ML17083A228
| ML17083A228 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/10/1980 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8001160134 | |
| Download: ML17083A228 (26) | |
Text
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Docket Nos. 50-1 O.L.
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50-323
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In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant Unit Nos.
1 and 2)
/10/80
/ -.- --'-,.
UNITED STATES OF AMERICA
'NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD c-NRC STAFF REQUEST FOR TIME EXTENSION Pursuant to 10 C.F.R. 55 2.762 and. 2.711, the NRC Staff hereby respect ully request's a thirty (30) day extension of time up to and including February 20, 1980, to file its brief in response to the "Joint Intervenors'San Luis Obispo Mothers for Peace'rief in Support of Exceptipns,"
dated December 7,
- 1979, and the "Brief in Support of Exception or, In the Alternative, Brief Amicus Curiae of Edmund G. Brown, Jr.,
Governor of the State of California,"
dated December 7,
1979.
In the present proceeding, the Pacific Gas and Electric Company is seeking a
license to operate the Diablo Canyon Nuclear Power Plant,'located on the California coastline between Los Angeles and San Francisco.
The. central safety issue in this appeal is whether the Diablo Canyon Nuclear Power Plant is adequately
- designed, in accordance with the Commission'.s regulations, to protect against earthquakes.
The Atomic Safety and Licensing Hoard issu'ed a Partial Initial Decision (PID) ori September 27, 1979.
In its Decision, the Board found that the reanalysis conducted by the Staff and Applicant demonstrated that the Diablo Canyon Nuclear Povier Plant could safely withstand a 7.5 magnitude earthquake on the Hosgri Fault.
The Joint Intervenors filed exceptions to the PID on October 15,
- 1979, and added another exception by a supplemental pleading on October 17, 1979.
The Joint Intervenors'rief in support of its exceptions was filed on December 7,
1979, after requesting and receivi'ng two extensions of time..
The State of Cali-ernie
's amicus curiae brief uas also served on December 7,
1979.
1/
The NRC Staff's response to Joint Intervenors'rief and to Governor Brown's brief is novI due to be filed on January 21,
- 1980, assuming the addition of five {5) days for filings by mail.
s 2/
On October 15, 1'979, Edmund G.
Brown, Jr., Governor of the State of Califor'nia, petitioned to be admitted'o the instant proceeding as the representative of the State of California pursuant to 10 C.F.R. 52.715(c)
The Atomic Safety and Licensing Board, by Order of November 16,
- 1979, admitted the State of California to participate in the proceeding pursuant to 10 C.F.R. 52.715(c).
In response to the Licensing Board's request ia the November 16, 1979 Order.,
the State of California submi.tted a statement of issues of concern on December 19, 1979.
The third issue identified there by California is pertinent to the pending seismic appeal and is the subject matter of the amicus curiae bri ef. It raises the issue of whether the Licensing Hoard adequately considered seismic focusing and high stress drop in the Board.'s Partial Initial Deci sion of September 27, 1979..
Similarly, Pacific Gas and Electric Company's brief on appeal is due on January ll, 1980.
v Discussion Because of the complexity of the issues presented by the present
- appeal, the Staff has required the assistance of outside experts in the preparation of their appellate brief.
- However, the NRC Staff 's primary structural engineering consultart, Dr, Nathan Newmark, has recently been hospitalized, and it is anticipated that he will remain in. the hospital unti 1 mid or late. January.
Also, the Staff has not yet. re'ceived the technical assistance requeSted from.
the U.S. Geological Survey (U.S.G.S.)
which serves as the principal geological-seismic consultant to the NRC Staff.
The U.S.G.S.
consultant witness, hr James
- Devine, has been unavai.1abl e due to an illness'nd other priority assignments.
Jn addition, some of the key NRC Staff reviewers and technical witnesses are no longer employed by the NPC,.and the loss of such key 3/
personnel has created a substantial time delay while new personnel familiarize themselves with the facts and issues of this complex case.
In order for the. Staff to provide the Board with a full and responsive brie on the issues raised in. this appeal, the Staff will ne d the technical assis-tance of Dr.
Newmark and Hr. Devine.
Accordingly, to permit time for the recovery of Dr.
Newmark and the availability of Hr. Devi'rre, the Staff requests an extension of thirty (30) days in the time for the filing of its brief in this appeal.
,For example, both Dr. Carl Stepp and Nr, Renner
- Hofmann, who testified in the geological-seismological
- areas, no longer work for this agency.
Conclusion For the foregoina.reasons, the Staff requests an extension of time, up to and including February 20, 1980, to 'file its response to the'oint lntervenors' Brief in Support of Seismic Exceptions and the Amicus Curiae brief filed on behalf of he Governor of the State of California.'ounsel for the Applicants, the Joint Intervenors and the State of California have authorized NRC Staff counsel io represent that they have no objection to this request.
Respectfully submitted, Edward G. Ketchen Counsel for HRC Staff Dated at Bethesda, 'tlaryland tnsis 10th day of January, 1930.
UNXTED STATES OF AMERICA NUCLEAR REGULATORY COMMXSSXON BEFORE THE ATOMIC SAFETY AND LXCENSING APPEAL BOARD In the Matter of PACIFXC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units No.
