ML19263C639
| ML19263C639 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/19/1979 |
| From: | Jones Y, Valentine P SAN LUIS OBISPO MOTHERS FOR PEACE |
| To: | |
| References | |
| NUDOCS 7902280084 | |
| Download: ML19263C639 (6) | |
Text
'
\\,-
,Q
\\
\\
'GC PGL!C DOCU1ENT R0031 fj
,. o a~
RTi+
UNITED STATES OF AMERICA D
$N
,f NUCLEAR REGULATORY COMMISSION
'3 Before the Atomic Safety and Licensing Board f,,
- II In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket No. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power Plant )
Units 1 and 2
)
)
INTERVENOR'S RESPONSE AS TO PARTICIPATION IN HEARING ON SECURITY PLAN On January 18, 1978, Intervenor SAN LUIS OBISPO MOTHERS FOR PEACE (SLOMFP) filed amended contentions to support allegations that the security plan prepared by PACIFIC GAS AND ELECTRIC COMPANY (PG&E) for the Diablo Canyon Nuclear Power Plant does not comply with the existing NRC regulations.
On August 29, 1977, this Intervenor petitioned the Licensing Board to certify Dr. Douglas L. DeNike as an expert witness for the purpose of discovery of the security plan so that this Intervenor could prepare for cross-examination of staff and applicant witnesses and present affirmative evidence as to plant security; on Novcmber 3, 1977, the 7902280086
Licensing Board ordered that Dr. DeNike was not qualified to serve as Intervenor's expert witness for purposes of discovery.
On February 1, 1978, this Intervenor petitioned the Licensing Board to certify Dr. Bruce L. Welch as an expert witness for the purpose of discovery of the security plan so that this Intervenor could prepare for cross-examination of staff and applicant witnesses and present affirmative evidence as to plant security; on May 11, 1978, the Licensing Board ordered that Dr. Welch was not qualified to serve as Intervenor's expert witness for purposes of discovery.
On March 31, 1978, this Intervenor petitioned the Licensing Board to certify Richard L.
Hubbard as an expert witness for the purpose of discovery of the security plan so that this Intervenor could prepare for cross-examination of staff and applicant witnesses and present affirmative evidence as to plant security; on May 11, 1978, the Licensing Board ordered that Mr. Hubbard was not qualified to serve as Intervenor's expert witness for purposes of discovery.
On May 23, 1978, this Intervenor petitioned the Licensing Board to certify David Dinsmore Comey as an expert witness for the purpose of discovery of the security plan so that this Intervenor could prepare for cross-examination of staff and applicant witnesses and present affirmative evidence as to plant security; on September'5, 1978, the Licensing Board ordered that Mr. Comey was not qualified to serve as Intervenor's expert witness for purposes of discovery.
On September 22, 1978, this Intervenor appealed the Licensing Board's ruling denying Mr. Comey's qualification on the grounds that by denying qualificat. ion of Mr. Comey, the Board had frustrated the guidelines established by the Appeal Board ruling of June 9, 1977, (ALAB-410).
On October 27, 1978, the Licensing Board's ruling was reversed by the Appeal Board and the matter remanded to the Licensing Board.
On November 3, 1978, after reconsideration, the Licensing Board again denied the certification of David Dinsmore Corey as an expert witness for discovery purposes.
This Intervenor then petitioned for direct certification of this ruling, and on December 22, 1978, the Appeal Board denied Intervenor's Petition for Directed Certification of the matter.
On January 5, 1979, David Dinsmore Comey was killed in an automobile accident in the mid-West.
Mr. Comey's death moots the planned appeal by this Intervenor to the Nuclear Regulatory Commis,siog under the provisions of 10 C.F.R. 2.786, of the denial by the Appeal Board of Intervenor's Petition for Directed Certification.
This Intervenor has been denied access to the security plan and has been denied the qualification of expert witnesses to review the plan, either for preparation for cross-examination or the presentation of affirmative evidence as to the inadequacy of the applicant's security plan.
Without the qualification of an expert witness to inspect the plan and advise Intervenor's attorney, it is impossible for this Intervenor to prepare, either for significant cross-examination on the inadequacies of the applicant's security plan or to present affirmative evidence to support Intervenor's contentions.
Therefore, this Intervenor will not be able to participate in the hearings now scheduled for the first week of February as to the adequacy of applicant's security plan.
DATED:
January 19, 1979
\\
h
( PAUL C.
VALENTINE YALE I.
JONES Attorn?ys for Intervenor San I:uis Obispo Mothers for Peace
[ ;.' ' -
He
/
cJ a
/r
- ;fs
%7 O gj.3 Y f
UNITED STATES OF AMERICA i
-4 NUCLEAR REGULATORY COMMISSION "A
b^
&a}M Before the Atomic Safety and Licensina Board
" //
e In the Matter of
)
)
Docket Nos. 50-275 0.L.
PACIFIC GAS AND ELECTRIC COMPANY
)
50-323 0.L.
)
(Diablo Canyon Nuclear Power Plant, )
Units 1 and 2
)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Intervenor's Response as to Participation in Hearing on Security Plan, dated January 19, 1979, has been served on the following by deposit in the United Stated mail, postage prepaid, first class, this 19th day of January, 1979:
Mrs. Elizabeth Apfelberg John R.
Phillips, Esq.
1415 Cozadero Simon Klevansky, Esq.
San Luis Obispo, CA 93401 Margaret Blodgett, Esq.
Center for Law in the Public Interest Mrs. Raye Fleming 10203 Santa Monica Dr.
1920 Mattie Rd.
Los Angeles, CA 90067 Shell Beach, CA 93449 Janice E.
Kerr Mr. Frederick Eissler Lawrence Q. Garcia Scenic Shoreline Preservation California Public Utilities Commission Conference, Inc.
5246 State Building 4623 More Mesa Drive 350 McAllister St.
Santa Barbara, CA 93105 San Franciscc. CA 94102 Mrs. Sandra Silver Atomic Safety and Licensing Board Panel 1792 Conejo Ave.
U.S.
Nuclear Regulatory Commission San Luis Obispo, CA 93401 Washington, D.C.
20555
Docketing and Service Section Office of the Secretsry U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Elizabeth S.
Bowers, Chairman Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn O.
Bright Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Dr. William E.
Martin Senior Ecologist Battelle Memorial Institute Columbus, Ohio 43201 David F.
Fleischaker, Esq.
1025 15th
- Street, N.W.
5th Floor Washington, D.C.
20005
^
James R.
Tourtellotte, Esq.
L.
Dow Davis, Esq.
Richard Goddard, Esq.
Lawrence Brenner, Esq.
Office of Executive Legal Director BETH 042 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Philip A.
Crane, Jr.,
Esq.
Pacific Gas and Electric Company 77 Beale Street, Rm. 3127 San Francisco, CA 94106 Arthur C.
Gehr, Esq.
Snell & Wilmer 3100 Valley Center encenix, Arizona 85073 Bruce Norton, Esq.
3216 North 3rd Street f
ll [e Suite 202 Phoenix, Arizona 85012 Helen J.
onova Secretary for Paul C.
Valentine