ML20010C878
| ML20010C878 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 08/17/1981 |
| From: | Casey S ORRICK, HERRINGTON & SUTCLIFFE, SAN DIEGO GAS & ELECTRIC CO., SOUTHERN CALIFORNIA EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20010C875 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8108210157 | |
| Download: ML20010C878 (5) | |
Text
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1 DAVID R. pit 7TT l
2 EDWARD B. ROGIN l
2 SAMUEL B. CASEY JOHN A. MENDEZ 3 Of ORRICK, HERRINGTON & SUTCLIFFE A Professional Corporation 4
600 Montgomery Street San Francisco, CA 94111 5
Telephone:
(415) 392-1122 6 CHARLES R. KOCHER JAME3 A. BEOLETTO 7
SOUTHERN CALIFORNIA EDISON COMPANY P.O. Box 800 8
2244 Walnut Grove Avenue Rosemead, CA 91770 Telephone:
(213) 572-1900 10 Attorneys for Applicants, Southern California Edison Company and San Diego Gas & Electric Company 12 13 UNITED STATES OF AMERICA i<
NOCLEAR REGULATORY COMMISSION 15 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 16 j
1,7 In the Matter of
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18 SOUTHERN CALIFORNIA
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Docket Nos:
50-361 OL 0-362 OL (San Onofre Nuclear Generating
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20 Station, Units 2 and 3).
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICANTS' JOINT APPLICATION FOR 23 ISSUANCE OF SUBPOENAS TO TESTJ OY TO 24 SPECIFIED REPRESENTATIVES OF THE CALIFORNIA HIGHWAY PATROL (BORDER DIVISION) 73 AND Tile CALIFORNIA DEPARTMENT OF TRANSPORTATION (DISTRICT 7) 26 9108210157 810817
?DR ADOCK 05000361' C
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2 THE PRESIDING OFFICER IS AUTHORIZED TO ISSUE A SUBPOENA TO TESTIFY UPON A 3
SHOWING OF GENERAL RELEVANCY.
4 Section 161(c) of the Atomic Energy Act of 1954, as 5 amended, in pertinent part authorizes the Nuclear Regulatory 6 Commission "by subpoena te require any person to appear and 7 testify.
at any designated place."
42 U.S.C. S 2201(c).
8 The only limitation on this authority contained in the 9 Commission's regulations, is the discretion of the presiding 10 officer to " require a showing of general relevance of the 11 testimony or evidence sought."
10 C.F.R. S 2.720 (a).
The l
12 - presiding officer may " withhold the subpoena if such a showing i
j 13 is not made, but he shall not attempt to determine the i
l 14 admissibility of the evidence."
10 C.F.R. S 2.720 (a).
In 15 fact, "the Commission's Rules of Practice preclude a 16 [ presiding officer] from declining to issue a subpoena on any f
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basis other than that of a lack of ' general relevance' of the I
18 testimony sought."
Public Service Co. of New Hampshi;d I9 (Scabrook), ALAB-4 22, 6 NRC 33, 93 (1977).
The general 20 relevancy standard is satisfied unless it is " palpable that 21 the" evidence sought can have no possible bearing upon the 22 issues."
Commonwealth Edison CompLnv (Zion), ALAB-196, 7 AEC 23 457, 462 (1974).
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II.
7 OFFSITE ASSISTANCE AGENCY TESTIMONY IS RELEVANT TO THE ISSUES IN CONTENTION.
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Emergency Planning Contention No. 1 currently
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4 admitted for purposes of the hearing herein generally requires j
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6 Applicants to put forth evidence on the capability of j
7 involved offsite assistance agencies to evacuate or otherwise 8 adequately protect the offsite transient and permanent population 9 within the plume exposure pathway emergency planning zone for 10 San Onofre Nuclear Generating Scation (" SONGS") in the event of a radiological emergency at SONGS 2 and 3 with potential or 13 i
12 actual offsite consequences.
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13 In this regard, the testimony of the persons l
ja representing the involved offsite assistance agencies listed 4
15 in the accompanying " Joint Application for Issuance of' 16 Subpoenas etc." 1s particularly relevant in that each of these
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j 17 persons is directly responsible for traffic management assistance
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18 in support of such an evacuation and can be expected to present 19 testimony on the current status and ongoing plans for improvement 70 of evacuation planning and preparedness for SONGS 2 and 3, as 21 it relates to the issues currently in contention.
This
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testimony will significantly aid and assist this Board in the 73 development of a sound decisional record on the capability of j
24 the involved offsite assistance agencies to protect the public l
?s health and. safety in the event of an emergency at SONGS 2 and 3 26 requiring offsite evacuation.
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ALL OTilER PROCEDURAL PREREQUISITES FOR ISSUANCE OF A SUBPOENA ARE SATISFIED.
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Notice procedures are generally satisfied by service 5 of the subpoena application upon the Board and the witness to 4 be subpoenaed ten (10) days in advance of the hearing.
See 7 Commonwealth Edison Co.,
supra, 7 AEC, at 472; with notice of 8 service of the subpoena itself being given within five (5) days 9 of the time for the witnesses' appearance.
See Public Service 10 Company of Oklahoma (Black Fox), LBP-77-18, 5 NRC 671, 674 (1977).
11 The only other requirements for valid issuance of a Commission 17 subpoena are tendering the fees specified in 28 U.S..C.
S 1821 13 upon proper personal service of the subpoena,,10 C.F.R. 14 SS 2.720(a) and (d), and satisfying the formal requirements 1.
for subpoenas set forth in 10 C.F.R. 5 2.720 (b).
15 16 Applicants have attached two proposed subpoenas 17 which satisfy these formal requirements.
Notice requirements 18 are timely met by service of the accompanying joint application 19 on the persons listed therein and notice of and issuance of the 70 subpoena to said persons.
Upon issuance of the subpoenas,
?! Applicants will take all necessary steps to have the subpoenas 22 duly served upon said persons, along with the required 23 statutory fees, and thereafter reF.urned with proof or 24 acknowledgment of service to the Secretary of the Commission.
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10 C.F.R. S 2.270 (c).
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1 CC"CLUSION 2
Based on the foregoing points and authorities, 3 Applicants repsectfully request execution and issuance of the 4 attached subpoenas to the persons listed in the accompanying 5 joint application and return to Applicants for purposes of 6 personally serving the subpoenas on said persons.
7 Dated:
August 17, 1981.
8 DAVID R.
PIGOTP EDWARD B.
ROGIN 9
SAMUEL B.
CASEY JOHN A.
MENDEZ 10 Of ORRICK, HERRINGTON & SUTCLIFFE A Professional Corporation 12 CHARLES R.
KOCHER JAMES A.
BEOLETTO 13 SOUTHERN CALIFORNIA EDISON COMPANY 14 SAMtJEL B. CASEY 15 BY Samuel B. Casey 16 One of Counsel for Applicants Southern California Edison Company 17 and San Diego Gas & Electric Company 18 19 20 21 22 23 24 25 26 5
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