ML17095A373
| ML17095A373 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/02/1980 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), PACIFIC GAS & ELECTRIC CO. |
| References | |
| ISSUANCES-OL, NUDOCS 8010030452 | |
| Download: ML17095A373 (18) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'ATOMIC S'AFETY 'AND I,ICENS'ING BOARD Elizabeth
'S..Bowe'r's, Chai'rman Glenn O.
'Bright,'ember'illiam E.'artin, Member Og~
~~Ac gg In the Matter'f
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
)
(Diablo Canyon Nuclear Power Plant
)
Units 1 and 2)
)
Docket Nos October 2,
0 50-275 6L) 0-323 (OLPg~~o 1980 ORDER RELATIVE TO PGandE.'s MOTION FOR LOW POWER TESTING The Board is in receipt of the filings requested from the parties by its order of August 14, 1980.
We agree with the Staff that while the PGandE motion could have been more comprehensive, it does meet the minimal requirements to commence the proceeding.
We also agree with the Staff that the Licensing Board need not wait until the Appeal Boards have issued their decisions on the security and seismic issues before proceeding with preliminary matters as well as the hearing on fuel loading and low power testing.
The Staff has correctly identified the issues to be t
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considered and we concur with the Staff 's suggestion to defer considering Class 9 accidents until the Appeal Board reaches a conclusion on the seismic issue.
fy/ $8381~
The 'Staff tentatively suggested a sche'dule which we
'elieve would not allow.'an order'ly process.
We 'have determined that contentions relative to fuel loading and low power'esting should be filed by October'7, 1980.
We will expect the 'Staff and PGandE to respond to any contention.
We will then consider if.a prehearing conference 'is appropriate.
Subsequent scheduling will be considered at that time.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated at Bethesda, Maryland this 2nd day of October 1980.
E i et S.
- Bowers, C airman
a H
W.. UNITED STATES OP,~KICK, NUCLEAR REGULATORY. COMMISSION K
In the Matter of
. PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon, Units 1 and 2)
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)
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Docket No.(s) 50-2750L
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50-3230L
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CERTIFICATE '07 SERVICE I hereby certify that I have this day served the foregoing document(s) upon
,each person designated on the official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2 Rules of Practice, of the Nuclear Regulatory ComaxLssion's Rules and Regulations.
Dated at'ashington, D.C. this day of 1988
~
Officdf the Secretary of the ommission
UNITZJ) STATES OF ~~~ICA NUCLIDE RE%:.&TORY CO'~'ISS'ION
~~ the Hatter o
PACIFIC GAS AND ELECTRIC COMPANY
( Diablo Canyon, Units 1 and 2)
D""%et No (s) 50 275 50-323 SERVICE LIST Elizabeth S. Bowers, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Philip A. Crane, Jr.,
Esq.
Pacific Gas 6 Electric Company 77 Beale Street, Room 3127 San Francisco, California 94106 Mr. Glenn O. Bright Atomic Safety and Licensing Board U.S.'uclear Regulatory Commission Washington, D.C.
20555 Dr. William E. Hartin Senior Ecologist Battelle Memorial Institute
- Columbus, Ohio 43201 Richard S.
- Salzman, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory'ommission Washington, D.C.
20555 Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Thomas S.
- Moore, Esq.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Counsel for NRC Staff Office of the Executive Legal Director
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U.S. Nuclear Regulatory Commission Washington, D.C.
20555+
Janice E. Kerr, Esq.
California Public Utilities Commission 5246 State Building San Francisco, California 94102 Hrs.
Raye Fleming 1920:fattie Road Shell Beach, California 93440 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, California 93105 Mrs. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Mr. Gordon A. Silver 1760 Alisal Street
'an Luis Obispo, California 93401 Mrs. Elizabeth Apfelberg c'/o Hs.
Nancy Culver 182 Luneta Drive San L'uis Obispo, California 93401
Board and arties continued 50-275, -323 Brent Rushforth, Esq.
Stephen M. Kristovich, Esq.
Center for Law in the Public Interest 10203 Santa Monica Drive Los Angeles, California 90067 David F. Fleischaker, Esq.
1735 I Street, N.W., Apt. 709 Washington, D.C.
20006 Arthur C. Gehr, Esq.
Snell
& Wilmer 3100 Valley Center Phoenix, Arizona 85073 Herbert H. Brown, Esq.
Hill, Christopher
& Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 Mr. J. Anthony Klein Governor's Office
'tate Capitol Sacramento, CMifornia'5814 Mr. Carl Neiburger San Luis Obispo Telegram-Tribune P.O.
Box 112 San Luis Obispo, California 93406 Mr. James
- 0. Schuyler Nuclear Prospects Engineer Pacific Gas
& Electric Company 77 Beale Street San Francisco, California 94106 Mr. James Hanchett Public Affairs Officer, Region V U.S. Nuclear Regulatory Commission 1990 N. California Boulevard, Suite 202 Walnut Creek, California 94596 Bruce Norton, Esq.
3216 North Third Street, Suite 202 Phoenix, Arizona 85012 Yw. W. Andrew Baldwin, Esq.
Friends of the Earch 124 Spear San Francisco, California 94105
4 ~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Elizabeth S.
