ML20027E711
| ML20027E711 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/08/1982 |
| From: | Locke R PACIFIC GAS & ELECTRIC CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8211150639 | |
| Download: ML20027E711 (5) | |
Text
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UNITED STATES OF AMERICA
'82 gyjp g g NUCLEAR REGULATORY COMMISSION BEFORE THE. ATOMIC SAFETY AND LICENSING APPEAU'rBOApfinCRtTA;;y LRbt C In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket No. 50-275
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Diablo Canyon Nuclear Power Plant )
Docket No. 50-323 Units No. 1 and 2
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(Full Power Proceeding)
REQUEST OF PACIFIC GAS AND ELECTRIC COMPANY TO WITHDRAW CERTAIN EXCEPTIONS TO THE INITIAL DECISION OF AUGUST 31, 1982 On August 31, 1982, the Licensing Board issued an Initial Decision which authorized the issuance of a full-power operating license for Diablo Canyon Nuclear Power Plant, Units 1 and 2 subject to certain enumerated conditions.
Exceptions to certain rulings in that Decision were filed by the Staff on September 10, 1982 and by PGandE on September 15, 1982.
The Staff exceptions concerned:
(1) FEMA Findings on the State Plan, (2) Standard Operating Procedures (SOP's), and (3) Acquiescence by State Jurisdiction to SOP's.
PGandE's exceptions included the three advanced by the Staff as well as a fourth exception concerning l
the apparent omission of a statement affirming the adequacy of off-site emergency planning in the Conclusions of Law.
Both the Staff and PGandE requested that the Appeal Board toll the time for the filing of briefs related to the exceptions l
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until the Licensing Board acted on the respective motions for clarification of the Decision.b!
The Staff also requested that all parties be given until 5 days after issuance of the Licensing Board's ruling on the request for clarification to withdraw or file mcdifications to the exceptions.
The Appeal Board granted the Staff's Motion and tolled tha period for filing briefs concerning exceptions until the Licensing Board acted on the Motion to Clarify.
On September 24, 1982 and October 26, 1982 respectively the Licensing Board acted on the Staff and PGandE Motions.
In these Memoranda the Licensing Board clarified its earlier rulings concerning the relevant preconditions to the issuance of a full-power license.
In its October 26, 1982 Memorandum the Licensing Board reaffirmed its September 24, 1982. ruling on the 3 identical issues advanced by the Staff concerning (1) FEMA findings on the State Plan, (2) completion of SOP's and (3) acquiescence by appropriate State jurisdictions.
In addition l
the Licensing Board issued a clarification regarding the state of off-site emergency response planning for Diablo Canyon.
The Licensing Board's clarification of the preconditions in its Decision regarding (1) the completion of SOP's, (2) acquiescence l
by appropriate State jurisdiction to SOP's together with an l
l 1/
l The Staff Motion for Clarification was filed on i
September 17, 1982 and PGandE's Motion was filed on September 24, 1982.
explicit finding on the adequacy of off-site emergency planning in its Conclusions of Law has rendered unnecessary any further action with regard to PGandE Exceptions 2, 3 and 4.
As a result, PGandE will no longer pursue Exceptions numbered 2, 3 and 4 in its filing of September 15, 1982.
ACCORDINGLY, PGandE requests leave to withdraw Exceptions 2, 3 and 4 to the Initial Decision which were taken in our filing of September 15, 1982.
PGandE will pursue its appeal of PGandE Exception 1 concerning the requirement for a FEMA Finding on the State Plan prior to issuance of a full-power license.
Respectfully submitted, MALCOLM H. FURBUSH PHILIP A. CRANE, JR.
RICHARD F. LOCKE Pacific Gas and Electric Company Post Office Box 7442 San Francisco CA 94120 (415) 781-4211 ARTHUR C. GEHR Snell & Wilmer 3100 Valley Center Phoenix, AZ 85073 (602) 257-72kk BRUCE NORTON Norton, Burke, Berry & French, P.C.
