ML20207P759

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Motion of Sierra Club to Continue Hearings.* Delay of Hearings by 3 Wks Requested Due to Injury of R Ferguson. Commencement of Hearings on 870223 Requested.Proof of Svc Encl
ML20207P759
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 01/13/1987
From: Lowry E
Sierra Club
To:
Atomic Safety and Licensing Board Panel
References
CON-#187-2214 OLA, NUDOCS 8701200171
Download: ML20207P759 (3)


Text

2. 2 /f UNITED STATES OF AMERICA 0

I NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING B R

OFF u,.

.i

)

00C.6ETUG A H W In the Matter of:

)

Docket Nos. 50-275 adF50-323 -

)

PACIFIC GAS & ELECTRIC COMPANY

)

)

(Diablo Canyon Nuclear Power

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Plant, Units 1 and 2)

)

)

MOTION OF SIERRA CLUB TO CONTINUE HEARINGS Counsel for the Sierra Club has previously notified all parties by telephone and in writing concerning an accident suffered by Dr.

Richard

Ferguson, the Sierra Club's representative and only witness in these proceedings.

The accident occurred on January 2, 1987, and required reattachment of two fingers to Dr. Ferguson's left hand.

Dr.

Ferguson was released from the hospital on Sunday, January 11, and it can be stated that his recovery is progressing well.

Nevertheless, it will be impossible for him and the Sierra Club to proceed with hearings on the current schedule.

According to Dr. Ferguson, a minimum of three weeks are needed by him to recuperate and re-enter the case.1 Thus, the Sierra Club requests a delay of three weeks in all 1 Dr. Ferguson is under the care of Dr. Alpert of the Ralph K. Davies Medical Institute in San Francisco.

In the interest of expediting this motion, supporting documentation has not been sought from Dr.

Alpert.

Should the panel desire such documentation, it can and will be provided.

1 I'

8701200171 870113 i

PDR ADOCK 05000275 G

PDR

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phases of the schedule.

If this request is granted, depositions, now scheduled to be completed on or before January 16, 1987, must be completed on or before February 6.2 Prefiled testimony would

'be filed and served on or before February 16.

Hearings would commence at 9:30 a.m.,

Monday February 23.

Counsel for the Sierra Club has spoken with counsel for PG&E and the NRC, and with Ken Haggard, representative of C.O.D.E.S.,

and informed each of them of this request.

Mr. McGurren, for the

NRC, and Mr.

Haggard indicated they would not obj ect to this motion.

Mr. Norton, counsel for PG&E, stated that he would not oppose a continuance, but that he felt two weeks would be more appropriate than the three which are being requested.

Dated:

January 13, 1987 Respectfully submitted, GRUENEICH & LOWRY N-By:

^

Edwin F.

Lowry

,j Attorney for the Sierra Club 2 Dr. Ferguson's deposition, the only one currently scheduled in these proceedings, has tentatively been rescheduled to continue on January 21.

2

i PROOF OF SERVICE i

I, Deborah M.-

Hunt, declare that on January 13,
1987, I

deposited copies of the attached Motion of Sierra-Clubn to Continue Hearings in the United States mail with postage thereon fully prepaid and addressed to the parties listed below:

Dr. Jerry Harbour Mr. Leland M.

Gustafson, Administrative Judge Federal Relations Manager Atomic Safety & Licensing Board Pacific Gas & Electric Co.

U.S. Nuclear Regulatory Comm.

1726 "M" Street, NW, Suite 1100 Washington, D.C.

20555 Washington, D.C.

20036-4502 Glenn O. Bright Philip A. Crane, Jr.,

Esq.

Administrative Judge Pacific Gas & Electric Co.

Atomic Safety & Licensing Board P.O.

Box 7442 U.S. Nuclear Regulatory Comm..

San Francisco, CA 94120 Washington, D.C.

20555 Mr. Gordon A.

Silver Henry J. McGurren, Esq.

Mis. Sandra A.

Silver Lawrence J.

Chandler, Esq.

1760 Alisal Street Office of the Exec. Legal Dir.

San Luis Obispo, CA 93401 U.S. Nuclear Regulatory Comm.

Washington, D.C.

20555 Ms. Laurie McDermott, Coordinator Atomic Safety & Licensing C.O.D.E.S.

Board Panel 731 Pacific Street, Suite 42 U.S. Nuclear Regulatory Comm.

San Luis Obispo, CA 93401 Washington, D.C.

20555 Mrs. Jacquelyn Wheeler B.

Paul Cotter, Jr., Chairman 2455 Leona Street Administrative Judge San Luis Obispo, CA 93400 Atomic-Safety & Licensing Board U.S.

Nuclear Regulatory Comm.

Dr.

R.B.

Ferguson Washington, D.C.

'20555 Sierra Club / Santa Lucia Chapter Rocky Canyon Star Route Atomic Safety & Licensing Creston, CA 93432' Appeal Panel U.S. Nuclear Regulatory Comm.

Ms. Nancy Culver Washington, D.C.

20555 192 Luneta Street San Luis Obispo, CA 93401 Bruce Norton, Esq.

NORTON, BURKE, BERRY & FRENCH P.O. Box 10569 Phoenix, AZ 85064 I am, and was at the time of the service of the attached paper, over the age of 18'and not a' party to the proceeding.

I declare under penalty of perjury that the foregoing is true and correct.

, /_

.(07c O)b De'borah M.

Hunt