- Bowers, Chairman Glenn 0. Bright, Member Dr." 'Jerry R.'line,;- Member g
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~Rc ee f9@
~<yrgs, PO
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos.
)
(Diablo Canyon Nuclear Power Plant
)
Units 1 and 2)
)
'- November 5, 50-275 (OL) 50-323 (OL) 1980 8
'~o ORDER RELATIVE TO PGandE's MOTION FOR RECONSIDERATION OF
'HE OCTOBER 24, 1980'OARD ORDER Following receipt of requests from Governor Brown and the Joint Intervenors for additional time to file contentions relative to Fuel Loading and Low Power Testing, the Board issued an order on October 24, 1980 extending the time from October 27 to December 3,
1980.
On October 27, 1980 PGandE filed a motion for reconsideration of the Board's order.
The Applicant claimed that the additional time granted was excessive and that since the original schedule could not be re-established, a suitable date would be November 10, 1980.
On October 31, 1980, Governor Brown urged the Board to deny the motion from PGandE.
On November 3, the Washington counsel for the Joint Intervenors and the NRC Staff counsel were called by the secretary to the, Board Chairman and informed if they wished to
respond to the motion, the response should be in the Board's hands by c.o.b.
November 4.
No response was received from the Staff.
Counsel for the Joint Intervenors called early a.m.
November 5 and stated that an emergency had prevented delivery of their response on November 4.
The document was shortly delivered by special messenger.
The Joint Intervenors urged the Board to deny the PGandE motion.
The Joint Intervenors effectively recited the anticipated dates of pending Appeal Board and Commission actions which cancels PGandE's argument that the December 3 filing date would cause a delay in Fuel Loading and Low Power Testing.
They also stated that "fairness" should require us to adhere to the December 3 date.
The Appeal Board's seismic hearing concluded on October 24.
The in camera security hearing commences on November 10..
Preparation for the hearing will be necessary prior to that date.
A schedule was set for the filing of proposed findings on seismic up to December 11.
At the close of the security hearing, a sche-.
dule will be set for proposed findings.
Each party must determine how best its resources can be utilized in the pending matters.
PGandE's argument that Gov'ernor Brown should adjust his resources is not persuasive.
We have determined that it would be beneficial for the parties to meet -to discuss the contentions for Fuel Loading and Low Power Testing and that the filing date of December 3 is real-istic.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated at Bethesda, Maryland this 5th day of November 1980.
E iz et S.
- Bowers, Chairman
(b A
UNITED STATES OF MZ3UCh.
NUCLEAR REGULATORY COMMISSION
,In the Ywtter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon, Units 1 and 2)
)
)
)
Docket No.(s) 50-275OL
).
50-3230L
)
)
)
)
)
CERTIFICATE 'OF SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2 Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
Dated at Washington, D.C. this
~,z >
Office of the Secretary of the Co ssion
lHiITM STATES OF A'.~CA NUCLZH, RZGLW<ZORY CO'.EMISSION In the Matter o PACIFIC GAS AND ELECTRIC COMPANY
( Diablo Canyon, Units 1 and 2)
Docket No.(s) 50 275 50-323 SERVZCE LIST Elizabeth S. Bowers, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 PhKlip A. Crane, Jr.,
Esq.
Pacific Gas 6 Electric Company 77 Beale Street, Room 3127 San Francisco, California 94106
'r.
Glenn 0. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 I
Pichard S.
- Salzman, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatoiy Commission Washington, D.C.
20555 Dr.
W. Reed Johnson Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Thomas S.
- Moore, Esq.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
205554 Janice E. Kerr, Esq.
California Public Utilities Commission 5246 State Building
-San Francisco, California 94102 Mrs. Raye Fleming 1920 Mattie Road Shell Beach, California 93440 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, California 93105 Mrs. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Mr. Gordon A. Silver 1760 Alisal Street San Luis Obispo, California.
93401
'rs'lizabeth Apfelberg c'/o Ms.
Nancy Culver 182 Luneta Drive San L'uis Obispo, California 93401
Board and arties continued 50-275, -323 Brent Rushforth, Esq.
Stephen M. Kristovich, Esq.
Center for Law in the Public Interest 10203 Santa Monica Drive Los Angeles, California 90067 David F. Fleischaker, Esq.
1735 I Street, N.W., Apt. 709 Washington, D.C.
20006 Herbert H. Brown, Esq.
Hill, Christopher
& Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 Mr. J. Anthony Klein Governor's Office State Capitol Sacramento, Ca5.ifornia 95814 Arthur C. Gehr, Esq.
Snell
& Wilmer 3100 Valley Center Phoenix, Arizona 85073 Mr. Carl Neiburger San Luis Obispo Telegram-Tribune P.O.
Box 112 San Luis Obispo, California 93406 Mr. James
- 0. Schuyler Nuclear Projects Engineer Pacific Gas
& Electric Company 77 Beale Street San Francisco, California 94106 Mr. James Hanchett Public Affairs Officer, Region V U.S. Nuclear Regulatory Commission 1990 N. California Boulevard, Suite 202 Walnut Creek, California 94596 Bruce Norton', Esq.
3216 North Third Street, Suite 202 Phoenix, Arizona 85012 Yw. W. Andrew Baldwin, Esq.
Friends of the Earch 124 Spear San Francisco, California 94105