ML20005C029
| ML20005C029 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/09/1981 |
| From: | Crane P PACIFIC GAS & ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20005C030 | List: |
| References | |
| NUDOCS 8111180295 | |
| Download: ML20005C029 (4) | |
Text
UNXTED STATES OF AMERICA NUCLEAR REGUIEIORY COS11SSION DOCKETED USHRC BEFDRE THE A'IOtIC SAFM AND LICENSING BOARD _
'81 El12 P558
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In the Matter of
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PACIFIC GAS AND ELECTRIC CO.!PANY )
Docket No. 50-275
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Docket No. 50-323 Diablo Canyon Nuclear Power Plant )
(Full Power Proceeding)' h
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Units No. 1 and 2
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RESPONSE OF PACIFIC GAS AND ELECIRIC 0]MP
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'IO JOINT INTERVENORS' REVISED CDNTENTION ON (J NYl "/ yg I
ENVIROMiENTAL QUALIFICATION OF SAFFIY-RELATED ELECIRICAL EQUIPMENT
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In a pleading dated October 23, 1981 Joint Interveno proposed contention concerning environmental qualification of safety-For the reasons set forth balow the related electrical equipnent.
proposed contention should be rejected.
-., x The Board has already denied a contention practically 1.
identical to the one here under review.
The proposed contention is merely a rehash of Contention 14 in the Joint Intervenors' Statermnt of Clarified Contentions dated June 30, In an Order dated August 4, 1981 the Board denied that contention.
1981.
"The Board agrees in part with the sentiments It is obvious expressed by the Joint Intervenors.
that as of June 10, 1981 not all Diablo Canyon electrical equipnent had been fully qualified.
The Board, however, expects that Diablo Canyon will not be permitted to operate until the safety-related electrical equipnent has bw n qualified in accordance with the mandates of the various general design criteria, as required by regulation.
Having said this, the Board does not see herein a litigable issue set forth. This part of the contention is therefore denied."
(Order at 8)
The same rationale applies to the contention now proposed by Joint Intervenors and it likewise should be denied.
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DR ADOCK 05000323; 1
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2.
The proposed contention goes bevond the scope of the Board's order.
The Board's August 4 order contained the following paragraph:
" Joint Intervenors also contend that the Staff has failed to determine that environmental qualification of Class IE electrical equipnent for full-power operation is adequate, and that the Staff has not detemined the adequacy of the radiation qualification of safety-related equipnent. Joint Intervenors are quite correct in this assertion. The Staff has stated (SER, Supp.13, p. 7-1; SER, Supp.14, p.
F8) that the Staff evaluation of these tratters will be presented in a following SER supplanent.
"he roard, therefore, will allow Joint Intervenors, if they so desim, to file a contention on these matters setting forth specific areas of inadecuacy in the Staff's evaluation to be contained in a forthecrning SER sunplenent. The contention will be due fifteen days af ter service of the SER supplanent."
(Order at 8; anphasis added)
Frcrn this language it is obvious that the gravamen of the contention is the adequacy of the Staff's evaluation as set forth in the SER supplenent (No. 15).'
Joint Intervenors completdly*1gnore this subject except for the concluding sentence in the contention, which merely states a conclusion
. IL unsupported by facts.
~ 'he Comission has accroved use of NUPE-0588 and RiandE
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T has ccrrnitted to complying with hTPE-0588.
Sinc EdE has comitted to ccanplying with the Conmission-approved (CLI-80-21) NUPE-0588 it has met all applicable regulator,/
requj renents. Joint Intervenors' attenpt to require more of PGandE must be/ denied.
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4.
The Staff's envirorrnental qualification evaluation was l
l ccrnplete and adeauate.
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SER Supplanent 15 clearly indicates that the Staff's environmental qualification evaluation was complete and adequate. At page B-4 the 2
k document indicates the Staff has perfonned two audits of PGandE's environmental
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qualification program. The first audit consisted of a review of 30% of L
PGandE's equipment, and the second audit consisted of a review of 100%
of PGandE's equipnent. Thus, all RiandE's equignent has been reviewed.
The adequacy of the Staff's evaluation is clearly confinned by reviewing
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the other portions of the SER supplanent. There is no deficiency in the Staff evaluation which could be r:nde the subject of a valid contention.
5.
Joint Intervenors have not complied with the requirenents for a late-filed contention or for reopening the record.
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Joint Intervenors have attenpted to advance a contention beyond the scope of the Board's order.
In doing so they are attenpting to advance a late filed contention or to reopen a closed hearing record. The issues they attenpt to raise now could have been 4
handled h ing the 1978-1979 hearings and in some cases, such as aging, The Commission's kuirenents for late filed contentions and they were.
reopening closed records are well-recognized and have been cited on a number of occasions in these proceedings. Thus, they will not be repeated here (10 CFR 2.714(a) (1); In the Matter of Pacific Gas and Electric Canoany
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(Diablo Canyon Nuclear ~ Power Plant) 13 NRC 361, April 1, 1981).
PGandE submits that any one of these five arguments is sufficient to deny the Joint Intervenors's pmposed contention.
As a sixth ground
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l for such a denial PGandE submits the attached affidavits of Gary H.
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Moore, Warren H. Fujimoto and Charles O. Coffer who address the arguments l
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advanced by Joint Intervenors in support'of their invalid contention.
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l Respectfully submitted, A
MALCout H. FURBUSH PHILIP A. CRANE, JR.
RICHARD F. II)O2 Pacific Gas and Electric Company P. O. Box 7442 San Francisco, California 94120 (415) 781-4211 ARTHUR C. GEHR L
Snell & Wilmer 3100 Valley Bank Center i
Phoenix, Arizona (602) 251-7288 i
BRUCE NORION Norton, Burke, Berry & French, P. C.
3216 N. Third Street Suite 300 Phoenix, Arizona 85012-2699 l
(602) 264-0033 s
Att rney or Pa if as a, El tr ny By f
Philip ' l'rane, Jr I
DATED: November 9, 1981 MMem4 mH@
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