ML021640151

Letter from Lorraine Kitman to Chairman Meserve Requesting That NRC Stay the Proceedings for Pacific Gas & Electric'S License Application to Expand high-level Radioactive Waste Storage at Diablo Canyon in San Luis Obispo County, California

ML021640151
Person / Time
Site:	Diablo Canyon
Issue date:	06/11/2002
From:	Kitman L - No Known Affiliation
To:	Meserve R NRC/Chairman
Ngbea E S
References
+adjud/rulemjr200506, +sispmjr200505, -nr, -RFPFR, 72-26-ISFSI, ASLBP 02-801-01-ISFSI, RAS 4517
Download: ML021640151 (4)

Text

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'1 11 UUGAtl NUMBER -DOCKETED PROD. &UTIL. FUN June 12, 2002 (10:50AM)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF From: <l.kitman @bejoseeds.com>

To: <OGCMailCenter@ nrc.gov>, SERVED June 12, 2002

<hearingdocket@ nrc.gov>

Date: Tue, Jun 11, 2002 8:40 PM

Subject:

Pacific Gas & Electric bankruptcy resolution and Diablo Canyon licenseapplication Nuclear Regulatory Commission Richard Merserve, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

Dear Chairman Merserve,

I am writing to request that the Nuclear Regulatory Commission stay the proceedings for Pacific Gas & Electric's license application to expand high-level radioactive waste storage at Diablo Canyon in San Luis Obispo County, California. As you are aware, PG&E is involved in highly contested bankruptcy proceedings with two plans of reorganization being offered to its creditors. Ballots for both plans are scheduled to be sent to PG&E creditors for their votes on June 12, 2002. Ballots must be returned by August 12, 2002. Hearings on the two plans of reorganization, one offered by the California Public Utilities Commission and the other offered by PG&E itself, will be held in the fall.

Until the resolution of PG&E's bankruptcy and the finalization of a reorganization plan, our state will not know:

- Which agency will be responsible for oversight of decommissioning funds collected from California ratepayers which will be used to plan, construct, maintain and secure this nuclear waste site;

- Whether funds will be adequate to assure the safest and most secure radioactive storage facility and transport methods will be available;

- Which company will have ownership of Diablo Canyon;

- Whether the new owner of Diablo Canyon will be subject to California Public Utilities Commission or Federal Energy Regulatory Commission authority.

Few, if any, of these issues have been addressed in the bankruptcy proceedings. However, the finalization of a reorganization plan that fully addresses the above questions is imperative prior to the start of proceedings that will triple the volume of high-level radioactive waste in California's earthquake prone coastal zone. Further, San Luis Obispo County has not yet begun the Environmental Impact Report process which is not expected to be complete until late 2002 or early 2003.

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In order for any meaningful participation in the NRC Intervention process to occur, I believe it is in the best interest of San Luis Obispo county residents, like myself, to first insist the PG&E bankruptcy be fully resolved.

Sincerely, Lorraine Kitman P.O. Box 1026 Grover Beach, CA 93483 lorraine@bejoseeds.com

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PACIFIC GAS AND ELECTRIC CO. ) Docket No. 72-26-ISFSI DIABLO CANYON POWER PLANT )

)

(Independent Spent Fuel Storage )

Installation) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM LORRAINE KITMAN TO CHAIRMAN MESERVE DATED JUNE 11, 2002 have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication G. Paul Bollwerk, Ill, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Peter S. Lam Jerry R. Kline Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Stephen H. Lewis, Esq. Lorraine Kitman Angela B. Coggins, Esq. P.O. Box 1026 Office of the General Counsel Grover Beach, CA 93483 Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

2 Docket No. 72-26-ISFSI LETTER FROM LORRAINE KITMAN TO CHAIRMAN MESERVE DATED JUNE 11, 2002 Peg Pinard Seamus M. Slattery, Chairman San Luis Obispo County Supervisor Avila Valley Advisory Council County Government Center P.O. Box 58 1050 Monterey Avenue Avila Beach, CA 93424 San Luis Obispo, CA 93408 Diane Curran, Esq. Lawrence F. Womack, Vice President Harmon, Curran, Spielberg Nuclear Services

& Eisenberg, L.L.P. Diablo Canyon Power Plant 1726 M Street, NW, Suite 600 P.O. Box 56 Washington, DC 20036 Avila Beach, CA 93424 David A. Repka, Esq. Richard F. Locke, Esq.

Brooke D. Poole, Esq. Pacific Gas & Electric Company Winston & Strawn 77 Beale Street, B30A 1400 L Street, NW San Francisco, CA 94105 Washington, DC 20005-3502 Office of thEdSecretary'of the Co mission Dated at Rockville, Maryland, this 12th day of June 2002