ML16340A885
| ML16340A885 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/21/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| CLI-80-09, CLI-80-9, NUDOCS 8004080681 | |
| Download: ML16340A885 (10) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
John F.
- Ahearne, Chairman Victor Gilinsky Richard T.
Kennedy Joseph M. Hendrie Peter A. Bradford oj Xc/(P.o Q>t(+~
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'-. '$0dreting 4 -"I@ice Banco a'n the Matter of PACIFIC GAS 5 ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1
im 2)
)
)
)
Docket Nos.
50-275 O.L.
50-323 0. L.
ORDER CLI 9 On March 13,
- 1980, the Joint Intervenors filed a motion with the Commis-sion requesting that the Commission intercede in this proceeding and hear the appeal on the seismic
- issues, supplanting the Atomic Safety and Licensing Appeal Panel.
In the alternative, Joint Intervenors'equest that Dr.
- Buck, a
member of the Appeal Panel sitting in the seismic proceeding, disqualify 1
himself because of an alleged bias arising from his prior participation in other Appeal Board proceedings involving seismic issues.
- Also, as a final alternative, intervenors ask that Dr.
Buck be given an opportunity to address the disqualification issue.
The Joint Intervenors also filed a motion request-ing that the Commission stay the oral argument scheduled by the Appeal Panel for April 3, 1980 in order to provide the Commission sufficient time to rule on its requests.
The Commission has reviewed this matter and has decided not to interced in the seismic proceeding at this juncture.
The Commission wi 11 have ample opportunity to review, pursuant to the procedures set forth in 10 CFR 2. 786, 800.4080681
the important issues raised in this proceeding after the Appeal Board issues its decision.
'ith respect to the request that Dr.
Buck be disqualified from -further participation in the seismic pr oceeding, the Commission is deferring action until Dr.
Buck has been afforded the opportunity to rule on the request.
Under 10 CFR 2. 704(c) of the Commission's regulations, a challenged member of the Atomic Safety and Licensing Board Panel is afforded the opportunity to rule initially on disqualification requests.
On March 6,
- 1980, the Commission issued an order in this proceeding stating that challenged Commissioners will also be afforded the opportunity to rule on disqualification requests.
See CLI-80-6.
Consistent with this principle, the Commission wi 11 afford Dr.
Buck an opportunity to rule on the motion.
Should he decide to remain in the proceeding, that decision will be subject to Commission review pursuant to 10 CFR 2. 786.
In order that this process will be completed prior to April 3,
- 1980, we direct Dr.
Buck to publish a decision responding to Joint Intervenors'equest by March 26, 1980.
Because we intend to have this matter resolved prior to April 3,
- 1980, we are denying Joint Intervenors'equest that the Appeal Board proceeding be stayed.*
It is so ORDERED.
For the Co.ission Dated at Washington, 'D.C.
this C-<
day of ~0~,
1980.
SAMUEL Q.
LK.
ecretary og the Commission Section 201 of the Energy Reorganization
- Act, 42 U.S.C.
- 5841, provides that action of the Commission shall be determined by a "majority vote of.the members present."
Commissioners Kennedy and Hendrie were not present at the meeting at which this Order was approved.
Had they been present they would have voted with the majority.
Accordingly, the formal vote of the Commis-sion is 3-0.
,g I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
John F.
- Ahearne, Chairman.
Victor Gi1insky Richard T.
Kennedy Joseph M. Hendrie Peter A. Bradford Loc>(gpo VS.~;pg:
h1AR 21 19SO Nffc9 Qf Qg Q~gpg l
SOLfCUAg
~g <q]jga Ba cq'
~b In the Matter of PACIFIC GAS 5 ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1
8 2)
Docket Nos.
50-275 O.L.
50-323
- 0. L.
ORDER CLI 9 r
On March 13,
- 1980, the Joint Intervenors filed a motion with the Commis-sion requesting that the Commission intercede in this proceeding and hear the appeal on the seismic
- issues, supplanting the Atomic Safety and Licensing Appeal Panel.
In the alternative, Joint Intervenors'equest that Dr. Buck, a
member of the Appeal Panel sitting in the seismic proceeding, disqualify himself because of an alleged bias arising from his prior participation in other Appeal Board proceedings involving seismic issues.
