ML15005A156

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Notice and Order (Concerning Instructions for Oral Argument)
ML15005A156
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 01/05/2015
From: Paul Ryerson
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-275-LR, 50-323-LR, ASLBP 10-900-01-LR-BD01, RAS 27060
Download: ML15005A156 (5)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Paul S. Ryerson, Chairman Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of Docket No. 50-275-LR Docket No. 50-323-LR PACIFIC GAS & ELECTRIC COMPANY ASLBP No. 10-900-01-LR-BD01 (Diablo Canyon Nuclear Power Plant, Units 1 and 2) January 5, 2015 NOTICE AND ORDER (Concerning Instructions for Oral Argument)

As previously directed,1 on January 21, 2015, at 9:30 a.m. EST, in the Atomic Safety and Licensing Board Panels hearing room, located within the Nuclear Regulatory Commissions headquarters at 11555 Rockville Pike, Rockville, Maryland 20852, the Board will hear oral argument concerning the request for a hearing and petition to intervene2 and request for a waiver3 by Friends of the Earth (FoE). All participants, as well as members of the public who wish to observe, should arrive at least fifteen minutes early to pass through security at One White Flint North and to proceed to the hearing room, located on the third floor of Two White Flint North.

At the argument, FoE and each of the three existing parties will be permitted to make a brief opening statement, not to exceed ten minutes. The Board expects, however, that the 1

See Notice and Order (Scheduling Oral Argument) (Dec. 4, 2014) (unpublished).

2 See FoEs Request for a Hearing and Petition to Intervene (Oct. 10, 2014).

3 See FoEs Petition for Waiver of 10 C.F.R. §§ 54.4, 54.21, and 54.29(a) as Applied to the Diablo Canyon License Renewal Proceeding (Oct. 10, 2014).

argument will consist primarily of responses to the Boards questions. Although the parties should be prepared to answer questions relating to all matters in their pleadings, in particular they should anticipate addressing the following issues:

1) Assuming serious seismic issues exist, how would these matters be addressed outside the license renewal context and how would FoE be able to participate?
2) How the petition submitted by FoE to the Commission on August 26, 2014 differs from FoEs petition before the Board, and whether that petition is sufficient to address FoEs concerns.
3) Is the 2014 PG&E Seismic Report part of the license renewal application and/or is it subject to challenge in the license renewal proceeding? What information in the report is significantly different and material? How does it differ from previous information?
4) Are the methods used to evaluate plant response to new seismic motion described in the FSAR or any other licensing document? Which are not?
5) Does any party disagree that PG&E must demonstrate its ability for safe shutdown during a seismic event? Does this duty pertain to license renewal or to the plants continuing license basis (CLB)? Assuming a waiver of 10 C.F.R. § 54.30 is required, would application of this rule not serve the purpose of avoiding duplicative reviews?
6) Are relay switches and snubbers within the scope of a licensing renewal proceeding in light of 10 C.F.R. § 54.21(a)(1)(i)? Which Time-Limited Aging Analyses (TLAAs) for relay switches and snubbers in Table 4.1-1 of the license renewal application allegedly fail to take into account new data from the seismic report?
7) Are aging management programs (AMPs) intended to account for the effects of earthquakes? If so, how should AMPs account for seismic effects? Can FoE identify a specific AMP and demonstrate how it relies on inaccurate seismic data?

Members of the public that wish to listen to the proceedings by telephone should contact the Boards law clerk, Alana Wase at Alana.Wase@nrc.gov or 301-415-6693 no later than Wednesday, January 14, 2015 to receive the listen-only telephone conference number and passcode.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Paul S. Ryerson, Chair ADMINISTRATIVE JUDGE Rockville, Maryland January 5, 2015

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

)

PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275-LR and 50-323-LR

)

(Diablo Canyon Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE AND ORDER (Concerning Instructions for Oral Argument) have been served upon the following persons by the Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Paul S. Ryerson, Chair Edward L. Williamson, Esq.

Administrative Judge E-mail: edward.williamson@nrc.gov E-mail: paul.ryerson@nrc.gov Beth Mizuno, Esq.

E-mail: beth.mizuno@nrc.gov Nicholas G. Trikouros Susan Uttal, Esq.

Administrative Judge E-mail: susan.uttal@nrc.gov E-mail: nicholas.trikouros@nrc.gov Catherine Kanatas, Esq.

E-mail: catherine.kanatas@nrc.gov Gary S. Arnold Joseph Lindell, Esq.

Administrative Judge E-mail: joseph.lindell@nrc.gov E-mail: gary.arnold@nrc.gov John Tibbetts, Paralegal E-mail: john.tibbetts@nrc.gov Alana Wase, Law Clerk E-mail: alana.wase@nrc.gov OGC Mail Center E-mail: OGCMailCenter@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov

2 Diablo Canyon Nuclear Power Plant - Docket Nos. 50-275-LR and 50-323-LR NOTICE AND ORDER (Concerning Instructions for Oral Argument)

Counsel for Pacific Gas and San Luis Obispo Mothers for Peace Electric Company 1123 Flora Road Winston & Strawn, LLP Arroyo Grande, CA 93420 101 California Street Jill ZamEk, Esq.

San Francisco, CA 94111-5802 jzk@charter.net David A. Repka, Esq.

E-mail: drepka@winston.com Tyson Smith, Esq. Counsel for San Luis Obispo Mothers E-mail: trsmith@winston.com For Peace Carlos Sisco, Senior Paralegal Harmon, Curran, Spielberg, and Eisenberg E-mail: csisco@winston.com 1726 M Street, N.W., Suite 600 Washington, DC 20036 Diane Curran, Esq.

dcurran@harmoncurran.com Ayres Law Group, LLP 1707 L Street NW, Suite 850 Washington, DC 20036 Richard E. Ayres, Esq.

E-mail: ayresr@ayreslawgroup.com John Bernetich, Esq.

E-mail: bernetichj@ayreslawgroup.com Jessica L. Olson, Esq.

E-mail: olsonj@ayreslawgroup.com

[Original signed by Brian Newell]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 5th day of January 2015