ML17083A434
| ML17083A434 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/30/1980 |
| From: | Olmstead W, Swartz L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML17083A433 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8008040079 | |
| Download: ML17083A434 (12) | |
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.
and 50-323 O.L.
OBJECTION TO PROPOSED EXPERTS OF GOVERNOR EDMUND G.
BROWN, JR.
FOR SECURITY PLAN HEARING On July 25, 1980, the Staff received a pleading entitled "Proposed Experts of Governor Edmund G. Brown, Jr. for Security Plan Hearing and Request for Clarification."
In this pleading, counsel for Governor Brown presented the names and statements of qualification for five proposed "expert consultants" along with their executed affidavits of non-disclosure and also noted his intention to use Jeremiah Taylor as an expert witness.
Counsel for Governor Brown also requested that the Board clarify its procedures with respect to the right of the, participants to designate addittonal.expert witnesses after P
review of the security plan.
The Staff will address each of these concerns in turn.
A.
Ex ert Consultants and Witnesses Governor Brown proposes to use five individuals as "expert consultants
- and, if proves necessary, as expert witnesses...
in connection with the Appeal Board's hearing on the security plan issue...."
The Staff has no objection to the concept of "expert consultants."
A situation can be
envisioned where certain qualified individuals review a security plan and advise counsel on that matter, but then, for a variety of reasons, it is 1
determined not to utilize one or more of those persons as witnesses in the hearing.
However, to insure that neither the spirit nor the letter of the protective order is violated by this practice, any expert consultant utilized in this manner should be required to meet the same qualifications as an expert witness before he is permitted to review the security plan.
That is, access to a security plan should be given only to individuals "who have been shown to possess the technical competence necessary to evaluate the portions of the plan which they may be shown."
Pacific Gas and Electric Com an (Diablo Canyon Nuclear Power
- Plant, Units 1
and 2}, ALAB-410, 5 NRG 1398, 1404 (1977).
After a careful reading of their statements of qualification, the Staff has no objection to Darel R. Sievers, Richard E. White, or Louis 0. Giuffrida as expert consultants or expert witnesses.
The Staff does, however, object to Alex R. Cunningham and 0ohn J.
Kearns as security experts.
Although both Mr. Cunningham and Mr. Kearns are well-qualified in the field of emergency planning, their statements of qualification do not reflect either knowledge or expertise in the field of physical security.
According to these statements, neither Mr. Cunningham nor Mr. Kearns have any experience with security
- hardware, organization, or philosophy.
Without such knowledge and understanding they would be unable to render a proper expert opinion as to the adequacy of the Diablo Canyon security plan.
B.
Jeremiah Ta lor as an Ex ert Witness The Staff does not object to the use of Jeremiah Taylor as an expert for both the Intervenors and Governor Brown.
However, the Staff can foresee some procedural difficulties in the filing of testimony, the presentation of direct evidence, and the cross-examination of witnesses.
As long as all the parties are aware of the potential problems and are willing to assume responsibility for meeting the Board's schedules and for sponsoring Nr. Taylor's testimony in advance of the hearing the Staff has no objection to Hr. Taylor being offered as an expert witness for two parties.
C.
Re uest for Clarification Governor Brown asks the Appeal Board to clarify the procedures for designating additional exper t witnesses after review of the security plan.
To avoid any potential abuse or unnecessary delay by this practice, a party should be required to demonstrate a reasonable nexus between the issues set for litlga-tion and the new witnesses they seek to use.
Any such witnesses, of course, must meet the qualification requirements for an expert witness in this proceeding.
In addition, the parties should be required to state promptly upon receiving the plan their intention of designating other expert witnesses and the qualifications
.of these witnesses'
Conclusion In principle, the Staff does not object to the use of expert consultants provided they have the same qualifications as are required for expert witnesses under ALAB-410.
The Staff does object to Mr. Cunningham and Mr. Kearn as experts because they have no background in the areas of physical security.
The Staff does not object to the three other experts proposed by Governor Brown or to Jeremiah Taylor who will also testify for the Intervenor s Finally, the Staff believes that any designation of additional experts must be accompanied by a showing of the relation between the issues in the proceeding and the witnesses to be used and that such designation be made promptly so as not to delay the start of the hearing.
Respectfully submitted, Lucinda Low Swartz Counsel for NRC Staff William J.
0 mstead Counsel for NRC Staff Dated at Bethesda, Mayland this 30th day of July, 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 herebv certify that copies of "HRC STAFF RESPONSE TO SAN LUIS OBISPO MOTHERS FOR PEACE OBJECTION TO AMENDED AFFIDAVIT OF HOH-DISCLOSURE and OBJECTIOH TO PROPOSED EXPERTS OF GOVERNOR EDMUND G.
BROWN, JR.
FOR SECURITY PLAN HEARING," dated July 30, 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 30th day of July, 1980:
- Richard S.
- Salzman, Esq.,
Chairman "ter. Glenn 0. Bright A omic Safety and Licensing Appeal Board Atomic Safety and Licensing Board U.S. Nucle r Regulatory Corimission U.S. Nuclear Regulatory Commission Wasnington, D.C.
20555 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 Coomission 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 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 Publishinq Company P.O.
Box 460 Arroyo Grande, California 93420
Mr. Gorden 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
& Wilmer 3100 Valley Center Phoenix, Arizona 85073 Paul C. Valentine, Esq.
321 Lytton Avenue Palo Alto, California 94302 Harry M. Willis Seymour 8 Willis 601 California St., Suite 2100 San Francisco, California 94108 Janice E. 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. Silver 1760 Alisal Street San Luis Obispo, California 93401 Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K
San Jose,'alifornia 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 8 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 Comnission Washington, D.C.
20555
- Secretary U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing
& Service Br.
Washington, D.C.
20555 Edward G. Ketche Counsel for NRC Staff