ML16340A759
| ML16340A759 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/04/1980 |
| From: | Thompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| NUDOCS 8001160441 | |
| Download: ML16340A759 (26) | |
Text
UNZ'ZED S TATES Or 1 ~AMERICA NUCLE;R REGULATORv COl2ilSSZON ATOlzzjC S ~ - ETY AND LICE i~Sl:NG APPEAL BOARD Richa. c S.
Salz..an, Chairman Dr. N.-Reed Joh..son homas S.
Moore 0
h,
@gO po~+ <e~
QS Zn the l!atter of PAC'I" C GAS
& "LEC'. C COii'~ANY (Diablo Canyon Nuclear Power
- Plant, Units 1
e 2)
)
)
)
) Docket
)
)
)
)
Nos.
50-275 OL 50-323 OL ORDER January 4,
1980 The oral argument ln this caus e scheduled
=or Pednescay, Januarv 23, 1980 will be hearc at 9: 30 a
m that dav in the Un'ted States ax. Court, room 2021, ederal Building an Courthouse, 450 Golcen Gate Avenue, San Pranc'co, Cali ornia.
Each sice will be allowed one hour or argument ante venor,
/
San L'uis Obispo Yiothers =or peace, wil1 be hearc
-irst anc mav reserve =art of its t'mie =or rebuttal.
The applicant anc the staff-will then be hea c
n ha 0 cer / civicing i nei I 'rile ecuallv unless they agree otherwise.
Each party shall ma'1 to the Secretary of this Board by January ll, 1980 the
- name, adcress and tele hone number o
counsel who will argue in its behalf.
T so ORDERED.
- "OR THE 'PEAL BOA D r
~c Dcl c
~
~
Tom&% ls Secretarv o the Appeal Boa,r 800126p ~ f
UN TED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Richard S.
- Salzman, Chairman Dr. Ã.
Reed Johnson Thomas S.
Moore h,
@+0 po<+
@so 9
ln the Matter of PACIFIC GAS LEC RIC COMPANY (Diablo. Canyon Nuclear Power Plant, Units 1
a 2)
)
)
)
) Docket Nos.
)
)
)
)
50-275 OL 50-323 OL ORDER January 4,
1980 The oral argument, in this cause scheduled for Wednesday, January 23, 1980 will be heard at 9:30 a.m. that day in the United States
~ ax Court, room 2021, Federal Buildin and Courthouse, 450 Golden Gate Avenue, San Francisco, Cali ornia.
Each side will be allowed one hour for argument.
Intervenor, San Luis.Obispo Mothers =or Peace, will be heard first and may reserve part of its time for rebuttal.
The applicant and the sta f-will then be heard in that order, dividing their time ecually unless they agree otherwise.
Each party shall mail to the Secretary of this Board by January'l, 1980 the
- name, address and telephone number of counsel who will argue in its behalf.
It is so ORDERED.
FOR THE APPEAL BOARD J
WsAt.~~~M+~
Barbara A. Tompkins Secretarv to the Appeal Board fio
t A
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL PANEL Alan S. Rosenthal, Chairman In the Matter of PACIFIC GA'S 6 ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1
6 2)
)
)
Docket Nos.
50-275 OL
)
50-323 OL
)
)
)
)
MEMORANDUM January 4,
1980 1.
On September 27, 1979, the Licensing Board rendered a partial initial decision in this operating license proceeding involving Units 1 and 2 of the Diablo Canyon Nuclear Power Plant
~/
located in San Luis Obispo County, California.
Among other issues considered in that decision (in Parts III and IV respec-tively) were (1) whether the facility is capable of withstanding the maximum credible earthquake which might" occur on the Hosgri fault at its nearest point to the Diablo Canyon site; and (2) the adequacy of the applicant's security plan.
~/
LBP-79-26, 10 NRC
Two separate and independent appeals were taken from the decision.
One of them was (1) filed on behalf of the intervenor San Luis Obispo Mothers for Peace by lawyers located in the San Francisco Bay area; and (2) addressed exclusively to aspects of the Board's disposition in Part IV of the security plan issue.
