ML20059B107

San Luis Obispo Mothers for Peace Motion for Extension of Time for Filing Proposing Findings of Fact & Conclusions of Law.* Requests Extension of Two Wks or Until 931119 to File Proposed Findings of Fact.W/Certificate of Svc

ML20059B107
Person / Time
Site:	Diablo Canyon
Issue date:	10/18/1993
From:	Curran D HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., SAN LUIS OBISPO MOTHERS FOR PEACE
To:	Atomic Safety and Licensing Board Panel
References
CON-#493-14391 OLA, OLA-2, NUDOCS 9310280035
Download: ML20059B107 (4)

Text

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., .  % 5 UNITED STATES OF AMERICA QL g l

/Tjf 3 S' yxgrED i NUCLEAR REGULATORY COMMISSION , ,

OCT 191993 2f l BEFORE THE ATOMIC SAFETY AND LICENSING' BOAR DOCKUU4G& -

service Be%NCH smyanc e

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In the Matter of ) & 01

) i Pacific Gas & Electric Co. ) Dockets No. 50-275,

) 50-323 (construction- d'1l (Diablo Canyon Nuclear Power Plant, ) permit recapture)  !

Units 1 and 2) ) l SAN LUIS OBISPO MOTHERS FOR PEACE'S MOTION FOR EXTENSION OF TIME FOR FILING j PROPOSING FINDINGS OF FACT AND CONCLUSIONS OF LAW -

The intervenor in this construction permit recapture case, San Luis Obispo Mothers for Peace ("SLOMFP"), hereby requests an  ;

extension of two weeks, or until November 19, 1993, in which to file its proposed findings of fact and conclusions of law. Since early September, SLOMFP has been proceeding diligently to review the record of this proceeding and draft its proposed decision.

However, SLOMFP is finding that the amount of time provided by the Board's order is insufficient to permit SLOMFP to fully review and integrate the many complex and technical documents I

which constitute the record of the case. )

1 As members of the Licensing Board noted at various times  ;

i throughout the hearing on Pacific Gas & Electric's ("PG&E's") l i

proposed license extension, SLOMFP's case rests largely on the facts established in voluminous inspection reports and cor- j i

respondence between the NRC and PG&E regarding PG&E's performance over the last several years. Many of those facts were addressed l further in the hearing testimony, and therefore the documents and l l

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I 9310280035 931018 PDR ADOCK 05000275 l* 3 C PDR d

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the testimony must be integrated in SLMFP's proposed findings. i SLOMFP also wishes to address the specific proposed findings and arguments made in PG&E's proposed findings of fact and conclu- .

sions of law, which were filed on October 8, 1993. In all, these  ;

reports, correspondence, transcript pages, and PG&E proposed i findings amount to several thousand pages. Moreover, the issues addressed in these documents are extremely technical and complex.

Finally, SLOMFP does not have extensive resources at its disposal for organizing and reviewing the record and preparing proposed  ;

findings; the proposed findings are being prepared by a handful j of knowledgeable SLOMFP members and their one attorney. Accor-  ;

dingly, although SLOMFP is proceeding as quickly as possible, it ,

is impossible to do an accurate and thorough job of reviewing and '

integrating all of the documents in the record in the time al-  :

lotted.

Therefore, we request an extension of two weeks, or until  !

November 19, 1993, for filing our proposed findings of fact and  !

t conclusions of law. We note that the requested extension should have no adverse effect whatsoever on the schedule for the exten-sion of PG&E's license, as the extension has been applied for many years in advance of the expiration dates of 2008 for Unit i r and 20010 for Unit 2. Moreover, any inconvenience caused to any party by such an extension would be far outweighed by the bene--

I fits of permitting SLOMFP an adequate opportunity to thoroughly review this voluminous record and present a more accurate and complete set of proposed findings. <

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Counsel for SLOMPF consulted counsel for PG&E and the NRC e

before filing this motion. Counsel for PG&E stated that PG&E f

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.probably would object to SLOMFP's request for an extension.

Counsel for the NRC was unable to give SLOMFP a definitive 'f response as to whether the NRC would agree to an extension, and' ,

therefore intends to respond in writing to this motion.

Because so little time remains until November 5, SLOMFP re-  ;

quests that the Board give expedited consideration to this mo- ,

tion.  ;

Respectfully submitted, i Diane Curran Harmon, Curran, Gallagher & j Spielberg 6935 Laurel Avenue, Suite 204 Takoma Park, MD- 20912 l (301) 270-5518 ,

October 18, 1993

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CERTIFICATE OF SERVICE I t

I certify that on October 18, 1993, copies of SAN LUIS OBISPO i

MOTHERS FOR PEACE'S MOTION FOR EXTENSION OF TIME FOR FILING PROPOSING FINDINGS OF FACT AND CONCLUSIONS OF LAW were served on the following H I

parties by FAX and/or first-class mail as. indicated below- r

• Charles Bechoefer Edward O'Neill ';

Administrative Judge Peter Arth, Jr. j Atomic Safety and Licensing Board Truman Burns >

U.S. Nuclear Regulatory Commission Robert Kinasian Washington, D.C. 20555 Peter G. Fairchild, Esq. _ i California Public Utilities -

• Dr. Jerry R. Kline Commission .

Administrative Judge 505 Van Ness Avenue  !

Atomic Safety and Licensing Board San Francisco, CA 94102  !

U.S. Nuclear Regulatory Commission 3 Washintgon, D.C. 20555

• Frederick J. Shon

• Christopher Warner, Esq. }

Administrative Judge Richard Locke, Esq. l Atomic Safety and Licensing Board Pacific Gas & Electric Co. '

U.S. Nuclear Regulatory Commission 77 Beale Street Washington, D.C. 20555 San Francisco, CA 94106 l

• David Repka, Esq. 0 h  !

Winston & Strawn #

1400 L Street N.W.

Washington, D.C. 20005 D lb >

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• Ann P. Hodgdon, Esq. E ht ~

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D 'g \o \%h'L -

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office of General Counsel  !

U.S. Nuclear Regulatory Commission ' '!

Uashington, D.C. 20555 ( >

Adjudicatory File 8d' I U.S. Nuclear Regulatory Commission Il Washington, D.C. 20555

• Secretary of the Commission t ATTN: Docketing and Service  :

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission  :

Washington, D.C. 20555 i

Robert R. Wellington, Esq.

Diablo Canyon Independent Safety Committee  !

857 Cass Street, Suite D Monterey, CA 93940  ;

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• Also by FAX Diane Curran i