ML16340B240
| ML16340B240 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon, Arkansas Nuclear  |
| Issue date: | 11/19/1980 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Fleischaker D FLEISCHAKER, D.S. |
| Shared Package | |
| ML16340B241 | List: |
| References | |
| NUDOCS 8012020020 | |
| Download: ML16340B240 (10) | |
Text
TRIBUTION: *w/incoming NRC PDR*
Docket Fi le* (50-275/323)
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-; I David S. Fleischaker, Esq.
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Dear Mr. Fleischaker:
BBuckley SHanauer.'his letter is sent to acknowledge receipt of your-letter of October@7, 1980, in which you requested on behalf of the joint intervenors that I take.Q action to initiate preparation of a supplemental environmental impact state-ment on Class 9 accidents at the Diablo Canyon nuclear power plants.
Your letter included an affidavit signed by Mr. Richard B. Hubbard.
I am treating your request under 10 CFR 2.206 of the Conmission' regulations.
As you may be aware, I recently denied a petition in which the Friends of the Earth also requested that I take steps to issue a supplemental environmental statement for the Diablo Canyon plants.
See Arizona Public Service Co. et al.,
DD-80-22, 11 NRC 919 (Dune 1980).
Nonetheless, the Staf wi review your letter and Mr. Hubbard's affidavit in order to determine whether you have presented information which would warrant granting your requested relief under 10 CFR 2.206.
You may expect a decision on your request withih a reasonable time ~
I enclose for your information a copy of a notice that is being filed for publication viith the Office of the Federal Register.
Sincerely, Orirical Si /IIod by L H.B.Dcaton Harold R. Denton, Director Office of Nuclear Reactor Regulation
Enclosure:
As stated CC:
Pacific Gas
& Electric (with incoming letter and affidavit)
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7590-01 NUCLEAR REGULATORY COMMISSION (Docket Nos."50-275 8 50-323)
PACIFIC GAS 8 ELECTRIC CO.
(Diablo Canyon fiuclear Popover Plant, Units 1
5 2)
RE UEST FOR ACTION UNDER 10 CFR 2.206 By letter of October 17, 1980, David Flefschaker, Esq.,
requested on behalf of the joint intervenors in the Diablo Canyon operating license proceeding that the Director of Nuclear Reactor Regulation take action to have prepared a
supplemental environmental impact statement on the environmental consequences of Class 9 accidents at the Diablo Canyon Nuclear Power Plants.
Mr. Flefschaker's letter was supported by the affidavit of Mr. Richard B. Hubbard.
Yir. Fleischaker
- asks that this action be taken prior to issuance of either a low or full poorer license for the plants.
Mr. Flefschaker's request fs being treated under 10 CFR 2.206 of the Commission's regulations.
The request fs similar to a request filed by the Friends of the Earth, which v>as recently denied under 10 CFR 2.206.
DD-80-22, ll NRC 919 (June 1980).
Nonetheless, the Staff vlfll revjev< Mr. Fleischaker 's letter and Mr. Hubbard's affidavit to determine whether the requested relief should be granted under 10 CFR 2.206.
Action on the request
@f11 be taken within a reasonable time.
Copies of the letter and affidavit are available for publfc inspection in the Commission's Public Document Room at 1717 H Street, N.W., Mashfngton, D.C.
20555 and in the local public document room at the California Polytechnic OFFICE P s.
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NRC FORM 3l8 I9.76) NRCM 0240
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Dated at Bethesda, taaryland, thts 1"I day of November, 1980.
FOR THE NUCLEAR REGULATORY COMMISSION GriI inal Siylo< bV
- g. 1i. DoIIton Harold R. Denton, Director Office of Nuclear Reactor Regulation 0
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UNITE0 STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 November 6, 1980 MEMORANDUM FOR:
Harold R. Denton, Director Office of Nuclear Reactor Regulation FROM:
SUBJECT'ames P. Murray Office of, Executive Legal Director RE(VEST FOR ACTION UNDER 10 CFR 2.206 - DIABLO CANYON In a letter of October 17, 1980, David Fleischaker, counsel to the joint inter-venors in the Diablo Canyon operating license proceeding, asked that you take action to prepare a supplemental environmental impact statement to consider the environmental consequences of Class 9 accidents at the Diablo Canyon facility.
Mr. Fleischaker asks that you take this action before any operating license is issued for the facility.
An affidavit by Richard B. Hubbard in support of'he request is attached to Mr. Fleischaker's letter.
Mr. Fleischaker's request may be treated as a request for action under 10 CFR 2.206.
You recently denied a petition in which Friends of the Earth asked for the same relief as that requested by Mr. Fleischaker.
DD-80-22, 11 NRC 919, 925-26 (June 1980)
(copy attached).
The'ComIission declined to exercise its discretion to re-view the denial.
Although Mr. Fleischaker's request might be denied on 'the basis of your earlier denial, it is appropriate that the Staff review his letter and the accompanying affidavit in order to determine whether Mr. Fleischaker has provided any new information.
Accordingly.,"I'ave enclosed a draft acknowledgment letter to Mr. Fleischaker and a Federal'Re ister notice.
These should be dispatched as soon as possible.
Please assure t at t e licensee also receives a copy of the acknowledgment letter and notice as well as a copy of Mr. Fleischaker's letter and affidavit.
If these drafts are not changed, they need not be returned to this office for con-currence.
Please provide me with a copy of the dispatched letter and notice and refer all other correspondence related to this matter to me for concurrence.
Please inform me who your staff contact on this matter will be.
This office will work with your staff in developing an appropriate response to Mr. Fleischaker's request under 10 CFR 2.206.
Enclosures:
Fleischaker letter Draft letter Draft notice James,P.
Murray Director and Chief Counsel Rulemaking and Enforcement Division CONTACT:
Stephen Burns x27268
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Docket Nos.
50-275 50-323 David S. Fleischaker, Esq.
1735 Eye Street, N.W.
Suite 709 Washington, D.C. -20006
Dear Mr. Fleischaker:
This letter is sent to acknowledge receipt of your letter of October 17, 1980, in which you requested on behalf of the joint intervenors that I take action to initiate preparation of a supplemental environmental impact statement
, on Class 9 accidents at the Diablo Canyon nuclear power plants.
Your letter included an affidavit signed by Mr. Richard,B.
Hubbard.
I am treating yaur request under 10 CFR 2.206 of the Comoission's E
'regulations.
As you may be aware, I recently denied a petition in which the Friends of the Earth also requested that I'take steps to issue a supplemental environmental statement for the Diablo Canyon plants.'Sed Arizona'Public'Service Co.et al., DD-80-22, 11 NRC 919 (June 1980).
Nonetheless, the Staff will review your letter and Mr. Hubbard's affidavit in order to determine whether you'have presented information which would warrant granting your requested relief under 10 CFR 2.206.,
You'ay expect a decision on your request within a reasonable time.
I enclose for your information a copy of a notice that is being filed for publication with the Office of the Federal Register.
Sincerely,
Enclosure:
As stated.
Harold R. Denton, Director Office of Nuclear Reactor Regulation CC:
Pacific Gas 5 Electric (with incoming letter and affidavit)
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