The other was (1) filed on behalf of the Joint, Intervenors (a
group of individuals and organizations which includes the San Luis Obispo Mothers for Peace) by lawyers located in Washington, D.C.,
and Los Angeles, California; and (2) addressed exclusively to the Board's disposition in Part III of the seismic 2/
issue.
The two appeals are on different briefing schedules and are to be heard at different times and at different places.
The security plan appeal is now fully briefed and is scheduled for oral argument in San Francisco on January 23, 1980.
The seismic
- appeal, however, is still in the briefing process.
Once all briefs have been received, it will be scheduled for argument in
- Bethesda, Maryland (in recognition of the fact that the principal lawyer for the Joint Intervenors on that appeal is in this area).
2 /
This bifurcation of issues was not adopted solely for appeal purposes.
The issues were similarly handled separately and by different counsel at trial.
2.
The security plan issue has been before appeal boards in this proceeding on several prior occasions.
See ALAB-410, 5
NRC 1398 (1977)
ALAB 504 g
8 NRC 406 (1978)
ALAB 514 g
8 NRC 697 (1978).
The last two of these decisions were rendered by a Board comprised of Mr. Salzman (as Chairman),
Dr. Johnson and myself.
On January 2,
1980, I reconstituted the Appeal Board for the proceeding to substitute Thomas S.
Moore for myself.
. Mr; Moore joined the Appeal Panel on that date as a lawyer member.
The substitution was effected in order to provide a more even distribution of our overall caseload among the various Panel members.,
As a consequence of this action, the security plan appeal will be heard on January 23 by Mr. Salzman, Dr. Johnson and Mr. Moore.
Because the questions presented by that appeal are essentially legal in character, it is appropriate that they be considered and decided by a Board on which two lawyers sit.
3.
In sharp contrast, the seismic appeal presents questions which are largely, if not entirely, of a highly technical nature.
Thus, it see'ms cl'ea'rly desirable 'to have..the'm co'nsider'ed and decided, if at. all possible, by a Board on which two scientists sit.
See 10 CFR 2.787(a).
Where there is but a single appeal from a licensing board
- decision, the mere fact that both legal and technical issues are raised by that appeal would not justify assigning differently constituted appeal boards to it -- one to consider the legal issues and the other to consider the technical issues.
I perceive no compelling cause,
- however, why the two independent appeals here involved -- being prosecuted by different lawyers and moving forward on different briefing and argument tracks need necessarily be considered by the same three members of the Appeal Panel.
To the contrary, as I see it,= in the present circumstances the Section 2.787(a) declaration that an appeal board is to be composed of individuals "possessing qualifications deemed appropriate to the issues to be decided" can be accommo-dated by calling upon a second scientist to sit on the seismic appeal in the stead of one of the lawyer members of the Board which will hear the security plan appeal.
4.
In accordance with the foregoing, I am hereby designating Dr. Buck to serve on the Board which will consider
and decide the seismic appeal.
As thus reconstituted, that Board will be comprised of Mr. Salzman (the Chairman),
Dr. Buck and Dr. Johnson.
A formal notice of this recon-stitution will be published in the Federal Receister.
FOR THE APPEAL PANEL CHAIRMAN Barbara A. Tompkins Secretary to the Appeal Panel
7590-01 NUCLEAR REGULATORY COMMISSION
[Docket. Nos.
50-275 OL
& 50-323 OL]
PACIFIC GAS
& ELECTRIC COMPANY,
( DIABLO CANYON NUCLEAR POWER PLANT ~
UNITS 1 2 )
Reconstitution of Atomic Safety and Licensing Appeal Board Notice is hereby given that, in accordance with the authority conferred by 10 C.F.R. 52.787(a) and for the 1
reasons stated in his January 4,
1980 memorandum, the Chairman of the Atomic Safety and Licensing Appeal Panel t
t
'c et and Licensin A
eal has reconstituted he A orna Saf y
g pp Board which will consider and decide the app'eal taken by the Joint Intervenors from Part III of the Licensing Board's consist of the following members:
September 27, 1979 partial initial decision in this operating license proceeding.
