ML20028C331
| ML20028C331 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/05/1983 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8301070343 | |
| Download: ML20028C331 (3) | |
Text
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00Q"QJI UNITED STATES OF AMERICA
'~
NUCLEAR REGULATORY COMMISSION gg.6 p] 69 ATOMIC SAFETY AND LICENSING APPEAL BOA Administrative Judges:
wgly,lp BC7 Uf,hCH Thomas S. Moore, Chairman 0
Dr. John H. Buck Dr. W.
Reed Johnson SERVED JAN 061983
)
In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
) Docket Nos. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power Plant,
)
Units 1 and 2)
)
)
ORDER January 5, 1983 On August 2, 1982 Governor. Brown filed with the Licensing Board a motion to reopen the Diablo Canyon record to take evidence on certain quality assurance matters.
Subsequently, the Licensing Board in its August 31, 1982 initial decision opined that the Governor's motion may have been " misdirected" because "the issue of quality assurance and quality control were adjudicated in the Board's partial initial decision on the low-power test proceeding.
" and "this Board no longer has jurisdiction of that record."
LBP-82-70 (slip op, at 8).
The Board did not, however, deny the Governor's motion.
- Rather, the Board announced it would hold the motion "under advisement" B301070343 B30105 PDR ADOCK 05000275 8
TJ 5o2-
J
. to await the Commission's answer to the jurisdictional questions certified to the Commission by the Appeal Board
- /
. in ALAB-681 (July 16, 19 81).--
Id. at 9.
The Licensing Board took this step because it believed "that the answers to the questions certified by the Appeal Board to the Commission will control the action, if any, this Board takes in response to Governor Brown's motion.
Idl.
The Commission now has responded to the questions raised in ALAB-681 and informed us that it did not divest (and does not now intend to divest) the adjudicatory boards of juris-diction to entertain motions to reopen the Diablo Canyon record based on quality assurance questions.. The. Licensing Board has taken no further action on Governor Brown's motion since S its August 31 initial decision and presumably it still has the matter under advisement.
In the circumstances, we believe
--*/
In ALAB-681,we certified three questions to the Commission concerning our authority to entertain the joint intervenors' June 8, 1982 motion to reopen the record underlying the Licensing Board's low-power decision.
The joint intervenors' motion, like Governor Brown's motion, sought to present evi-dence related to various quality assurance matters at Diablo Canyon.
In an effort to avoid delay in the licensing process, we certified the questions because the applicant claimed the Commission's order suspending the Diablo Canyon low power license divested the adjudicatory boards of authority l
over any aspect of the newly discovered quality assurance problems at the facility.
See CLI-81-30, 14 NRC 9 50 (1981),
i I
),
t that a considerable time savings and the most efficient use of the adjudicatory boards' resources may be achieved by our. deciding Governor Brown's motion along with the joint intervenors' motion to reopen that is pending before us.
Such action may also have the added benefit of conserving the parties' resources.
Accordingly, we direct-the certification of Governor Brcwn's August 8, 1982 motion to reopen the Diablo Canyon record.
We will consider the motion on the papers filed with the Licensing Board.
It is so ORDERED.
FOR THE APPEAL. BOARD O. 1 4 b C.Qean Shoemaker Secretary to the Appeal Board l
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