ML17083A436
| ML17083A436 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/04/1980 |
| From: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ALAB-598, ISSUANCES-OL, NUDOCS 8008070288 | |
| Download: ML17083A436 (8) | |
Text
t Og In the YIatter of UNITED STATES OF Af'IERICA NUCLEAR REGULATORY COtiiHISS ION BEFORE THE ATOMIC SAFETY ANO LICENSING APPEAL BOARD Qh 'IEcsDPPgYA>
IM~SIII Ig+/
)
PACIFIC GAS AND ELECTRIC CO!'1PANY
)
)
(Diablo Canyon Nuclear Power Plant
.)
Unit Nos.
1 and 2)
)
Docket Nos.
50 0-.
50-323 O.L.
NRC STAFF
RESPONSE
TO JOINT INTERVENORS'EQUEST FOR RECONSIDERATION OF ALAB-598 OR, IN THE
~
ALTERNATIVE FOR CERTIFICATION In ALAB-598 the Atomic Safety and Licensing Appeal Board granted the Joint Intervenors'otion to reopen the record for the purpose of considering new data from the October 15, 1979 Imperial Valley Earthquake.
The Appeal Board set out in an Appendix to its decision specific questions related to the seismic considerations involved in this proceeding and directed the parties to address those questions with written direct testimony by appropriately qualified witnesses.
In a filing dated July 17, 1980, the Joint Intervenors have requested the Board to reconsider ALAB-598 to provide steps which will assure Dr. Mihailo Trifunac and Dr. Enrique Luco will have the opportunity to comment on the questions in the Appendix and that the United States Geological Service (USGS) be provided a similar opportunity to comment.
If the Appeal Board desires the comments of either Dr. Trifunac or Dr. Luco or both, the NRC Staff has no objection to the receipt of their views as part of the record.
Drs. Trifunac and Luco are technical consultants to the Advisory Cottmittee on Reactor Safeguards.
As such, they are special government employees within the meaning of 10 C.F.R. 5 0.735-4(e) and 18 U.S.C..5 207.
Consequently, Q O~
o(
they would be barred from appearing on behalf of Joint Intervenors or any other party to this proceeding other than the NRC.
See 18 U.S.C.
5 207 and 10 C.F.R. 5 0.735-26.
However, Commission policy has long been to care-fully observe separation between those technical consultants who provide assistance to the Staff in a particular matter and those who advise the ACRS in the same matter.
In the proceedings below, Drs. Trifunac and Luco were subpoenaed by Joint Intepvenors but did not appear, as'heir witnesses per se.
- Rather, they were represented specially by counsel not affiliated with any party.
While recognizing the unusual practice of having ACRS consultants appear in a licensing adjudication, this Board has the authoPity in the circumstances to request that the ACRS provide Drs.
Luco and Trifunac for purposes of responding to the questions the Board has identified which relate to pre-.'ious testimony of Drs.
Luco and Trifunac.
The NRC Staff is advised that, if the Board makes such a request, the ACRS, in the special circumstances of this proceeding, will request Drs.
Luco and Trifunac to respond under the provisions of their current consulting agreement.
Joint Intervenors also request the Appeal Board to invite USGS to submit written testimony on the Appeal Board's questions.
The Staff has relied on the USGS as a consultant in prior proceedings in this case.
USGS per-sonnel have appeared as NRC Staff witnesses.
USGS personnel were used as a part of the NRC Staff's presentation before the Licensing Board.
Joint Intervenors note that this is not sufficient, arguing that USGS ".
may have a point of view different from the Staff that is not apparent unless the USGS is requested to submit its own comments."
While the provisions
of 10 C.F.R. 5 2.720(h)(2) make it clear that a party to a proceeding cannot dictate to the Staff what specific person the Staff should provide, the Staff has contacted USGS and provided the questions propounded in ALAB-598.
USGS has orally informed the Staff that it does not have any input to submit to the Appeal Board directly in this case and, further, that its previous testimony is not affected.
USGS intends to confirm this to us by letter, which we will transmit to the Appeal Board.
Consequently, the Staff does not believe any further action by this Board with regard to USGS is warranted.
Respectfully submitted, William J.
Olmstead Counsel for HRC Staff Oated at Bethesda, Maryland
Hr. 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 Honica Boulevard Los Angeles, California 90067 Arthur C. Gehr, Esq.
Snell
& Milmer 3100 Yalley Center Phoenix, Arizona 85073 Paul C. Yalentine, Esq.
321 Lytton Avenue Palo Alto, California 94302 Yale I. Jones, Esq.
100 Yan Ness Avenue 19th Floor San Francisco, California 94102 Janice E. Kerr, Esq.
Lawrence g. Garcia, Esq.
350 HcAllister Street San Francisco, California 94102 Nr.
James
- 0. Schuyler Nuclear Projects Engineer Pacific Gas
& 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, 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 Bal dwin, Esq.
124 Spear Street San Francisco, California 94105 Herbert H. Brown Hill, Christopher
& Phillips, P.C.
1900 M Street, N.M.
Mashington, 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 Mashington, D.C.
20555
+Atomic Safety and Licensing Board Panel U:S. Nuclear Regulatory Comnission Mashington, D.C.
20555 "Secretary U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing
& Service Br.
Mashington, D.C.
20555 Edward G. Ketche Counsel for NRC Staff