1 and 2)
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Docket Nos.
50-275 O.L.
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50-323 O.L.
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ERRATA SHEET TO APPLICANT PACXFIC GAS AND ELECTRIC COMPANY'S BRIEF IN RESPONSE TO INTERVENORS'RIEFS XN SUPPORT OF EXCEPTIONS TO PART IIX OF XNXTIAL DECISION MALCOLM H.
FURBUSH PHILIP A.
CRANE, JR.
Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94106 (415) 781-4211 ARTHUR C.
GEHR Snell
& Wilmer 3100 Valley Center
- Phoenix, AZ 85073 (602) 257<<7288 BRUCE NORTON 3216 North Third Street Suite 202 Phoenix,'Z 85012 (602) 264-0033 Attorneys for Pacific Gas and Electric Company January 15; 1980
I
Applicant, PACIFIC GAS AND ELECTRIC COMPANY, hereby submits the following errata to its Brief in Response, filed January ll, 1980:
~Pa e
Chanche Four lines from bottom of quote:
"fndings" should be "findings".
Third line of text: "instrinsically" should be "intrinsically".
Tenth line of text:
"fact-in-finding" should read "fact-finding".
Ninth line from bottom of text:
"curiae" should be "curiae".
13 Eighth line from bottom of text:
"has have no" should read "has no".
22 Third line from bottom of text:
"more" should be "less".
28 Sixth line of text:
"to with the" should read "to the".
33 33 First line of text:
"renalysis" should be "reanalysis".
Twelfth line of text:
citation to N.T. is "15" should be "10-16".
37 First line of text:
"computations" should read "the derivation of calculations".
40 Seventh line from bottom of text:
"suctures" should be "structures".
Respectfully submitted, MALCOLM H.
FURBUSI1 PHILIP A.
CRANE i JR.
Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106 (415)781-4211
ARTHUR C.
GEHR Snell 6 Nilmer 3100 Valley Center
- Phoenix, Arizona 85073 (602)257-7288 BRUCE NORTON 3216 N. Third Street Suite 202
- Phoenix, Arizona 85012 (602)264-0033 Attorneys for Pacific Gas and Electric Company Bruce Norton DATED:
January 15, 1980
UNITED STATES QF AMERTCA NUCLEAR REGULATORY COMMISSXON BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of PACIFXC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units No.
1 and 2)
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Docket Nos.
50-275 O.L.
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50-323 O.L.
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CERTIFICATE OF SERVICE I hereby certify that copies of "ERRATA TO APPLICANT PACIFIC GAS AND ELECTRIC COMPANY'S BRIEF IN RESPONSE TO INTERVENOR'S BRIEFS IN SUPPORT OF EXCEPTIONS TO PART III OF INXTIAL DECISION"g dated January 15, 1980, have been served on the following by deposit in the United States mail, this 16th day of January, 1980:
Elizabeth S.
- Bowers, Chairman Atomic Safety and Licensing Board Mail Drop East West 450 U.
S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Mr. Glenn O. Bright Atomic Safety and Licensing Board Mail Drop East West 450 U.
S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Dr. William E. Martin 0
Senior Ecologist Battelle Memorial Institute
- Columbus, OH 43201 Mrs. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, CA 93401 Mr. Richard S.
- Salzman, Chairman Mr. Thomas S.
Moore Dr.
W.
Reed Johnson Atomic Safety a Licensing Appeal Panel U.
S. Nuclear Regulatory Commission 4350 E. West Highway
- Bethesda, MD 20014 Mrs.
Raye Fleming 1920 Mattie Road Shell Beach, CA 93449 Gordon Silver 1760 Alisal Street San Luis Obispo, CA 93401 Sandra A. Silver 1760 Alisal Street San Luis Obispo, CA 93401 Paul C. Valentine, Esq.
321 Lytton Avenue Palo Alto, CA 94302 Yale I. Jones,,Esq.
100 Van Ness Avenue 19th Floor San Francisco, CA 94102 John R. Phillips, Esq.
Center for Law in the Public Interest 10203 Santa Monica Blvd.
Los Angeles, CA 90067 David F. Fleischaker, Ehq.
1735 Eye Street N.W.
Washington, D.C.
20006 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Xnc.
4623 More Mesa Drive Santa Barbara,.
CA 93105
Janice E. Kerr (Ms.)
Lawrence Q. Garcia, Esq.
California Public Utilities Comm'n 5246 State Building 350 McAllister Street San Francisco,CA 94102 James R. Tourtellotte, Esp.
L.
Dow Davis, Esp.
Mare R. Staenberg, Esq.
Edward G. Ketchen, Esp.
Office of Executive Legal Director BETH 042 U.
S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Atomic Safety and Licensing Board Panel U.
S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.
S. Nuclear Regulatory Comm'n Washington,'.C.
20555 Andrew Baldwin, Esp.
Friends of the Earth 124 Spear Street San Francisco, CA 94105 MHB Technical Associates 1723 Hamilton Ave., Suite K
San Jose, CA 95125 Carl Neiburger Telegram Tribune P.