As reconstituted, the Appeal Board will Richard S.
- Salzman, Chairman Dr. John H. Buck Dr.
W.
Reed Johnson The Appeal Board which will consider and decide the appeal taken by the intervenor San Quis Obispo Mothers for Peace from certain aspects of Part
. IV of the September 27 decision will remain as reconstituted on January 2,
1980 and thus pocKHcp US;ERG
)AN 7 ~980 s Qfiic60f@e Sectetarl
~l
~<geggg 8 Service ggnch
7590-01 2
~
will consist of the following members:
k Richard S.
- Salzman, Chairman
'Dr.
W.
Reed Johnson Thomas S.
Moore Bar ara A.= Tomp xns Secretary to the Appeal Board Dated:
January 4,
1980
UNITED STATES OF AMERICA NUCLEAR REGULATORY CON'KSS ION In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY )
)-
, (Diablo Canyon Nuclear Power
)
Plant, Units 1 and 2)
)
)
)
Docket No. (s) 50-275 50-323
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P CERTIFICATE OF SERVICE I'hereby certify that I have this day served the foregoing document(s) upon each person designated on the official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2,712 of 10 CFR Part 2-Rules ofPractice, of the Nuclear Regulatory Commission's Rules and
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Regulations.
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Dated at Washington, D. C. this 19/9 Office o the Secretary of the ommiss ion i/N/7> (i)
))q~gg~~~
g g@ f~ (&'
g~.,g~i~ii~ g 8+>~k~d i/j/i<
1
li
UNITED STATES OF A~CA NUCLZ~Z REGULPZORY CO.'~lISSIOZ In the Matter of PACIFIC GAS AND ELECTRIC COMPANY
( Diablo Canyon, Units 1 and 2)
)
)
)
))"
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)
Docket No. (s) 50 275 50-323 SERVICE LIST Elizabeth S. Bowers, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 PhK.lip A. Crane, Jr.,
Esq.
Pacific Gas
& Electric Company 77 Beale Street, Room 3127 San Francisco, California 94106
'r.
Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washingto'n, D.C.
20555 Dr. William E. Martin Senior Ecologist Battelle Memorial Institute
- Columbus, Ohio 43201 Pichard S.
- Salzman, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory'ommission Washington, D.C.
20555 Dr.
W. Reed Johnson Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Thomas S.
- Moore, Eso.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555
'acific Gas
& Electric Company ATTN:
Mr. John C. Morrissey Vice President
& General Counsel 77 Beale Street San Francisco, California 94106 Mrs. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, California 93401 Janice E. Kerr, Esq.
California Public Utilities Commission 5246 State Building San Francisco, California 94102 Mrs.
Raye Fleming 1920 Mattie Plead Shell Beach, California 93440 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, California 93105 Mrs. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Mr. Gordon A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Paul C. Valentine, Esq.
321 Lytton Avenue Palo. Alto, California 94302 Yale I. Jones, Esq.
100 Van Ness Avenue, 19th Floor San Francisco, California 94102
0 Board and arties continued 50-275, -323 Brent Rushforth, Esq.
Stephen M. Kristovich, Esq.
Center for Law in the Public Xnterest 10203 Santa Monica Drive Los Angeles, California 90067 David F. Fleischaker, Esq.
1735 I Street, N.W., Apt. 709 Washington, D.C.
20006 Arthur C. Gehr, Esq.
Snell 6 Wilmer
~
3100 Valley Center Phoenix, Arizona 85073 Mr. James O. Schuyler Nuclear Projects Engineer Pacific Gas 6 Electric Company 77 Beale Street San Francisco, California 94106 Herbert H. Brown, Esq.
Hid.1, Christopher 6 Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 Mr. J. Anthony Klein Governor's Office State Capitol Sacramento, Cad.ifornia 95814 Mr. Carl Neiburger San Luis Obispo Telegram-Tribune P.O.
Box 112 San Luis Obispo, California 93406 Mr. James Hanchett Public Affairs Officer, Region V U.S. Nuclear Regulatory Commission 1990 N. California Boulevard, Suite 202 Walnut Creek, California 94596 Bruce Norton, Esq.
