ML16340B684
| ML16340B684 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/08/1981 |
| From: | Bradley Jones NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8105110096 | |
| Download: ML16340B684 (10) | |
Text
05/8/81
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UNITED STATES OF AHERICA NUCLEAR REGULATORY COIIIIISSI OH AYAH BEFORE THE ATONIC SAFETY AND LICENSING BOARD In the tiatter of
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PACIFIC GAS AND ELECTRIC COtlPANY
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)
(Diablo Canyon Nuclear Power Plant
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Unit Hos.
1 and 2)
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Docket Nos.
50 2
0.
50-3 O.L.
riOTION To ADOPT SCHEDULE FOR DIABLO CANYON FULL P01IER OPERATING LICENSE INTRODUCTION On tray 9, 1979, the Joint Intervenors filed a "Request to Reopen or, in the Alternative, Request for Directed Certification" in the Diablo Canyon Full Power Proceeding.
On June 5,
1979 the Licensing Board deferred ruling on the motion to reopen pending issuance of the Staff's report on the effects of THI on Diablo Canyon.
On March 24, 1981 the Joint Intervenors filed a second motion to reopen on issues in addition to those originally identified in the Hay 9, 1979 motion.
For the reasons discussed below the Staff believes it is now appropriate to set a
schedule for resolution of the above motions to reopen.
DISCUSSION In the "NRC Staff Response to Licensing Board's Order for Supple-mental Positions on PGSE's Motion for Low Power Testing" (Response) of September 25, 1980, the Staff identified 6 areas of questions which needed to be addressed prior to issuance of any operating license for Diablo Canyon.
Those areas's were a) Seismic, b) Security, c) Radon or Table S-3, d) Emergency
- Planning, e) Class 9 accidents and f) guality Assurance.
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The Seismic and Security questions related to resolution of those issues by the Appeal Board.
Hearings by the Appeal Board on those issues have been completed and a decision is expected shortly.
The Emergency Plan and guality Assurance questions were deferred by the Licensing Board in its Partial Initial Decision of September 26, 1979 pending an examination of the effects of the Tt/I Action Plan on those issues.
Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2) 10 NRC 453 (1979).
With the issuance of Supplements 13 and 14 to the Diablo Canyon SER in April of this year, the Staff's analysis of the affects of THI requirements on Diablo Canyon is completed for the purposes of full power licensing.
As the Staff noted in its September 25, 1980 Response, the Radon or Table S-3 issues present questions which the Board may now rule upon.
Finally, the Staff had noted that the Class 9 issues should be deferred pending the outcome of the Appeal Board Hearings on the reopened Seismic Record.
The Licensing Board agreed with this suggestion in their Order of October 2, 1980.
Since the Seismic ruling is expected shortly, the Board will be able to issue a ruling on the Class 9 issues in the near future.
The outstanding issues identified above relating to full power operation of the Diablo Canyon facility are either resolved, resolvable, or will soon be resolvable.
Therefore, the Staff believes it is now appropriate to propose a schedule for considering and resolving the Joint Intervenors t1otions to Reopen the record in the Diablo Canyon full power proceeding.
The Staff reiterates that Joint Intervenors have not established sufficient grounds for reopening the record, nor have they presented admissable Contentions.
The schedule proposed by the Staff is as fol 1 ows:
Prehearing Conference June 5,
1981 Rulings on tlotions to Reopen and Contentions June 19, 1981
'Assuming Hearing is required)
Discovery Completed Summary Disposition Filed Testimony Submitted Hearing Begins July 31, 1981 rotions August 6, 1981 September 13, 1981 September 22, 1981 The Staff believes the above schedule provides an orderly method of proceeding to a decision on the Diablo Canyon Full Power License.
The Staff respectfully requests the Board to adopt the above schedule.
Respectfully submitted, t
Bradley
. Jone Counse for H
Staff Dated at Bethesda, Haryland this 8th day of t1ay, 1981.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
)
(Diablo Canyon Nuclear Power Plant Unit Nos. I and 2
Docket Nos. 50-275 O.L.
50-323 O.L.
CERTIFICATE OF SERVICE I hereby certify that copies of MOTION TO ADOPT SCHEDULE FOR DIABLO CANYON FULL POWER OPERATING LICENSE in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 8th day of May, 1981.
John F. Wolf, Esq.,
Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Glenn 0. Bright, Esq.
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Correission Washington, D.C.
20555 Dr. Jerry Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Elizabeth.Apfelberg 1415 Cozadero San Luis Obispo, California 93401 Philip A, Crane, Jr.,
Esq.
Pacific Gas and Electric Company P.O.
Box 7442 San Francisco, California 94106 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, Cal iforni a 93105 Mrs. Raye Fleming 1920 Mattie Road Shell Beach, California 93449 Richard E. Blankenburg Co-publisher Wayne A.,Soroyan, News Reporter South County Publishing Company P.O.
Box 460 Arroyo Grande, California 93420 Marjorie Nordl in ger Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr..Gordon Silver Mrs. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Arthur C. Gehr, Esq.
Snell
& Wilmer 3100 Valley Center Phoenix, Arizona 950?3 Paul C. Valentine, Esq.
321 Lytton Avenue Palo Alto, California 94302 Bruce Norton, Esq.
3216 North 3rd Street Suite 202 Phoenix, Arizona 85102 Andrew Baldwin, Esq.
124 Spear Street San Francisco, California 94105
John R. Phillips, Esq.
Simon Klevansky, Esq.
Margaret Blodgett, Esq.
Marion P. Johnston, Esq.
Joel Reynolds, Esq.
Center for Law in the Public Interest 10203 Santa Monica Boulevard Los Angeles, California 90067 Byron S. Georgiou Legal Affairs Secretary Governor's Office State Capitol Sacramento, California 95814 David S. Fleischaker, Esq.
Suite 709 1735 Eye Street, N.W..
Washington, D.C.
20006 Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K
San Jose, California 95125 John Marrs, Managing Editor San Luis Obispo County Telegram-Tribune 1321 Johnson Avenue P.O.
Box 112 San Luis Obispo, California 93406 Herbert H. Brown Hill, Christopher E Phillips, P.C.
1900 M Street, N.W..
Washington, D.C.
20036 Harry M. Willis Seymour 5 Willis 601 California St., Suite 2100
'San Francisco, California 94108 Janice E. Kerr, Esq.
Lawrence g. Garcia, Esq.
350 McAllister Street San Franc isco, Cal iforni a 94102 Mr. James
- 0. Schuyler Nuclear Projects Engineer Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel.
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mark Gottlieb California Energy Commission MS-18 llllHowe Avenue Sacramento, California 95825 Bradl
<. Jon Coun el for C Staff