O.
Box 112 San Luis Obispo, CA 93402 J.
Anthony Kline, Esq.
Legal Affairs Secretary to the Governor State of California State Capitol Building Sacramento, CA 95814 Herbert H. Brown, Esq.
Hill, Christopher 6 Phillips 1900 M Street, N.W.
Washington, D.C.
20036
UNITED STATES OF AMERICA NUCLEAR REGULATORY COYiNISSION ATOMIC SAFETY AND.LICENSING APPFAL BOARD Richaid S'.
- Salzman, Chairman Dr. 4'.
Reed Johnson Thomas S.
Moore
<cO X) gpss In the Matter of PACIFIC GAS
& ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1
2) gQ% ~,9
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Docket Nos.
50-275 OL
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50-323 GL
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NOTICE OF CF~GE OF PLAC" OF ARGUMENT January 16, 1980 The location of the oral argument in tnis cause scheduled for 9:30 a.m.,
Nednesday, January 23,
- 1980, has been changed from the U.S.
Tax Court to the Uni'ted States District Cour",
Courtioom hlo.
12, 19th <<loor, Federal Building and Cour house, 450.Golden Gate Avenue, San Francisco, Cal'fornia.
I't is so ORDERED.
FOR THE APPEAL BOARD C. Je Bishop Secre" ~ y to 'the Appeal Board
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant Unit Nos.
1 and 2)
Docket Nos.
50-275 O,L, 50-323 O.L.
NRC STAFF
RESPONSE
TO INTERVENORS'E(UEST THAT ORAL ARGUMENT ON SEISMIC ISSUES BE HELD IN SAN LUIS OBISPO On January 4, 1980, the Chairman of the Atomic Safety and Licensing Appeal Panel announced that argument on the seismic issues on appeal in the above-captioned case would be held in Bethesda, Maryland since the principal lawyer for the Joint Intervenors has his office in Washington, D.
C.
In a motion dated January 10,
- 1980, Counsel for Joint Intervenors stated that they desired that the seismic oral argument be held in San Luis Obispo for the benefit of the local citizens who are keenly interested in the outcome of the litigation.
The NRC Staff interposes no objection to Intervenors'equest that the seismic oral argument be held in San Luis Obispo, California.
Respectfully submitted, Dated at Bethesda, Maryland this 17th day of January, 1980 L.
Dow Davis Counsel for NRC Staff
0
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TKE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant Unit Nos.
1 and 2)
Docket Nos.
50-275 O.L.
50-323 O.L.
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF
RESPONSE
TO INTERVENORS'E(UEST TKAT ORAL ARGUMENT ON SEISMIC ISSUES BE HELD IN SAN LUIS OBISPO", dated January 17, 1980, 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 17th day of Jabuary, 1980:
- Richard S.
- Salzman, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.
C.
20555
- Dr. John H. Buck 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
- Mr. Thomas S.
- Moore, Member Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.
C.
20555
- Dr. John H. Buck, Member Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, 0.
C.
20555
- Elizabeth S.
- Bowers, Esq.
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.
C.
20555
- Mr. Glenn 0. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Mrs. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, California 93401 Dr. William E. Hartin Senior Ecologist Battelle Memorial Institute
- Columbus, Ohio 43201 Philip A. Crane, Jr.,
Esq.
Pacific Gas and Electric Company Room 3127 77 Beale Street San Francisco, California 94106 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa
- Barbara, California 93105 Mrs.
Raye Fleming
- 1920 Hattie Road Shell Beach, California 93449
Mr. Gordon Silver 1760 Alisal Street San Luis Obispo, California 93401 John R. Phillips, Esq.
Simon Klevansky, Esq.
Margaret Blodgett, Esq.
Center for Law in the Public Interest 10203 Santa Monica Drive Los Angeles, California 90067 Arthur C. Gehr, Esq.
Snell E Wilmer 3100 Valley Center Phoenix, Arizona 85073 Paul C. Valentine, Esq.
321 Lytton Avenue Palo Alto, Cali fornia 94302 Yale I. Jones, Esq.
100 Van Ness Avenue 19th Floor San Francisco, California 94102 Janice E. Kerr, Esq.
Lawrence
- g. Garcia, Esq.
350 McAllister Street San Francisco, California 94102 Mr. James
- 0. Schuyler Nuclear Projects Engineer Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106 Bruce Norton, Esq.
3216 North 3rd Street Suite 202 Phoenix, Arizona 85102 David S. Fleischaker, Esq.
Suite 709 1735 Eye Street, N.W.
Washington, D.
C.
20006 Mrs. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401
- 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 Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D.
C.
20555 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. 0.
Box 112 San Luis Obispo, California 93406 Andrew Baldwin, Esq.
124 Spear Street San Francisco, California 94105 Herbert H. Brown Hill, Christopher 5 Phillips, P.C.
1900 M Street, N.W.
Washington, D.
C.
20036 J. Anthony Klein Legal Affairs Secretary Governor's Office State Capitol Sacramento, Ca.
95814 1A
~gC Dow Davis Counsel for NRC Staff
I 4