ML20010G598
| ML20010G598 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/16/1981 |
| From: | Willis H AFFILIATION NOT ASSIGNED, SAN LUIS OBISPO MOTHERS FOR PEACE |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20010G599 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8109220278 | |
| Download: ML20010G598 (2) | |
Text
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PACIFIC GAS & ELECTRIC COMPANY ))
Docket Nos.
50-275 OL
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50-323 OL (Diablo Canyon Nuclear Power
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Plant, Units 1 and 2)
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(Security Proceeding)
)
MOTIONS OF INTERVENOR, SAN LUIS OBISPO MOTHERS FOR PEACE, TO AUGMENT THE RECORD IN THE SECURITY PROCEEDINGS WITH A REPORT OF A SECURITY OCCURRENCE; AND FOR LEAVE TO TAKE DEPOSITIONS OF NRC STAFF PERSONNEL AND APPLICANT, PACIFIC GAS AND ELECTRIC CO.
On July 24, 1981, Intervenor San Luis Obispo Mothers for Peace filed a motion identical to the instant motion b5 fore the Licensing and Appeal Board presiding over this proceeding.
A copy of that motion is attached to this motion and is incorporated by reference as if set forth here in full.
The motion brought to the attention of the Board a serious breach of the security system at Diablo, and asked the Board to augment the record with an official report of the incident and to grant Intervenors leave to conduct discovery with respect to the incident.
The motion was fully briefed:
Governor Brown supported it, and it was opposed by the applicant and Staff.
Despite the provi-sions of 10 CFR S2.730 (e), however, which require a written motion
[to be] disposed of by overt action and on notice to all parties, the Appeal Board never ruled on this motion.
In addition, so far as counsel can ascertain, ALAB-653 contain) r.o reference to this gg3 motion.
8109220278 810914 PDR ADOCK 05000275 0
Since the Appeal Board has divested itself of jurisdiction of this procesding by rendering its final decision, the motion is now addressed to the Commission.
Intervenor respectfully requests the Ccamission to take one of three alternative courses.
(1)
To grant Intervenor's motion, and to remand the security proceeding to the Appeal Board for disposition consistent with the Commission's ruling; (2)
To postpone the Commission's immediate effectiveness review of the low power test and security decisicns until such time as the Appeal Board has ruled on Intervenor's motion; or (3)
To vacate the Appeal Board's decision in the security and to remand the instant motion to the Appeal Board for decision and. disposition.
Dated:
September 16, 1981 wNN O
Harry M.# Willis l
l Counsel for Intervenor,
(
San Luis Obispo Mothers for Peace i
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.