ML20031B958

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Subpoena Duces Tecum Directed to FEMA
ML20031B958
Person / Time
Site: Diablo Canyon  
Issue date: 09/28/1981
From: Wolf J
Atomic Safety and Licensing Board Panel
To:
Federal Emergency Management Agency
Shared Package
ML20031B956 List:
References
ISSUANCES-OL, NUDOCS 8110060273
Download: ML20031B958 (2)


Text

1%E1128 RytEt25 at Atrierim.

NUCLEAR REGULATORY CO.NLNilSSION O

In the matter of:

PACIFIC GAS A:!D ELECTRIC COMPANY

>- DOCKET NO. 50-275 0.L.

(Diablo Ca,nycr. Nuclear Power 50-323 0.L.

Plant, Units Nos. 1 and 2)

TO

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SUBPGENA DUCES TECUM 70 : Feceral Emergency Management Agency 1725 I Street,5'.W..

Washington, D.C.

20472 Attention:

General Counsel You are hereby directed to produce for inspection and copying the documents specified in the filing attached hereto entitled, " Governor Edmund G. Brown lJr.

Request for Pr'oduction of Documents to the Federal ' Emergency Manag'ement Agency."

These documentsshall be produced withing 30 days of service of this subpoena.

By Order of the Atomic Safety and Licensing Board B,-

( N {A

'j JOHN F. WOLF, CHAIRMAN ' / ~

i September 28, 1981

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l Attorney for " Governor l

Brown of the State of l

California" Lawrence Coe Lanpher HILL, CHRISTOPHER AND PHILLIPS, P.C.

1900 M Street, N.W.

Washington, D.C.

20036 (202)452-7011 10 C.F.R. 2.720 (f) prezidir.g of;1cer or. if he is nanvaitabre. the Cn motion made promptly, and in any es<nt Commt:: ion u,say (!) qua.sh or mod:fy the sub-l at or beftsrc the time specified in the subpoene poens if it is sanreasonable or requires evidence i

for compliance by the pcr:an to whom tt e sub-not referent to any matter in I,tsue. or (2) con-pcene is directed, and on notice to the party at dition dent.a! of the motion on just cnd reasonable whose instance the :ubpoena was issued. the terrn s, 8110060273 810930~

PLR ADOCK OS000275

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. RETURN ON SERVICE -

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S served it on the within narned..fkdMd... -

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by delivering a copy to 4.41 and tendering to h.<d,. e fee for one day's attendance and the mileage allowed by law.1 Dated....f.cpli 5&A..cD.1.19.7.!.

BY.1 M.........

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Service Fees Tra v e I...................... S Services... _........... S 35 8 8 1

To 1a1......................... S 35

  • Subscribed and sworn to before me a

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day of.

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N Commladon F.r;!:es Taruer it.1985 NOTE - Affidasit required only if senice is made.by. person other than a United States Marshal or his dep'uty.

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m Fees and unn.cse neect not be tenderect to the witness upon service of a subpoena issued fra behalf of the I

23 USC 1823 United S:.stes or an officer or agency thereof.

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._________._m_

s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of

)

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)

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)

)

)

GOVERNOR EDMUND G. BROWN JR. REQUEST FOR PRODUCTION OF DOCUMENTS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY Governor brown hereby requests the Federal Emergency Manags-ment Agency

(" FEMA") to produce for inspection and copying the documents described below.

The documents shall be produced with-in 30 days of service of this request at the offices of Governor Brown's u'ndersigned counsel, 190f M Street, N.W.,

8th Flocr, Washington, D.C.

20036, unless another time or location is mutually agreed upon.

Definitions 1.

" FEMA" when used herein includes, but is not necessarily limited to, FEMA headquarters in Washington, D.C., all FEMA regional offices, including FEMA Region IX, the Regional Assistance Committees, and all employees, contractors, consultants or agents of FEMA.

2.

"PG&E" when used herein refers to Pacific Gas and Electric Company and all employees, contractors, consultants or agents of PG&E.

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3.

"NRC" or "NRC Staff" or " Staff" when used herein refers to the United States Nuclear Regulatory Commission, including all regional offices and all staff, employees, contractors, con-sultants or agents thereof.

4.

"Diablo Canyen" when used herein refers to the Diablo Canyon Nuclear Power Plant located in San Luis Obispo County, California.

5.

" San Luis Obispo County" or " County" when used herein refers to San Luis Obispo County, including all offices, depart-ments, and agencies thereof and all employees, contractors, con-sultants or agents thereof.

6.

" County Plan" when used herein refers to the San Luis Obispo County Nuclear Power Plant Emergency Response Plan (Draft, May 1981), together with all procedures thereto and all revisions thereof.

7.

" California" or " State" when used herein refers to the State of Call'!ornia and all offices, departments and organizations thereof, including without limitation the California Office of Emergency Services ("CES"), and all employees, contractors, con-sultants or agents thereof.

8.

" State Plan" when used herein refers to the State of California Nuclear Power Plant Emergency Response Plan (Revised March 1981), together with all procedures thereto and revisions thereof.

