ML23212A966

Joint Unopposed Motion to Modify Timing of Mandatory Disclosures and Hearing File Obligations

ML23212A966
Person / Time
Site:	Diablo Canyon
Issue date:	07/31/2023
From:	Bessette P, Lighty R, Matthews T Morgan, Morgan, Lewis & Bockius, LLP, Pacific Gas & Electric Co
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 56727, 72-26-ISFSI-MLR
Download: ML23212A966 (0)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of:

Docket No. 72-26-ISFSI-MLR PACIFIC GAS AND ELECTRIC COMPANY July 31, 2023 (Diablo Canyon Independent Spent Fuel Storage Installation)

JOINT UNOPPOSED MOTION TO MODIFY TIMING OF MANDATORY DISCLOSURES AND HEARING FILE OBLIGATIONS Pursuant to 10 C.F.R. § 2.323, and the Atomic Safety and Licensing Boards (Board) recent decision in LBP-23-07,1 Pacific Gas and Electric Company (PG&E), San Luis Obispo Mothers for Peace (SLOMFP), and the U.S. Nuclear Regulatory Commission (NRC) Staff (collectively, the Parties)2 request that the Board grant this joint motion to modify the timing of general discovery under 10 C.F.R. § 2.336 (i.e., mandatory disclosures) and the hearing file required under 10 C.F.R. § 2.1203.3 Pursuant to the default timing protocol established in those regulations, the Parties are required to disclose or provide certain information relevant to Contention A, as admitted by the Board in LBP-23-07, within thirty (30) days of the issuance of that decision. In lieu of that default timing, the Parties request Board approval of their unanimous agreement to commence 1

Pac. Gas & Elec. Co. (Diablo Canyon Indep. Spent Fuel Storage Installation), LBP-23-07, 98 NRC __

(July 19, 2023) (slip op.).

2 This description of the NRC Staff as a Party does not formally indicate that it intends to participate as a party. The NRC Staff will provide a separate notice regarding whether it intends to participate as a party in accordance with 10 C.F.R. § 2.1202(b).

3 Pursuant to 10 C.F.R. § 2.323(b), the Parties certify that they made sincere efforts to contact the other participants in this proceeding and resolve the issues raised herein. All participants have joined this motion.

their respective obligations to disclose or provide information under 10 C.F.R. §§ 2.336 and 2.1203 as follows:

• If PG&E submits an amendment to the Diablo Canyon Independent Spent Fuel Storage Installation license renewal application (DC ISFSI LRA) within sixty (60) days of the issuance of LBP-23-07 and files a corresponding dispositive motion before the Board regarding Contention A within thirty (30) days after the submission of such amendment, then discovery and hearing file obligations would commence thirty (30) days after the issuance of an order denying such motion;4 or

• If PG&E does not submit an amendment to the DC ISFSI LRA within sixty (60) days of the issuance of LBP-23-07, then such obligations would commence one-hundred twenty (120) days from the issuance of LBP-23-07.

Given the substantial effort required by the Parties to comply with their respective disclosure and hearing file obligations, and the possibility that Contention A may be overcome by superseding events, good cause exists for this modest and reasonable modification to the default timing associated with those obligations in Part 2. Accordingly, the Parties respectfully request the Board approve the above timing modification, upon which the Parties have unanimously agreed.5 4

If the Board grants any such potential dispositive motion as to Contention A, the Parties would no longer have any disclosure or hearing file obligations as to Contention A.

5 In the event that PG&E submits an amended DC ISFSI LRA and SLOMFP determines that new or amended contentions are warranted, SLOMFP reserves the right to seek further procedural relief from the Board.

2

Respectfully submitted,6 Signed (electronically) by Ryan K. Lighty Executed in Accord with 10 C.F.R. § 2.304(d)

RYAN K. LIGHTY, ESQ. TIMOTHY P. MATTHEWS, ESQ.

MORGAN, LEWIS & BOCKIUS LLP PAUL M. BESSETTE, ESQ.

1111 Pennsylvania Avenue, N.W. MORGAN, LEWIS & BOCKIUS LLP Washington, D.C. 20004 1111 Pennsylvania Avenue, N.W.

(202) 739-5274 Washington, D.C. 20004 Ryan.Lighty@morganlewis.com (202) 739-5527 (202) 739-5796 Timothy.Matthews@morganlewis.com Paul.Bessette@morganlewis.com Counsel for Pacific Gas and Electric Company Dated in Washington, D.C.

This 31st day of July 2023 6

SLOMFP and the NRC Staff have authorized the filing of this joint motion on their behalf.

3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of:

Docket No. 72-26-ISFSI-MLR PACIFIC GAS AND ELECTRIC COMPANY July 31, 2023 (Diablo Canyon Independent Spent Fuel Storage Installation)

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing JOINT UNOPPOSED MOTION TO MODIFY TIMING OF MANDATORY DISCLOSURES AND HEARING FILE OBLIGATIONS was served upon the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned docket.

Signed (electronically) by Ryan K. Lighty RYAN K. LIGHTY, ESQ.

MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 (202) 739-5274 Ryan.Lighty@morganlewis.com Counsel for Pacific Gas and Electric Company DB1/ 139936523.2