ML20236D418

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Order Relative to Mothers for Peace Motion for Stop Order & Motion to Compel & PG&E Request for Extension of Time for Response to Addl Interrogatories.* Denies Motion to Compel & Grants Request for Extension to Respond to Addl Questions
ML20236D418
Person / Time
Site: Diablo Canyon, 05000000
Issue date: 11/04/1974
From: Bowers E
Atomic Safety and Licensing Board Panel
To:
SAN LUIS OBISPO MOTHERS FOR PEACE
Shared Package
ML20236A877 List: ... further results
References
FOIA-87-214 OL, NUDOCS 8707300442
Download: ML20236D418 (3)


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UNITED STATES OF AMERICA 87 NOV 41974* T2 ATOMIC ENERGY COMMISSION.

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PACIFIC GAS AND ELECTRIC COMPANY-

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, Docket Nos. 50-275 OL-

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'50-323 OL (Diablo Canyon Site,

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ORDER RELATIVE TO MOTHERS FOR PEACE MOTION FOR A.STOP ORDER'AND MOTION TO ; COMPEL AND ' PGandE's REQUEST FOR AN EXTENSION OF TIME FOR RESPONSE TO ADDITIONAL INTERROGATORIES 1.

On October 14, 1974, Mothers for peace filed a 1

motion for the imposition of a stop work order on the bases '

of inadequate consideration of seismic environment and j

i PGandE's failure to conduct a timely investigation of soismic problems.

pGandE and the Regulatory Staff cppose the Motion--

citing the Board's Order of April 3,1974, rolative to a similar pleading filed by Scenic Shoreline preservation Conference.

The Board stated the following in its Order:

"1.

Continued construction of the plant poses no risk to the health and safety of the public, regardless of any geological problems which might-i exist.

Operation of the plant is, of course, quite a different matter.

The Board thus feels' that consideration of seismic issues is properly carried out in the. operating license' procedure.

2.

Argument that the: incremental cost.of con-tinued construction' could have an effect upon the eventual granting of an operating license is, from' a health and safety standpoint,- invalid.

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PDR FOIA CONNORB7-214 PDR

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. Economic factors cannot be considered in any matter which involves a risk to the.public health and safety.

3.- Continued construction will neither conceal-nor render inaccessible any of the geological l

features of the. site not already affected."

The matter of seismic-issues will be considered at the 1

operating license proceeding.

.The Board expects pGandE and j

the Staff to be prepared to present considerable evidence l

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on this issue and most certainly encourages all Interveners who have relevant contentions to go forward with their proof i

in this area.

The public interest will be fully protected at the operating license proceeding.

The motion is, there-1 fore, denied.

l 2.

On September 3,1974, the Mothers for peace sub'-

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mitted a set of interrogatories to PGandE.

The response was made by pGandE on October 4,1974.

On October 14, 1974, the Mothers for Peace filed a Motion to Compel Discovery relating to Interrogatories Nos. 4, 57, 58,-15A and 63.

On October 23,.1974, pGandE filed a document opposing the motion.

The Board agrees with the position as stated by PGandE'on each interrogatory and, therefore, denies the i

motion.

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On October 25, 1974, PGandE requested an extension of time from October 31 to November 8, 1974, to respond to additional interrogatories from the Mothers for Peace.

The

. motion ' stated good cause for the request and is, - therefore, granted.

IT IS SO ORDERED.

FOR THE A10MIC SAFETY AND LICENSING BOARD 6Lnx'ed)

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Eliza[ethS. Bowers,-Chairman Issued at Bethesda, Maryland this 4th day of November 1974.

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