ML20196B343
| ML20196B343 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 06/20/1988 |
| From: | Albuquerque M, Matthew Gordon BERKELEY, CA, CALIFORNIA, UNIV. OF, BERKELEY, CA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6602 OLA, NUDOCS 8806300252 | |
| Download: ML20196B343 (7) | |
Text
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'ffo6b MANUELA ALBUQUERQUE, City Attorney 1
MARJORIE GELB, Deputy City Attorney JONATHAN ROTHMAN, Assistant Attorney CCC KE T Ec. 2180 Milvia Street, Fifth Floor 2
Berkeley, CA 94704 3 (415) 644-6380 1B AN 23 P2 :28 4
Attorneys for Intervenor CITY OF BERKELEY ., . j /b
[0 5 BNu 6
UNITED STATES OF AMERICA 7 NUCLEAR REGULATORY COMMISSION 8 ATOMIC SAFETY AND LICENSING BOARD 9 Before Administrative Judges:
Sheldon J. Wolfe, Chairman 10 Glenn O. Bright James H. Carpenter 11 12 13 In the Matter of ) Docket Nos. 50-244- OLA
) (Research Reactor) 14 UNIVERSITY OF CALIFORNIA, ) ASLBP No. 88-574-07-OLA 15 B,ERKELEY. )
) JOINT MOTION TO GTAY 16 ) PROCEEDINGS FOR 90 DAYS
) AND ORDER THEREON 17 Intervenor, CITY OF BERKELEY, and Licensee, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, (hereafter "moving parties") here 3y 20 jointly move for a stay of the proceedings herein, including intervenor's time to file a supplement to its petition for leave l to intervene, for a total period of ninety (90) days from the date of the Order herein. Moving parties stipulate as follows:
- 1. On March 10, 1988, the Commission published a Notice l
stating that it was considering issuance of orders to authorize l Licensee to dispose of the component parts of the research i
27 l reactor in its possession, at its Berkeley campus, in accordance
( City of Berkeley 28 l Offcoof theCityAttomey fit h 8806300252 880620 Berkeley, CA 94m PDR ADOCK 0500 j4 (415) 6 4 6380 0
}$8
, with the Licensee's applicatioa dated January 8, 1988, and 1
terminating the facility oport..ing license number R-1-1. The 2
Notice further stated that any person whose interest might be 3
affected by this proceeding and who wished to participate as a 4
party had to file a petition for leave to intervene by April 11, 5 193g, 6
- 2. The City of Berkeley timely filed a "Petition to 7
Intervene in License Amendment Proceeding, Request for Hearings and Further Relief" and, pursuant to the order of the Licensing 9
Board, was allowed to intervene on May 25, 1988.
10
- 3. Said order provided that the Intervenor was to file a 11 supplement to its petition to intervene, which must include a 12 list of the contentions which the Intervenor wished to have 13 litigated in this matter within thirty (30) days of said order.
14
- 4. The University of California wishes to have this matter 15 resolved, by settlement if possible, and has communicated this 16 desire to the Intervenor.
17
- 5. Intervenor is prepared to file a supplement to its O
petition to intervene on or before June 24, 1988, :.s provided in 19 the Licensing Board's Order, but believes it is in the 20 Intervenor's best interests to pursue settlement of this matter.
21
- 6. The moving parties agree that the best interests of the 22 Licensee and the Intervenor will be served by pursuing such 23 discussions in order to either resolve the issues or to narrow 24 them.
5
- 7. A period of ninety (90) days is necessary in order to 6
include public and institutional input in order to accomplish a 7
settlement.
City of Berkeley 28 ,_
~
Of6ce of the City Attorney 3180 MMa Street Fd:5 Fbor Berkeley, CA 94704 (415) 644 6380
- 8. In the event a settlement is not achieved, Intervenor's 1
supplement to its pecition shall be served and filed ninety (90) 2 days from the date tne Order on this joint motion is executed or 3
within thirty (30) days of written notice from Licensee's counsel 4
to Intervenor's counsel reinstating the time limits otherwise 5
applicable, whichever first occurs. The service and filing of 6
the supplement to the petition for leave to intervene listing 7
Intervenor's contentions, either upon written notice by 0
Licensee's counsel or, in the absence thereof, in Intervenor's 9
discretion, shall serve to dissolve the stay of proceedings and 10 to reinstate all time limits which are otherwise applicable I
including, but not limited to, the time period for Licensee and I
the staff to file their answers.
I
- 9. Moving parties represent that the Commission staff has 14 been advised of this stipulation and joint motion to stay 15 proceedings and that the staff does not object thereto.
Dated: June OC , 1988 MANUELA ALBUQUERQUE, City Attorney 17 MARJORIE GELB, Deputy City Attorney JONATHAN ROTHMAN, Assistant Attorney 18 q 19 /
gyj 4 j _tg7 utg Lq 20 At'torneys for Intervenog CITY OF BERKELEY v Dated: June , 1908 REGENTS OF THE UNIVERSITY OF 22 CALIFORNIA, OFFICE OF THE GENERAL COUNSEL 23 24 g .[
25 MILTON GORDON Attorney for Licensee 26 UNIVERSITY OF CALIFORNIA ffj 7
City of Berkdey 28 Offee of the City Attorrwy 2180 Mau Street Fttth Flxx Berkeley, CA 94704 (415) 644 6360
1 ORDER 3
4 Good Cause appearing therefor, 5 IT IS ORDERED that the proceedings are hereby stayed for a peri d f ninety days unless the stay is earlier dissolved as 6
7 provided in paragraph 8 of the stipulation of the moving parties.
