ML20010F450
| ML20010F450 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/08/1981 |
| From: | Bradley Jones NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | CALIFORNIA, STATE OF |
| References | |
| ISSUANCES-OL, NUDOCS 8109100220 | |
| Download: ML20010F450 (5) | |
Text
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t 09/08/81 UNITED STATES OF AMERICA
[6 u.s, P O 91981 m
,+3 HUCLEAR REGULATORY COMMISSION 3 3E T
BEFORE THE ATOMIC SAFETY AND LICEllSING BOARD p
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In the Matter of
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,m PACIFIC GAS AIID ELECTRIC COMPANY
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Docket Nos. 50-275 0.L.
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50-323 0.L.
(Diablo Canyon fluclear Power Plant )
Unit flos. 1 and 2)
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liRC STAFF RESPollSE TO GOVERNOR BROWN'S FIRST DOCUMENT REQUEST On August 7,1981, Governor Brown filed a request for documents with the HRC Staff. The Staff is responding and enclosing documents pursuant to that request.
The Staff, however, notes the following with respect to that request.
" Request 1" asks for documents relating to earthquakes or other disasters as they effect the emergency plans at Diablo Canyon or a_ny, n
other power reactor.
The reference to "other disasters" is totally undefined and the scope of the documents requested is, therefore, unascertainable.
The request, therefore, is objectionable in that it fails to describe the category of requested documents with reasonable particularity as required by 10 C.F.R. 9 2.741(c).
The December 16, 1980 NRC request for an analysis of the effects of earthquakes on the Diablo Canyon emergency plan, referenced by Governor Brown, was based on the guidance in NUREG-0654 to consider natural phenomena which might be projected to occur in the plant vicinity.
If this is the
" disaster" Governor Brown is referring to in his request for documents, it would require an extremely burdensome survey of all nuclear power plants to determine if such studies were corducted.
This request is so broad as to 01C9100220 810900 PDR ADOCK 05000275 G
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cover natural phenomena and events which can not reasonably be expected to occur ac Diablo Canyon even though they may be relevant to some other plant.
The staff, therefore, will pro ~ide only those documents directly relating to the effects of natural phenouena on the Diablo Canyon emergency plan.
The Staff objects to Governor Brown's " Request 1" to the exten'.t requests any additional documents.
In addition, under 10 C.F.R. 9 2.740(b)(1) discovery ray be had as to any matter, not privileged, which is relevant to the subject matter involved in the proceeding.
Governor Brown's request covers all power reactors with-out providing any basis showing the relevanpy of the emergency plans at those plants to Diablo Canyon. For this reason the request is objectionable and the Staff is limiting its response to documents discussing or referencing Diablo Canyon.
On August 13, 1981, Governor Brown filed a supplement to his request for document production against the Staff. This supplement requested the HRC Staff to continually update the response to Governor Brown's document request. Discovery against the Staff for production of documents is governed by 10 C.F.R. 9s 2.740 and 2.790.
10 C.F.R. 5 2.740(e) states that; "A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired..." That provision then goes on to list three (3) excep-tions to the general rule that no duty to supplement exists. The NRC Staff will follow 10 C.F.R. 5 2.740(e) as it applies to supplementing discovery respanses. The Staff will also continue to maintain documents in the public doculaent rooms. To the extent Governor Brown's supplement requests the Staff to take actions beyond section 2.740(e), the Staff cojects to that request.
Subject to the above objections, all documents which the Staff has located, not already in Governor Brown's possession or control, which meet tne Governor's first set of document requests will be voluntarily provided to Governor Brown'.
Respectfully subraitted, h.
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Bradley W.
es Counsel for NRC Staff Dated et Bethesda, Maryland this 8th day of September, 1981 a
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s UNITED S1ATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket Nos. 50-275 0.L.
50-323 0.L.
(Diablo Canyon Nuclear Power Plant Unit Nos. 1 and 2 CERTIFICATE OF SERVICE I hereby certify th.it copies of "NRC STAFF RESPONSE TO GOVERNOR BROWN'S FIRST UUCUMdHT REQUEST" in the above-captionea proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commis-sion's internal mail system, this 8th day of September,1981:
John F. Wolf, Esq., Chairman Richard E. Blankenburg Administrative Judge Co-publisher Atomic Safety and Licensing Board Wayne A. Soroyan, News Recyter U.S. Nuclear Regulatory Commission South County Publishing Company Washington, D.C.
20555
- P.O. Box 460 Arroyo Grande, California 93420 Glenn 0. Bright, Esq.
Administrative Judge Marjorie Nordlinger Atomic Safety and Licensing Board Office of the General Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.1 20555
- Washington, D.C.
20555
- Dr. Jerry Kline Mr. Gordon Silver Administrative Judge Mrs. Sandra A. Silver Atomic Safety and Licensing Board 1760 Alisal Street U.S. Nuclear Regulatory Commission San Luis Obispo, California 93401 Washington, D.C.
20555
- Arthur C. Gehr, Esq.
Elizat,ath Apfelberg Snell & Wilmer 1415 Cozadero 3100 Valley Center San Luis Obispo, California 93401 Phoenix, Arizona 95073 Philip A. Crane, Jr., Esq.
Pau) C. Valentine, Esq.
Pacific Gas and Electric Company 321 Lytton Avenue P.O. Box 7442 Palo Alto, California 94302 San Francisco, California 94120 Bruce Norton, Esq.
Mr. Frederick Eissler 3216 North 3rd Street Scenic Shoreline Preservation Suite 202 Conference, Inc..
Phoenix, Arizona 85012 4623 More Mesa Drive Santa Barbara, California 93105 Andrew Baldwin, Esq.
124 Spear Street Mrs. Raye Fleming San Francisco, California 94105 l
1920 Mattie Road Shell Beach, California 93449 l
4.
John R. Phillips, Esq.
Atomic Safety and Licensing Appeal Simon Klevansky, Esq.
Panel Margaret Blodgett, Esq.
U.S. Nuclev Regulatory Commission Marion P. Johnston, Esq.
Washington, D.C.
20555
- Joel Reynolds, Esq.
Center for Law in the Public Atomic Safety and Licensing Board Interest Panel 10203 Santa Monica Boulevard U.S. Nuclear Regulatory Commission Los Angeles, California 90067 Washington, D.C.
20555
- Byron S. Georgiou Docketing and Service Section Legal Affairs Secretary U.S. Nuclear Regulatory Commission Governor's Office Washington, D.C.
20555
- State Capitol Sacramento, California 95814 Mark Gottlieb California Energy Commission David S. Fleischaker, Esq.
MS-18 P.O. Box 1178 1111 Howe Avenue Oklahoma City, Oklahoma 73101 Sacramento, California 95825 Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K San Jose, California 95125 John Marrs, Managing Editor San Luis Obispo County Telegram-Tribune 1321 Johnson Avenue P.O. Bcx 112 San Luis Obispo, California 93406 Herbert H. Brown Hill, Christopher & Phillips, P.C.
1900 M Street, N.W..
Washington, D.C.
20036 Harry M. Willis Seymour & Willis 601 California St., Suite 2100 San Francisco, California 94108 Janice E. Kerr, Esq.
Lawrence Q. Carcia, Esq.
1 350 McAllister Street San Francisco, California 94102 Mr. James 0. Schuyler
' Brbl o p2 Nuclear Projects Engineer Coun orJdC Staff Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106
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