3216 North Third Street, Suite 202 Phoenix, Arizona 85012 Pw.
W. Andrew Baldwin, Esq.
Friends of the Earch 124 Spear San Francisco, California 94105
Information co ies sent to:
Docket Nos.59-275,
-323 Mr. William Dennen 760 Cielo Lane Nipomo, California 93444 Ms. Mary C. Phillips 2645 Ironwood Street Morro Bay, California 93442 Mr. Bruce Patrovsky Conservation Chairman Sierra Club Santa Lucia Chapter 985 Palm Street San Luis Obispo, California 93401 Mr. Dan Stack 474 Piney Way Morro Bay, California 93442 Mr. James Jones 219 East Forster Road Santa Maria, California 93454 San Luis Obispo County Farm Bureau Route 3, Box 155-C San Luis Obispo, California 93401 Field Supervisor Bureau of Sport Fisheries and Wildlife 2800 Cottage Way Sacramento, California 95825 Mr. Ian I. McMillan Box 63
- Shandon, California 93461 Mr. J.B. Neilands 185 Hill Road Berkeley, California 94708 Attorney General State of California Sacramento, California 95814 Mr. Irving Goldberg, Chief Environmental Radiation Control Unit Radiologic Health Section California Department of Health 714 P Street, Room 498 Sacramento, California 95814 Ms. Jane Swanson 311 Indian Knob,Road San Luis Obispo, California 93401 Mr. Dale G. Bridenbaugh Mr. Richard B. Hubbard MHB Technical Associates 366 California Avnue Suite 6
Palo Alto, California 94306 Mr. Donald G.
Browne Department of Earth 6 Space Sciences University of California, L.A.
Los Angeles, California 90024 Mr. Martin Essayan The Trust Building, 3rd Floor 105 Soquel Avenue San Grus, California 95060 Ms. Marion Whylie 370 60th Street Oakland, California 94618 Mr. Chris O'Loughlin 2351 Carmel Street Palo Alto, California 94303
Information co ies sent to:
continued 50-275/323 (2)
Ms.
A'. Jane Turner 21 Santa Maria Avenue Portola Valley, California 94025 Mr. Jeffrey Cotton 4344 Balboa Street San Francisco, California 94121 Mr. Harvey Rosenberg c/o Peets No.
7 Hill Park Avenue Great Neck, New York Ms. Lauretta Rice, President LWV of San Luis Obispo'638 Carla Court San Luis Obispo, California 93401 Mr. Gary Burns 5431 Lancer Santa Maria, California 93454 Mr. Joseph B.
Cummers P.O.
Box 1122 Hanford, California 93230 Mr. Jim Antt, Jr., President Greater Bakersfield Chamber of Commerce P.O.
Box 1947 Bakersfield, California 93303 Mr. Richard A. Smith, General Manager and Chief Eneineer United Water Conservation District P.O.
Box 432 Santa Paula, California 93060 Mr. F. Gillar Boyd, Jr., President Desert Water Agency P.O.
Drawer 1707 Palm Springs, California 92262 Mr. Seabury Gould c/o C. Alexander RD 2, Boz 394 Phoenixville, Pennsylvania 19460 Mr, Alfredo A. Pons 745 Darien Way San Francisco, California 94127 Ms. Anne Whetstone Fairfax, California 94930 0
Mare Sanders, M.D.
P.O.
Box 232 Corte Madera, California 94925 Mr. Daniel Stone 1374 17th Avenue San Francisco, California 94122 Ms.
Pam Menke 12 Dolores Street San Rafael, California 94901 Mr. Lawrence B. Kramer 1222 Second Avenue San Francisco, California 94122 Ms. Catherine Warren 70 Rodeo Avenue Sausalito, California 94965 Mr. W. Andrew Baldwin Friends of the Earth 124 Spear Street San Francisco, California 94122 Mr. David M. Bowman Boz 738 Berkeley, California 94701 Mr. George Harrow 1219 Seventh Avenue San Francisco, California 94122
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