3216 N. Third Street Suite 300 Phoenix, AZ 85012-2699 (602) 264-0033 Attorneys for PACIFIC GAS AND ELECTRIC COMPANY By Dated:
November 8, 1982 Richard F. Locke
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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
.i In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
)
Docket No. 50-275
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Docket No. 50-323 Diablo Canyon Nuclear Power Plant, )
Units 1 and 2
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)
CERTIFICATE OF SERVICE The foregoing document (s) of Pacific Gas and Electric Company has (have) been served today on the following by deposit in the United States mail, properly stamped and addressed:
Judge John F. Wolf Mrs. Sandra A. Silver Chairman 1760 Alisal Street Atomic Safety and Licensing Board San Luis Obispo, California 93401 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Gordon Silver 1760 Alisal Street Judge Glenn O. Bright San Luis Obispo, California 93401 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission John Phillips, Esq.
Washington, D. C. 20555 Joel Reynolds, Esq.
Center for Law in the Public Interest Judge Jerry R.
Kline 10951 W.
Pico Boulevard - Suite 300 Atomic Safety and Licensing Board Los Angeles, Califernia 90064 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 David F. Fleischaker, Esq.
P. O. Box 1178 Mrs. Elizabeth Apfelberg Oklahoma City C/o Nancy Culver Oklahoma 73101 192 Luneta Drive San Luis Obispo, California 93401 Arthur C. Gehr, Esq.
Snell & Wilmer.
Janice E.
Kerr, Esq.
3100 Valley Bank Center Public Utilities Commission Phoenix, Arizona 85073 of the State of California 5246 State Building Bruce Norton, Esq.
350 McAllister Street Norton, Burke, Berry & French, P.C.
San Francisco, California 94102 3216 N. Third Street Suite 300 Mrs. Raye Fleming Phoenix, Arizona 85012-2699 l
1920 Mattie Road Shell Beach, California 93449 Chairman Atomic Safety and Licensing Mr. Frederick Eissler Board Panel Scenic Shoreline Preservation U. S. Nuclear Regulatory Commission Conference, Inc.
Washington, D. C. 20555 4623 More Mesa Drive S2nta Barbara, California 93105 l
i Chairman Judge Thomas S. Moore Atomic Safety and Licensing Chairman Appeal Panel Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Appeal Board Wachington, D. C. 20555 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Srcretary U. S. Nuclear Regulatory Commission Judge W. Reed Johnson Wachington, D.
C. 20555 Atomic Safety and Licensing Appeal Board Attn.:
Docketing and Service Section U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Brtdley W. Jones, Esq.
Office of Executive Legal Director Judge John H. Buck BETH 042 Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Appeal Board Wachington, D.
C. 20555 U.
S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Richard B. Hubbard MHB Technical Associates Commissioner Nunzio J. Palladino l
1723 Hamilton Avenue, Suite K Chairman San Jose, California 95125 U.S. Nuclear Regulatory Commission 1717 H Street N.W.
Mr. Carl Neiberger Washington, DC 20555 l
Talcaram Tribune l
P. O. Box 112 Commissioner John F. Ahearne S2n Luis Obispo, California 93402 U.S. Nuclear Regulatory Commission 1717 H Street N.W.
H3rbsrt H. Brown, Esq.
Washington, DC 20555 L;wrsnce Coe Lanpher, Esq.
Chrictopher B. Hanback, Esq.
Commissioner Victor Gilinsky Kirkpatrick, Lockhart, Hill, U.S. Unclear Regulatory Commission Christopher & Phillips 1717 H Street N.W.
1900 M Street, N.W.
Washington, DC 20555 Wachington, D.
C. 20036 Commissioner James K. Asselstine Byron S. Georgiou, Esq.
U.S. Nuclear Regulatory Commission Lsgel Affairs Secretary 1717 H Street N.W.
Govarnor's Office Washington, DC 20555 Stata Capitol Sacrtmento, California 95814 Commissioner Thomas M. Roberts U.S. Nuclear Regulatory Commission 1717 H Street N.W.
shington 55 Richaf-d7.' Locke' Attorney for Pacific Gas and Electric Company Datos
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