowing a stay of an additional 15 twenty-one days, before the settlement is submitted to the Board, 16 so that the staff of the Nuclear Regulatory Commission can fully 17 review the documents and advise the parties whether they have any 18 objections to the settlement.
19 8. In the event a settlement is not achieved, Intervonor's 20 supplement to its Petition shall be served and filed twenty-one 21 (21) days' from the date the Order on this joint motion is 22 exe:u ted .
23 9. Moving parties represent that the commission staff has 24 l been advised of this Stipulation and Joint Motion to Stay 25 <
//
26 / // 8 27 / //
City of Berkeley 28 / //
Of face of the City Attorn.3 2180 Mb Street Feh lb e 3-iktkcLey, CA WM4 (415) 644 6F0
1 Proceedings and that the staff does not object thereto.
2 Dated: October 17, 1988 3
iMNUELA ALBUQUERQUE, City Attorney 4 4 MARJORIE GELB, Deputy City Attorney !
JONATHAN ROTHMAN, Assistant Attorney l 5
7 By_ [
Attornpf9s for Intervenor l
i g CITY OF BERKELEY g
Dated: October 17, 1988 DAVID R. PIGOTT 10 JANE B. KROESCHE g ORRICK, HERRINGTON & SUTCLIFFE 13 ht' t -
G&cdb1 >
Jan' . Kroesche At ey for Licensee 14 UNIVERS7TY OF CALIFORNIA 15 16 17 18 19 20 21 :
22 23 l
24 25
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26 .
27 City of Betketcy 28
>fm of the Citv Atto n.w 2180 Milw Street Fit:h Finor -4'*
DerheLN, CA 94h>4 (41% 544 6W
1 ORDER 2 Good Cause appearing there'.ar, 3
IT IS ORDERED that the proceedings are hereby stayed for an 4
additional period of twenty-one (21) days less the stay is 5
earlier dissolved as provided in paragraph 8 of the stipulation 6 of the moving parties.
7 THE ATOMIC SAFETY AND LICENSING BOARD 8
9 10 Helen F. Hoyt, Chair ADMINISTRATIVE JUDGE 11 12 13 Glenn O. Bright ADMINISTRATIVE JUDGE 14 15 16 James H. Carpenter ADMINISTRATIVE JUDGE 17 g
Dated: October , 1988 19 20 21 :
22 23 24 25 26 27 City of Berkcicy 28 W of theCity Attorrvy 2180 M Au Street I'dth I har ~b~
Berkeley, CA M 701 (415) (Al (A40
MA"UELA ALBUQUERQUE, City Attorney ' t*L.
1 MARJORIE GELB, Deputy City Attorney 2 JONATHAN ROTHMAN, Assistant Attorney 2180 Milvia Street, Fifth Floor '28 03I 24 b0 51 3 Berkeley, CA 94704 (415) 644-6380 _
,e-t:
4 'ii Attorneys for Intervenor buch' P ' 'b -
5 CITY OF BERKELEY 6
7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 8
ATOMIC SAFETY AND LICENSING BOARD 9
Before Administrative Judges:
10 Helen F. Hoyt, Chair Glenn O. Bright 11 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 eighteen years and not a party in 19 the within action. My business address in 2180 Milvia St., Fifth 20 Floor, Berkeley, California, 94704. On October 17, 1988, I 21 served a copy of the following documents: Joint Motion to Stay 22 Proceedings for Additional 21 Days and Order Thereon, by placing 23 a true copy thereof enclosed in a scaled envelopes with postage 24 thereon fully prepaid in the United States Post Office mail box 25 at Berkeley, California, addressed as follows:
26 / // .'
27 / / /
cap of nakek.y 28 / / /
co of the City amor rwy 21CD MJvu Street F dth fkor Berbky CA H7M msm o {
1 Helen F. Hoyt, Chair Docketing and Service section James A. Carpenter, Adminis- Office of the Secretary 2 trative Judge U.S. Nuclear Regulatory Comm.
Glenn O. Bright, Adminis- 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 Counsel 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 8 Berkeley, CA 9472': 600 Montgomery 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 and correct.
21 Dated this 18th day of October, 1988 at Berkeley, California.
22 24 kh/s{$hfMhWN*
CilARLOITE FREDRIKSEN 25 26 .
27 City of Berkeley 28 (e of the City Anorney rica M Au snut r a n .>, Nkstev, CA HM4 (415) f44 kW