Also,'s a final II alternative, intervenors ask that Dr.
Buck be given an opportunity to address the disqualification issue.
The Joint Intervenors also filed a motion request-ing that the Commission stay the oral argument scheduled by the Appeal Panel for April 3, 1980 in order to provide the Commission sufficient time to rule on its requests.
The Commission has reviewed this matter and has decided not to intercede in the seismic proceeding at this juncture.
The Commission will have ample opportunity to review, pursuant to the procedures set forth in 10 CFR 2. 786,
the important issues raised in this proceeding after the Appeal Board issues its decision.
With respect to the request that Or.
Buck be disqualified from further participation.in the seismic proceeding, the Commission is deferring action unti 1 Or.
Buck has been afforded the opportunity to rule on the request.
Under 10 CFR 2. 704(c) of the Commission's regulations, a challenged member of the Atomic Safety and Licensing Board Panel is afforded the opportunity to rule initially on disqualification requests.
On March 6,
- 1980, the Commission issued an order in this proceeding stating that challenged Commissioners will also be afforded the opportunity to rule on disqualification requests.
See CLI-80-6.
Consistent with this principle, the Commission will afford Dr.
Buck an opportunity to rule on the motion.
Should he decide to remain in the proceeding, that decision will be subject to Commission review pursuant to 10 CFR 2. 786.
In order that this process wi 11 be completed prior to April 3,
- 1980, we direct Dr.
Buck to publish a decision responding to Joint Intervenors'equest by March 26, 1980.
Because we intend to have this matter resolved prior to April 3,
- 1980, we are denying Joint Intervenors'equest that the Appeal Board proceeding be stayed.*
It is so ORDERED.
For the Co ission Dated at 'l<ashington, D.C.
this f<
day of IRIDO~, 1980.
SY SAMUEL Q.
LK ecretary og the Commission Section 201 of the Energy Reorganization
- Act, 42 U.S.C.
- 5841, provides that action of the Commission shall be determined by a "majority vote of the members present."
Commissioners Kennedy and Hendrie were not present at the meeting at which this Order was approved.
Had they been present they would have voted with the majority.
Accordingly, the formal vote of the Commis-sion is 3-0.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COl&iISSION In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY )
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)
(Diablo Canyon. Nuclear Power Plant, Units 1 and 2)
Docket No. (s) 50-275 50-323 CERTIFICATE OF 'SERVICE I hereby certify that I have this day served the foregoing document(s) upon each per=on 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 of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
0 ~ ~
~ ~
~ ~
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~ ~
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'ated at gashington, P.C. thi day oZ !j
+ 19/~.
Officg f he Secietary of the Co ssion
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UNITED STATES OF A!~~ICA NUCLEL> REGL~iTORY CO ~,-SSION In the Pwtter o=
PACIFIC GAS A%) ELECTRIC COMPANY 4
( Diablo Canyon, Units 1 and 2)
)
)
)
. Docket No, (s)
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SERVICE LIST 50-275 50-323 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 Mr. Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. William E. Martin Senior Ecologist Battelle Memorial Institute
- Columbus, Ohio 43201 Richard S.
- Salzman, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission 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, Esq.
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>>
Mrs. Elizabeth Apfelberg c/o Ms.
Nancy Culver 182 Luneta Drive San Luis Obispo, Cali ornia 93401 Janice E. Kerr, Esq.
California Public Utilities Connission 5246 State Building San Francisco, California 94102 Mrs., Raye Fleming 1920 Mattie Road Shell Beach, California 93440 Mr. Fredeiick 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 50-2757
-323 Brent Rushforth, Esq.
Stephen M. Kristovich, Esq.
Center for Law in the Public Interest 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
& Wilmer 3100 Valley Center
- Phoenix, Arizona 85073 Mr. James
- 0. Schuyler Nuclear Prospects Engineer Pacific Gas
& Electric Company 77 Beale Street San Francisco, California 94106 Herbert H. Brown, Esq.
Hill, Christopher
& Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 Mr. J. Anthony Klein Governor's Office State Capitol Sacramento, CaD.fornia 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 Mr. W. Andrew Baldwin, Esq.
Friends of the Earch 124 Spear San Francisco, California 94105