ML19322A142
| ML19322A142 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/05/1978 |
| From: | Crane P, Morrissey J, Norton B NORTON, BURKE, BERRY & FRENCH, PACIFIC GAS & ELECTRIC CO. |
| To: | |
| References | |
| NUDOCS 7901030043 | |
| Download: ML19322A142 (6) | |
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V UNITED STATES OF Ah! ERICA s, i rf NUCLEAR REGULATORY C0milSSION BEFORE THE ATOMIC SAFETY AND LICEUSING BOARD In the Matter of
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Docket Nos. 50-275 0.L.
PACIFIC GAS AND ELECTRIC C0!!PANY
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50-323 0.L.
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(Diablo Canyon Nuclear Power
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Plant, Uni.ts No. 1 and 2)
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PACIFIC GAS AND ELECTRIC C0!!PANY'S RESPONSE TO INTERVENOR'S PETITION FOR DIRECTED CERTIFICATION FOR REVIEW OF
' RECONSIDERATION OF BOARD'S ORDER OF SEPTEMBER 5, 1978' RELATING TO QUALIFICATION OF SECURITY EXPERT 4
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HISTORY Intervenors, under date of November 20, 1978, have again 4
petitioned this Board for direct certification of the Atomic Safety and Licensing Board's reconsideration of that Board's Order of September 5, 1978.
ThisBoardhadrecentlyissuedkLAB-504which remanded to the Board for reconsideration their Order of September 5, 1978.
The basic premise for this Board's ruling was that the parties were entitled to a detailed explanation as to why the Board felt Mr. Comey was not qualified to review the Applicant's security plan.
On November 3, 1978, the Atomic Safety and Licensing Board issued its reconsideration which, intervenor's immediate petition notwithstanding, details the Board's' position.
While Intervenor complains that the reconsideration does not follow this Board's previous orders, it is in fact the conclusion of the Board with which Intervenor disagrees.
II.
NO BASIS FOR GRANTING CERTIFICATION On October 13, 1978, Applicant filed a brief in response to Intervenor's original Petition for Direct Certification and Appeal from the Licensing Board's Order of September 5, 1978.
Pages 1 through 11 of that brief discuss in full the Applicant's legal and factual arguments as to why certification was not i
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appropriate in that instance.
As the only events which have l
occurred since that time are this Board's determination in l
ALAB-504:and the Licensing Board's reconsideration of November 3, I
t 1978, Applicant will not repeat that argument here but simply incorporate it by reference as though set forth in full.
The Intervenors are not without an adequate remedy through normal appellate procedures of the Nuclear Regulatory Commission.
If indeed the Intervenors should ultimately be ruled correct in their argument that Mr. Comey is qualified to review the security plan, then the matter can be reopened.for that limited purpose.
At this very moment the final safety hearings are in process and to suspend them, or any part of them, would lead to severe prejudice to the Applicant.
III.
EVEN IF CERTIFICATION SHOULD BE GRANTED, NO BASIS EXISTS FOR REVERSAL OF BOARD'S RECONSIDERATION Again, nothing new as respects Mr. Comey's qualif,1 cations, or lack thereof, has been added to the record before this Board since it previously considered the question other than the Licensing Board's reconsideration of November 3.
For that reason, Applicant incorporates herein by reference pages 12 through 16 of their brief before this Board of October 13, 1978.
No showing has yet been made that Mr. Comey is qualified to review the plan.
IV.
CONCLUSION The Atomic Safety and LYcensing Board has determined on the basis of'the evidence before it that Mr. Comey is not qualified to review Applicant's security plan.
That decision is I
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t within the sound discretion of that Board and should not be over-turned by this Board.
No basis for certification or reversal exists.
It is therefore respectfully requested that this Board deny Intervenor's present petition or, in the alternative, affirm the Licensing Board's finding that Mr. Comey is not qualified to act as an expert witness in this matter.
In any event, Applicant strongly urges that no portion of these proceedings should be suspended as such a course is not necessary to protect the rights of Intervenor and would only work a prejudice on the Applicant in the licensing of Diablo Canyon, Units 1 and 2.
Respectfully submitted, JOHN C. MORRISSEY MALCOLM H. FURBUSH PHILIP A. CRANE, JR.
Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106 (415) 781-4211 ARTHUR C. GEHR Snell & Wilmer 3100 Valley Center Phoenix, Arizona 85073 (602) 257-7288 BRUCE NORTON 3216 N. Third Street Suite 202 Phoenix, Arizona 85012 (602) 264-0033 Attorneys for Pacific Gas and Electric Company By_
N Bruce Norton DATED:
December 5, 1978.
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UNITED STATES OF AMERICA NUCLEAR REGULA g OMMISSION BEFORETHEATOMICji[FETY,AND
)DENSINGBOARD S *@)
In the Matter of C
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CI Docket Nos. 50-275 0.L.
PACIFIC GAS AND ELECTRIC CO- \\NXjd0dj$Wljf 4
50-323 0.L.
ev (Diablo Canyon Nuclear Power Plant, Units No. 1 and 2) 4 f
CERTIFICATE OF SERVICE I hereby certify that copies of " PACIFIC GAS AND ELECTRIC COMPANY'S RESPONSE TO INTERVENOR'S PETITION FOR DIRECTED CERTIFICA-TION FOR REVIEW OF ' RECONSIDERATION OF BOARD'S ORDER OF SEPTEMBER 5, 1978' RELATING TO QUALIFICATION OF SECURITY EXPERT", dated December 5, 1978, have been served on the following by deposit in the United States mail, this 5th day of December, 1978:
Mrs. Elizabeth Apfelberg John R. Phillips, Esq.
1415 Cazadero Simon Klevansky, Esq.
San Luis Obispo, CA 93401 Margaret Blodgett, Esq.
Center for Law in the Public Mrs. Raye Fleming Interest 1920 Mattie Road 10203 Santa Monica Drive Shell Beach, CA 93449 Los Angeles, CA 90067 Mr. Frederick Eissler Janice E. Kerr (Ms.)
Scenic Shoreline Preservation Lawrence Q. Garcia, Esq.
Conference, Inc.
California Public Utilities Comm'n
^623 More Mesa Drive 5246 State Building Santa Barbara, CA 93105 350 McAllister Street San Francisco, CA 94102 Mrs. Sandra A.
Silver 1792 Conejo Avenue Atomic Safety and Licensing
. San Luis Obispo, CA 93401 Board Panel U.
S. Nuclear Regulatory Comm'n Mr. Gordon Silver Washington, D.C.
20555 1792 Conejo Avenue San Luis Obispo, CA 93401 Atomic Safety and Licensing Appeal Panel Paul C. Valentine, Esq.
U. S. Nuclear Regulatory Comm'n 321 Lytton Avenue Washington, D.C.
20555 Palo Alto, CA 94302 Docketing and Service Section Yale I. Jones, Esq.
Office of the Secretary 100 Van Ness Avenue U. S. Nuclear Regulatory Comm'n j
19th Floor Washington, D.C.
20535 l
San Francisco, CA 94102 l
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Copies were hand-served on the following this 5th day of December, 1978:
Elizabeth S. Bowers, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comm'n Washington, D.C.
20555 Mr. Glenn O. Bright
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Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Comm'n Washington, D.G.
20555 i
Dr. William E. Martin Senior Ecologist Battelle Memorial Institute Columbus, OH 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.
,0ffice of Executive Legal Director BETH 042 U. S. Nuclear Regulatory Comm'n Washington, D.C.
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