ML20010C912

Request for Certification of Questions to Commission. Questions Concern ASLB Requiring Consideration of Emergency Planning Features Re Earthquake in Excess of SSE

ML20010C912
Person / Time
Site:	San Onofre
Issue date:	08/17/1981
From:	Rogin E ORRICK, HERRINGTON & SUTCLIFFE, SAN DIEGO GAS & ELECTRIC CO., SOUTHERN CALIFORNIA EDISON CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20010C913	List: ML20010C912 ML20010C918 ML20010C925
References
ISSUANCES-OL, NUDOCS 8108210210
Download: ML20010C912 (3)

Text

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1 DAVID R. PIGOTT 2

EDWARD B. ROGIN SAMUEL B. CASEY j)'>h ssyxg f4 c g s

of ORRICK, HERRINGTON & SUTCLIFFE f' % a [J ALAN C. WALTNER '

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A Professional Corporation y {Q ' 86 P c; ,7f I

jg 4 600 Montgomery Street kOV -

San Francisco, CA 94111 \ ;,, Je/ J /?

4' 5 Telephone: (415) 392-1122 kgg/ N /gsps' N- '

6 CHARLES R. KOCHER N JAMES A. BEOLETTO ' D 7 SOUTHERN CALIFORNIA EDISON COMPANY P. O. Box 800 gj A 8 2244 Walnut Grove Avenue -

Rosemead, CA 91770 _

9 Telephone: (213) 572-1900 (l- /dJg 7 g jggl p 75 Attorneys for Applicants, $"${f),h3djjtl[' )

10 Southern California Edison Company D' ~y 6/

11 and San Diego Gas & Electric Company j CD 12 13 UNITED STATES OF AMERICA 14 NUCLEAR REGULATORY COMMISSION 15 l BEFORE THE ATOMIC SAFETY aND LICENSING BOARD 16 17 18 In the Matter of )

19 )

SOUTHERN CALIFORNIA ) Docket Nos. 50-361 OL EDISON COMPANY, ET AL., )

50-362 OL 20

)

21 (San Onofre Nuclear )

Generating Station, )

22 Units 2 and 3) )

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23 24 REQUEST FOR CE7.;IFICATION TO THE NUCLEAR REGULATORY

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25 i COMMISSION 1 1

26 81C'3210210 010817 DR ADOCK 05000

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1 Mpplicants Southern California Edison Company and 2 San Diego Gas & Electric Company (" Applicants") hereby 3 request, pursuant to 10 C.F.R. 52.718(1), that this Atomic 4 Safety and Licensing Board (" Board") certify the following 5 questions to the Nuclear Regulatory Commission (" Commission"):

6 Whether the Board has improperly abused its discretion and its sua spante oowers (10 C.F.R. 52.760a) by 7

8 requiring, without factual basis, and in excess of the 9 Commission's regulatory requiremento consideration of 10 emergency planning features following:

11 (1) An earthquake in excess of the Safe Shutdown 12 Earthquake ("SSE") which is assumed, without 13 factual basis, to cause a major radiologica]

14 release and evacuation in the plume exposure 15 pathway of the Emergency Planning Zone 16 ("EPZ"), and/or 17 (2) An earthquake in excess of the SSE which is 18 assumed co occur coincident with a 19 non-earthquake related radiological release 20 requiring evacuation in the plume exposure 21 pathway of the EPZ.

22 This request for certification is made necessary by 23 the Board's " Order, (Modifying an Issue Concerning 24 Earthquakes and Emergency Planning)," dated August 7, 1981.

the 25 The request for certification is based on thin accument, 26 above described Order dated August 7, 1981, Applicants' 2

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1 " Memorandum of Points and Authorities in Support of Request l l

I 2 for Certification to the Nuclear Regulatory Commission" and 3 " Memorandum in Opposition to Issue Raised Sua Sponte by order 4 of August 7, 1981" and the (Proposed) Order Certifying 5 Emergency Planning Contention to the Nuclear Regulatory 6 Commission filed herewith, the record in the above-captioned 7 proceeding and any and all oral or documentary evidence and 8 argument at may be presented.

9 Due to the importance of this issue and the 10 approaching date for the commencement of the hearing, 11 Applicants urge that the Licensing Board consider this 12 Request on an expedited basis and that other parties' replies 13 be required three (3) days after receipt hereof with service 14 by Express Mail or other expedited delivery.

15 Dated. August 17, 1981 16 Respectfully submitted, 17 DAVID R. PIGOTT EDWARD B. ROGIN 18 SAMUEL B. CASEY ALAN C. WALTNER Of ORRI.CK, HERRINGTON & SOTCLIFFE 19 A Professional Corporation 20 CHARLES R. KOCHER 21 JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON 22 COMPANY 23 EDWARD B. ROGIN N By Edward B. Rogin 25 Attorneys for Applicants 26 One of Counsel ~for Applicants Southern California Edison Company and San Diego Gas &

Electric Company 3