8 9 THE ATOMIC SAFETY AND LICENSING BOARD 10 Sheldon J. Wolfe, Chairman 12 ADMINISTRATIVE JUDGE 13 Glenn O. Bright 15 ADMINISTRATIVE JUDGE 16 James H. Carpenter
}g ADMINISTRATIVE JUDGE 19 20 Dated: June , 1988 21 22 23 24 25 26 27 City of Berkeley 28 Offeoof theCityAttorney _4_
2180 MMa Street Fdth Fbor Berkeley. CA 94704 (415) 644 4380 L
MANUELA ALBUQUERQUE, City Attorney 1
MARJORIE GELB, De.outy City Attorney JONATHAN ROTHMAN, Assistant Attorney 2180 Milvia Street, Fifth Floor 2' Berkeley,.CA 94704 3
(415) 644-6380 Attorneys for Intervenor 4
CITY OF BERKELEY 5
6 UNITED STATES OF AMERICA 7
NUCLEAR REGULATORY COMMISSION g ATOMIC SAFETY AND LICENSING BOARD g Before Administrative Judges:
Sheldon J. Wolfe, Chairman 10 G1 nn O. Bright James H. Carpenter 11 12 In the Matter of ) Docket Nos. 50-244- OLA 13
) (Research Reactor) 14 UNIVERSITY OF CALIFORNIA, ) ASLBP No. 88-574-07-OLA eERxeLEY. )
1s
) NOTICE OF APPEARANCE OF 16 ) 1NTERVENOR'S COUNSEL I
NOTICE IS HEREBY GIVEN that Manuela Albuquerque, City 18 Attorney, Marjorie Gelb, Deputy City Attorney and Jonathan
-19 Rothman, Assistant Attorney hereby appear as counsel for Intervenor, CITY OF BERKELEY.
Dated: June d 0 , 1988 MANUELA ALBUQUERQUE, City Attorney 23 MARJORIE GELB, Deputy City Attorney JONATH,AN ROTHMAN, Assistant Attorney 24 '
25 By / M D 2
a M&Ad Attbrneys for Interveno 26 CITY OF BERKELEY 27 City o: Berkeley 28 Ofks of t!w Ces Anorrwy 2180 MAu kreet Fdth Fhor Berkeley, CA 94704 (415) 644 0 80
~
MANUELA ALBUQUERQUE, City Attornoy y
MARJORIE GELB, Deputy City Attorney ;gg' JONATHAN ROTHMAN, Assistant Attorney U+c 2180 M11via Street, Fifth Floor.
2 Berkeley, CA 94704 3 (415) 644-6380 W D D P2 :28 Attorneys for Intervenor .
4 CITY OF BERKELEY /
- f. '.0C 'iim U[iIEI a
5
- NN b
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 7
8 ATOMIC SAFETY AND LICENSING BOARD 9
Before Administrative Judges:
Sheldon J. Wolfe, Chairman 10 Glenn O. Bright James H. Carpenter 11 12 13 In the Matter of ) Docket Nos. 50-244- OLA
) (Research Reactor) 14 UNIVERSITY OF CALIFORNIA, ) ASLBP No. 88-574-07-OLA BERKELEY. )
15
) CERTIFICATE OF SERVICE 10 37 I am a c;tizen of the United States and employed in Alameda County. I am over the age of eignteen years and not a party in 18 the within action. My business address is 2180 Milvia St., Fifth 39 20 Floor, Berkeley, California, 948704. On June 20, 1988, I served 21 a copy of the following documents: Joint Motion to Stay 22 Pr ceedings for 90 Days and Order Thereon; and Notice of 23 Appearance of Intervenor's Counsel, by placing a true copy 24 thereof enclosed in a sealed envelope with postage thereon fully 25 III 26
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City of Berkeley 28 Offes cd theCity Attorney 2180 MAu Street Fdth Fbor Berkeley, CA 94704 (415) 644 6380
4 prepaid in the Uni.ted States Post Office mail box at Berkeley, 1
California, addrecsed as follows:
2 Sheldon J. Wolfe, Chairman Docketing and Service section James A. Carpenter, Adminis- Office of the Secretary 3
trative Judge U.S. Nuclear Regulatory Comm.
p Glenn O. Bright, Adminis- Washington, D.C. 20555 trative Judge 5
- 'O "' "I9
- Y' 4th Floor Joseph Ruthberg 6
Bethesda, Maryland 20814 Deputy Assistant General Counsel Office of the General Counsel 7
Mr. Milton Gordon U.S. Nuclear Regulatory Comm.
Office of the General Counsel Washington, D.C. 20555 g University of California 590 University Hall 9
Berkeley, CA 94720 10 U. S. Nuclear Regulatory Comm.
Office of General Counsel 77 Washington, D. C. 20555 Adjudicatory File 12 Atomic Safety and Licensing Board 13 Panel Docket U. S. Nuclear Regulatory Commission Washington, D. C. 20555 74 15 Atomic Safety and Licensing Appeal Board Panel 16 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 17 Atomic Safety and Licensing IO Board Panel U.S. Nuclear Regulatory Commission 79 Washington, D.C. 20555 20 I decl re under penalty of perjury that the foregoing is true nd correct.
21 I 22 Dated this 20th day of June, 1988, at Berkeley, California.
23 l- 24 "
U l 25 l
26 27 City of Berke!ey 28 l Off:ce of the City Attorney 1 2180 Mkh Strat Fdth Floor Berk 21ey, CA 94704 (415) 644 6380 f
l