ML20010G604
| ML20010G604 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/24/1981 |
| From: | Willis H SAN LUIS OBISPO MOTHERS FOR PEACE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20010G599 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8109220293 | |
| Download: ML20010G604 (5) | |
Text
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UNITI:D STATES OF AniERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD
~
Administrative Judges:
Richard S.
Salzman, Chairman Dr. W.
Reed Johnson Thomas S. Moore
)
In the Matter of
)
)
PACIFIC GAS & ELECTRIC COMPANY)
Docket Nos.
50-275 OL
)
50-323 OL l
(Diablo Canyan Nuclear Power
)
Plant, Units 1 and 2)
)
(Security Proceeding)
)
MOTIONS OF INTERVENOR, SAN LUIS OBISPO MOTHERS FOR PEACE, TO AGGMENT THE RECORD IN THE SECURITY PROCEEDINGS WITH A REPORT OF A SECURITi' OCCURRENCE; AND FOR LEAVE TO TAKE DEPOSITIONS OF
(}
l NRC STAFF PERSONNEL AND APPLICANT, PACIFIC GAS AND ELECTRIC CO.
I.
PRELIMINARY STATEMENT.
According to newspaper accounts in the San Francisco Chronicle and the San Luis Obispo Telegram-Tribune, inspectors from the Nuclear Regulatory Commission " sneaked a gun past a Diablo Canyon l
guard's X-ray machine in a test of the nuclear plant's security l
plan" on Wednesday, July 15, 1981.
Report in Telegram-Tribune, l
July 17, 1981.
The test, again according to newspaper accounts, l
involved two NRC ir.spectors who concealed a.22 caliber revolver l
and a.38 caliber automatic pistol in two briefcases.
X-ray examination of the briefcases failed to detect the presence of one of the weapons, and it was apparently admitted into a protected k.
area.
Telegram-Tribune, July 18, 1981.
8109220293 810916 PDR ADOCK 05000275 EXHIBIT A
e.
A memorandum dated July 23, 1981, from Robert L. Tedesco
{
to this Appeal Board confirmed the essential details of the
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newspaper accounts, and stated that "the purpose of the test was to ascertain the adequacy of the search procedures and equipment."
II.
MOTION TO AUGMENT RECORD IN SECURITY PROCEEDING.
The first of the motions presented by SLOMFP is a motion to request the Board to take official cognizance of this security report and to augment the record in the security proceeding with Mr. Tedesco's memorandum and the Preliminary Notification which accompanied it.
The incident is clearly relevant to a determin-ation of whether the applicant has satisfied the general perfor-(
mance criteria of 10 CFR 73.55, and, more spccifically, of 10 CFR 73.55 (d) (1) and (d) (2), relating to searches for firearms, explosives, and incendiary devices at points of protected area a; cess; and the incident presents significant new evidence which could lead to a different result if it had been considered as part of the original record in this proceeding.
Pacific Gas and Electric Cor.pany (Diablo Canyon Nuclear Power Plant, Units 1 and
, April 1, 1981) Slip opinion at pp.
2-3.
(
- 2) CLI-81-5, 13 NRC III.
MOTION FOR LEAVE TO TAKE DEPOSITIONS OF NRC STAFF AND PGand E PERSONNEL.
For similar reasons, SLOMFP requests leave to take the k
deposi'tions of a person designated by the NRC staff, pursuant to 10 CFR 2. 720 (h) (2), with first-hand knowledge of the incident, 128 T A
o
('.
and of a person designated by applicant with similar knowledge.
This request flows aimply and directly from the contested nature of this licensing proceeding:
While Mr. Tedesco states in his memorandum that "(t)he Office of Inspection and Enforcement is satisfied that the applicant is taking appropriate act, ion on this matter," Intervenor SLOMFP submits that it is entitled to explore the facts of the incident so the Board may consider a record made through the workings of the adversary process.
In addition, the limitations upon public disclosure of details of the applicant's security plan perforce limit the public dissemination of sensitive or confidential information about the incident by the Staff or applicant; thus, Intervenor may be foreclosed from such information unless it is allowed an h'
opportunity to conduct in camera examinations of knowledgeable persons concerning the security incident.
Dated:
July 24, 1981 Respectfully submitted, l
HARRY M. Wiliic Harry M. Willis, Counsel for Intervenor, SLOMFP
(
EXHLBLT A
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION C
ATOMIC SAFETY AND LICENSING APPEAL BOARD
)
In the Matter of
-)
)
PACIFIC GAS & ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power
)
I Plant, Units 1 and 2)
)
(Security Proceeding)
}
)
f CERTIFICATE OF SERVICE 1
I hereby certify that copies of Intervenor' San Luis Obispo Mothers for Peace's Motions to Augment the Record in the Security Proceedings with a Report of a Security Occurrence; and for Leave to Take l
Depositions of NRC Staff Personnel and Applicant, have been served on the following by deposit in the United States Mail, first class, I
j this 2nd day of August, 1981.
lC Atomic Safety and Licensing Appeal Board
. United States Nuclear Regulatory Commis5 ion l
Washington, D.
C.
20555 William J..Olmstedd Assistant Chief Hearing Counsel Nuclear Regulatory Commis$ ion Washington, D.
C.
20555 Bruce Norton, Esq.
3216 North 3rd Street Suite 202 Phoenix, Arizona Mr. Herbert H. Brown Hill, Christopher & Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 HARRY M. WILLIS Harry M. Willis l(_
l EXHBTA
4 e
\\
e p
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD 1
In the Matter of
)
-)
PACIFIC GAS & ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power
)
Plant, Units 1 and 2)
)
(Security Proceeding)
)
)
CERTIFICATE OF SERVICF I lereby certify that copies of Intervenor' Fan Luis Obispo Mothers for Peace's Motions 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, have been served on the folloving by deposit in the United States Mail, first class, this 16th day-of September, 1981.
O Atomic Safety and Licensing Appeal Board United States Nuclear Regulatory Commis5 ion Washington, D.
C.
20555 William J. Olmstedd Nunzio Palladino, Chairman Assistant Chief Hearing Counsel Nuclear Regulatory Commission Nuclear Regulatory Commis5 ion Washington, D.C.
20555 Washington, D.
C.
20555 Bruce Norton, Esq.
3216 North 3rd Street Suite 202 Phoenix, Arizona Mr. Herbert H. Brown Hill, Christopher & Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 m '1.1v k 7
Harry d Willis e>
L
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