ML20236D387
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11/20/74 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION iBEFORE THE ATOMIC SAFETY AND LICEllSING BOARD In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket No.
-27 0.L.
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0.L.
(DiabloCanyonNuclearPowerPlant,)
Units Nos.1 and 2)
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l AEC REGULATORY STAFF'S RESPONSE TO THE SUPPLEMENT TO MOTION OF SAN LUIS OBISP0 MOTHERS FOR PEACE FOR IMPOSITION OF A STOP WORK ORDER l
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On October 14, 1974, the San Luis Mothers for Peace (Petitioner) filed i
a motion pursuant to the provisions of 10 CFR 92.730 of the Connission's Rules of Practice for the imposition of a stop work order to halt con-l struction by Pacific Gas and Electric Conpany (P.G. and E.) on Diablo Canyon Units 1 and 2.
On October 23, 1974 and October 29, 1974, P.G.
and E. and the AEC Regulatory Staff (Staff), respectively, filed answers in opposition to Petitioner's motion.
On November 4,1974, the Atomic Safety and Licensing Board (Board) issued an Order denying the Petitioner's motion stating that the public interest will be fully protected at the operating license proceeding.
On November 8,1974, the Atomic Energy Commission received a " Supplement to Motion of San Luis Obispo Mothers for Peace for Imposition of a Stop Work Order" dated October 28, 1974.
It is apparent that the Board did not receive and, therefore, did not consider the Petitioner's supplemental document in connection with its consideration of and action on the If October 14, 1974 motion.
k' 8707300431 870721 PDR FOIA CONNOR B7-214 PDR
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l The Staff submits that the Board's Order of November 4,1974, denying' l
the Petitioner's motion for imposition of a stop work order is equally applicable to the Petitioner's supplemental pleading.
Moreover, the j
supplemental pleading does not address the criteria for granting 1
I stays as set out in the Point Beach decisionN and discussed in Staff's
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an'swer in opposition to Petitioner's original motion.2I I
j Since the Petitioner's supplemental pleading does not raise any new arguments that were not raised in its original motion and since the Board properly disposed of these arguments and issues in its Order of November 4,1974, the Staff respectfully urges the Board to dismiss this~
supplemental motion.
Respectfully submitted, f
L' Ri$hardL. Black Counsel for the AEC Regulatory Staff Dated at Bethesda, Maryland this 20th day of November,1974.
1/ Wisconsin Electric Power Co. (Point Beach Nuclear Plant Unit 2), ALAB '
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WASH-1218 447 at 450, 451 (June 20,1972).
See also, Virginia Petroleum Jobbers Assoc. v. Federal Power Commission, 259 F.2d 921, 925 (D.C. Cir.
1958).
~2/ The Point Beach criteria are:
- 1) Has the Petitioner made a strong showing that it is likely to prevail on the merits of its appeal? 2) Has the Petitioner shown that without such relief, it will be irreparable injured?
- 3) Wo'uld the issuance of a stay substantially hann other parties interested in the proceeding? 4) Where lies the public interest?
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O UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket Nos. 50-275 0.L.
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50-323 0.L.
(Diablo Canyon Nuclear Power Plant,
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Units Nos. I and 2)
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CERTIFICATE OF SERVICE j
I hereby certify that copies of "AEC REGULATORY STAFF'S RESPONSE TO THE SUPPLEMENT TO MOTION OF SAN LUIS OBISP0 MOTHERS FOR PEACE FOR IMPOSIT i
0F A STOP WORK ORDER" dated November 20, 1974, in the above-captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 20th day of November.1974:
Elizabeth S. Bowers, Esq.
Philip A. Crane, Jr., Esq.
Atomic Safety and Licensing Pacific Gas and Electric Company Board Panel 77 Beale Street U.S. Atomic Energy Commission San Francisco, California 94106 Washington, D.C.
20545 j
Andrew J. Skaff, Esq.
j Mr. Glenn O. Bright California Public Utilities Commission Atomic Safety and Licensing 5246 State Building Board Panel 350 McAllister Street U.S. Atomic Energy Commission San Francisco, California 94102 Washington, D.C. 20545 Ms. Elizabeth E. Apfelberg Dr. William E. Martin 1415 Cazaero Senior Ecologist San Luis Obispo, California 93401 I
Battelle Memorial Institute l
Columbus, Ohio 43201 Mr. John Forster 985 Palm Street San Luis Obispo, California 93401 G
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Atomic Safety and Licensing Mr. Frederick Eissler Appeal Board-Scenic Shoreline Preservation U.S. Atomic Energy Commission Conference, Inc.
Washington, D.C. 20545 4623 More Mesa Drive Santa Barbara, California 93105 Atomic Safety and Licensing Mrs. Sandra A. Silver Board Panel 1315 Cecelia Court U.S. Atomic Energy Commission San Luis Obispo, California 93402 Washington, D.C. 20545 Mr. Gordon Silver 1315 Cecclia Court San Luis Obispo, California 93402 Do'cketing and Service Section Office of the Secretary of the Mr. William P. Cornwell P. O. Box 453 Commission Mn B y, California 93442 U.S. Atomic Energy Commission Washington, D.C.
20545 YEf (b/
RichakL.Blac#k Counsel For AEC Regulatory Staff e
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