ML20010C281
| ML20010C281 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/14/1981 |
| From: | Brown H CALIFORNIA, STATE OF, HILL, CHRISTOPHER & PHILLIPS |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-OL, NUDOCS 8108190311 | |
| Download: ML20010C281 (5) | |
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UNITED STATES OF AMERICA 4
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NUCLEAR REGULATORY COMMISSION P
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.J V In the Matter of
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Docket Nos. 50-275 O.L.
PACIFIC GAS AND ELECTRIC COMPANY
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50-323 O.L.
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(Diablo Canyon Nuclear Power Plant,
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(Security Proc Units 1 and 2)
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RESPONSE OF GOVERNOR EDMUND G. BROWN JR. TO t-
" MOTIONS OF INTERVENORS, SAN LUIS OBISPO MOTHERS FOR h CE h TO AUGMENT THE RECORD IN THE SECURITY PROCEEDIN OF A SECURITY OCCURRENCE; AND FOR LEAVE TO TAKE DEPOSITIDMS OF f
NRC STAFF PERSONNEL AND APPLICANT, PACIFIC GAS AND ELECTRZ'$
On July 31, 1981, Joint Intervenors moved this Board to augment the record and r) permit depositions to investigate a reported breakdown in security at the Diablo Canyon facility.
The security breakdown involved the recent failure of PG&E guards to discover a pistol in the possession of NRC inspectors.
Governor Brown submits this response in support of Joint Inter-I venors' Motion.
The security breakdown, reported in a July 23, 1981 Board Notificaticn, has obvious relevance to the pending Diablo Canyon security proceeding.
Under the regulations, PG&E's physical pro-tection system and organization must provide "high assurance" that the licensed activities can be carried out without unreason-able risk to the public health and safety or to the common de-fense and security.
10 C.F.R. S 73.55 (a).
The reported failure to detect a pistol would seemingly preclude such a "high assurance" finding, because that fa1. lure evidences inadequate equipment or ggo) 3 personnel, or both.
At a minimum, this breakdown of security.
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8108190311 010813 PDR ADOCK 05000275 G
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raises a material issue concerning the adequacy of the PG&E security system that merits prompt investigation.
Without question, there is a need for the Board to look into this matter on the record and then to decide, with the proper participation of the parties, what further action or findings are appropriate.
Surely, there is no basis for the Board to fail to confront this c
significant matter, because the Board not only has the proper Motion of the Joint Intervenors before it, but the Board also has r
sua sponte responsibilities of its own under Section 2'.760a of the Regulations.
Thus, even if the Board were for some reason not to grant the Joint Intervenors' irstant Motion, the Board would be independently required to inquire into the subject secu-rity breakdown.
Governcr Brown believes Joint Intervenors' Motion presents a reasonable and efficient means to investigate this security matter.
Thus, the Board should augment the record with the Board Notifica-tion and direct prompt investigation by depositions to determine the relevant facts.1/
While the Staff may be satisfied that PGSE has resolved this matter satisfactorily,2/ the fact is that the Staff is only one party in this contested proceeding.
The Joint Intervenors and the Go73rnor have rights to seek the facts they b!
The Board may wish to orde_r that the depositions be held before the Board so that it will have first-hand knowledge regarding this incident. 'Such a procedure could allow swifter completion of tne investigation.
See Board Notification.
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deem necessary to determine whether they are satisfied.
These parties also have the right to inform the Board of their views after obtaining such facts, just as the Staff has done in its Board Notification.
Governor Drown urges the Board to grant Joint Intervenors' Motion and to set a schedule for depositions and any pleadings that the Board may further desire.
Respectfully submitted, Byron S. Georgiou Legal Affairs Secretary Governor's Office State Capitol Sacramento, California 95814 N_
Merbert H.
Brown Lawrence Coe Lanpher HILL, CHRISTOPHER AND PHILLIPS, P. C.
1900 M Street, N. W.
Washington, D.
C.
20036 August 14, 1981 Attorneys for Governor Brown of the State of California
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UNITED STATES.0F AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENS'.NG APPEAL BOARD
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In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket Nos. 50-275 0.L.
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50-323 O.L.
(Diablo Canyon Nuclear Power Plant, )
Units 1 and 2)
)
(Security Proceeding)
)
CERTIFICATE OF SERVICE I hereby certify that the " RESPONSE OF GOVERNOR EDMUND G.
BROWN JR. TO ' MOTIONS OF INTERVENORS, SAN LUIS OBISPO MOTHERS FOR PEACE, TO AUGMENT THE RECORD IN THE SECURITY PROCEEDING WITH A REPORT OF A SECURITY OCCURRENCE; AND FOR LEAVE TO TAKE DEPOSI-TIONS OF NRC STAFF PERSONNEL AND APPLICANT, PACIFIC GAS AND ELECTRIC.CO." was served upon the following by first class mail, on August 14, 1981.
Richard S.
Salzman, Esq., Chairman X's ;Qh('
Atomic Safety and Licensing Appeal Board
,7 U.
S.
Nuclear Regulatory Commission Nashington, D.
C.
20555 33/
N
'47 Dr. W.
Reed Johnson
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Atomic Safety and Licensing Appeal Board
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3 U.
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Nuclear Regulatory Commission
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Washington, D.
C.
20555
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'}4h sp Mr. Thomas S. Moore, Member
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b Atomic Safety and Licensing Appeal Board IJ'T} d
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Nuclear Regulatory Commission Washington, D.
C.
20555 William J.
Olmstead, Esq.
Executive Legal Director's Office U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555 Mr. Harry M. Willis 601 California Street - Suite 2100 San Francisco, California 94kO8 Bruce Norton, Esq.
3126 North Third Street - Suite 300 Phoenix, Arizona 85012 e.
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Secretary U. S.. Nuclear Regulatory Commission Washington, D. C.
20555 Attention:- Docketing and. Service Section
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Herbert H.
Brown-August 14, 1981
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