ML17083A396
| ML17083A396 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/25/1980 |
| From: | Tourtellotte J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8006270305 | |
| Download: ML17083A396 (8) | |
Text
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 GOVERNOR BROllN'S PARTICIPATION IN SECURITY PLAN HEARING I.
INTRODUCTION AND DISCUSSION On June 11, 1980, Edmund G. Brown, Jr.,
Governor of the State of California (Governor), filed notice of his intent to "participate in the hearing on the security plan issue" to be held by the Atomic Safety and Licensing Appeal Board in the above-captioned proceeding.
As grounds for such parti-
- cipation, the Governor of California stated that "the adequacy of Applicant's security plan is of central concern to the State of California and necessarily involves the responsibilities of the Governor and the Executive Branch of the State Government."
He also asserted that "certain information Iconcerning security measures]
is peculiarly available to the Governor."+
jl'he Governor was belatedly admitted to this proceeding as the representa-tive of an interested state under the provisions of 10 CFR 52.715(c) by the Atomic Safety and Licensing Board.
Order Relative to the Petition of Governor Edmund G. Brown, Jr.
(November 16, 1979).
Q2 Pleading entitled "Participation in Security Plan Hearing" dated June 11, 1980.
g3 Id. at 1-2.
But see Governor Brown's Statement of Issues of Concern dated December 19, 1979 filed before the Atomic Safety and Licensing Board in gcds7 this case.
S 80062V 0 3 05
Given the present posture of this case - de novo review of the security matters by the Appeal Boar& - and the arguments set forth by the Governor in support of his petition, the NRC Staff interposes no objection to partici-pation by the Governor of the State of California in the upcoming security hearings P II.
CONCLUSION For the foregoing reasons, the NRC Staff does not object to participation by Governor Edmund G. Brown, Jr. of the State of California in the security hearings before this Appeal Board.
Respectful ly submi tted, James R. Tourtellotte Assistant Chief Hearing Counsel for the NRC Staff Q4 Pacific Gas and Electric Com an (Diablo Canyon Nuclear Power Plant, 2 [F,i g5 The Staff believes that participation by the Governor in the de novo hearing of the security issue on appeal is distinguishable from his right to participate in the seismic appeal.
Cf.
Pacific Gas and Elec-tric Com an (Diablo Canyon Nuclear Power Plant, Units 1 and 2
, ALAS-583, 11 NRC
~Sli
~0. dated March 12, 1980, at 5).
The instant parti-cipation does not necessarily require knowledge of the record below, the Governor has indicated that his participation will assist in developing a sound record and he asserts that his participation will not unduly delay the proceeding.
Governor's Participation in Security Plan Hearing pleading at 2 (June 11, 1980).
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.
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF
RESPONSE
TO GOVERNOR BROWN'S PARTICIPATION IN SECURITY PLAN HEARING", dated June 25, 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 Commi~ion's internal mail system, this 25th day of June, 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
- Elizabeth S.
- Bowers, Esq.
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Elizabeth Apfelberg c/o Nancy Culver 192 Luneta San Luis Obispo, California 93401
+Mr. Glenn 0. 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 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 Mattie Road Shall Beach, California 93449 Richard E. Blankenburg, Co-publisher Wayne A. Soroyan, News Reporter South County Pu~lishing Company P.O.
Box 460 Arroyo Grande, California 93420
Mr, Gordon Silver 1760 Alisal Street San Luis Obispo, California 93401 John R. Phillips, Esq.
Simon Klevansky, Esq.
Margaret Blodgett, Esq.
Marion P. Johnston, Esq.
, Center for Law in the Public Interest 10203 Santa Monica Boulevard Los Angeles, California 90067 Arthur C. Gehr, Esq.
Snell 5 Wilmer 3100 Valley Center Phoenix, Arizona 85073 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 Janice ED Kerr, Esq.
Lawrence g. Garcia, Esq.
350 McAllister Street San Francisco, California 94102 Mr. James
- 0. Schuyler Nuclear Projects Engineer Pacific Gas 5 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. Sil ver 1760 Alisal Street San Luis Obispo, California 93401 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, California 95814
<<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
<<Secretary U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing 8 Service Br.
Washington, D.C.
20555 Edward G.
Ketche Counsel for NRC Staff
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