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" Documents" when used herein include, but are not limited to emergency plans and procedures, critiques or evalua-tions of emergency exercises or drills, constructica plans and specifications, papers, photographs, crituria, standards of review, recordings, memoranda, books, records, writings, letterc, telegrams, mailgrams, correspondence, notes and minutes of meet-ings or of conversations or of phone calls, inter-office, intra-corporate memoranda or written communications of any nature, intra-agency memoranda or written communications of any nature, recordings of conversations either in writing or upon any mechanical or electronic or electrical recording devices, notes, exhibits, appraisals, work papers, reports, studies, opinions, analyses, assessments, surveys, evaluations, projections, hypo-theses, formulas, designs, drawings, manuals, notebooks, work-sheets, contzacts, agreements, letter agreements, diaries, desk calendars, charts, schedules, appointment books, punchcards and computer printout sheets, computer data, telecopier transmissions, directives, proposals, and all drafts, revisions, and differing versions (whether formal or informal) of any of the foregoing, and also all copies of any of the foregoing which differ in any substantive way (including handwritten notations or other sub-stantive written or printed matter of any nature) from the original.

Request 1:

All documents in the possession, custody or control of FEMA which relate in any way to the NRC Staff request of November 3, t

l 1980, that FEMA evaluate the complicating factors for emergency i

response at California nuclear reactors, including Diablo Canyon, j

which might be caused by an earthquake.

A copy of the Staff I

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request is included as Exhibit A hereto.

Without limitation of the scope of this request, documents within the scope of Request i

1 include:

(a)

All correspondence between FEMA and PG&E, the Staff the County and/or the State related to the compli-i i

cating effects of an earthquake on emergency pre-paredness at Diablo Canyon.

(b)

All analyses, memoranda or other documents which predict or assess the damage or complications which might result in-the County from an earthquake on i

either.(i) the Hosgri Fault or (ii) on any other fault in or near the County.

Please supply separately stated answers for (i) and (ii).

With respect to faults other than the Hosgri, please i

i identify each such fault considered by FEMA.

(c)

All analyses of how or whether the County Plan and/or i

the State Plan deal with or compensate for the com-

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plicating effects of an earthquake.

I (d)

All analyses or other documents which relate in any way to the report of Tera Corporation entitled,

" Earthquake Emergency Planning at Diablo Canyon,"

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submitted to PG&E by Tera on September 2, 1981.

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s Request 2:

All documents in the possession, custody or control of FEMA which analyse, assess, or in any way relate to whether the County Plan and County preparedness pursuant to the County Plan satisfy each or any Planning S candard of 10 C.F.R. S 50.47(b).

Request 3:

All documents in the possession, custody or control of FEMA which analyse, cssess, or in any way relate to whether the State Plan and State preparcaness pursuant to the State Plan satisfy each or any Planning Standard of 10 0 F.R. S 50.47(b).

Request 4:

1 All documents in the possession, custody or control of FEMA which relate in any way to the emergency preparedness exercise held on Augnst 19, 1981 in San Luis Obispo County.

Without limitation of the scope of this request, documents within the scope of Request 4 include:

(a)

All evaluations, assessments, memoranda, notes, I

critiques or other documents which assess the August 19 exercise.

(b)

All notes, photographs, memoranda or other documents which record or in any way relate to actions or events which occurred during the August 19 exercise.

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(c)

All documents which assess or in any way relate to l

whether the scenario for the August 19 exercise was i

complete and adequate to test the emergency response capabilities of PG&E, the County, and the State.

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1 Request 5:

All documents related in any way to correspondence and/or conversations of FEMA personnel with NRC personnel concerning Diablo Canyon.

Request 6:

All documente in the possession, custody or control of FEMA which assess or relate in any way to energency preparedness training, drills or Gr.ercises for Diablo Canyon other than the August 19 exercise.

Request 7:

All documents in the possession, custody or control of FEMA which relate in any way to the " findings and determinations" of FEMA for Diablo Canyon which are called for under 10 C.F.R. S 50.47 (a) (2), including drafts thereof.

Request 8:

All documents in the possession, custody or control of FEMA which relate in any way to FEMA's methodology for making the

" findings and determinations" called for under 10 C.F.R. S 50.47 (a) (2).

Without limitation of the scope of this request, documents within the scope of Request 8 include:

(a)

Manuals which guide FEMA reviewers.

(b)

Check:

a for assessing exercises cnd drills.

(c)

Analyses of the Planning Standards of 10 C.F.R. S 50.47(b).

(d)

Criteria for determining when the Section 50.47(b)

Standards are satisfied.

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R,equest 9:

All documents not produced in response to Requests 1-8 which relate in any way to emergency planning and preparedness at Diablo Canyon.

Respectfully submitted, Byron S. Georgiou, Esq.

Legal Affairs Secretary Gove.inor's Office State Capitol Sacramento, California 95814 wl

/

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& syn, c as. n u Herbert H. Brown Lawrence Coe Lanpher HILL, CHRISTOPHER AND PHILLIPS, P.C.

1900 M Street, N.W.

Washington, D.C.

20036 Attorneys for Governor Brown of the State of California September 25, 1981

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UNITED STATES '

EXIIIBIC A NUCLEAR REGULATORY COMMISSION

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%..~a...f NOVERBER 1 1530 g.

MEMORANDUM FOR: Phn McConnell, Assistant Associdte Director for Population Preparedness, FEMA FROM:

Erian K. Grimes, Program Direct 6r, Emergency Freparedness Program Office, NRR

SUBJECT:

REQUEST FOR FEMA ASSISTANCE TO REVIEW EFFECTS LF EARTHQUAKE AND VOLCANIC ERUPTION ON STATE / LOCAL EMERGENCY PLANS As we have discussed, in the course of cur review of licensed utility emergency plans, volcanic eruptions and catastrophic earthquakes have emerged as two issues of high public interest. To insure that these issues are being adequately addressed, we request that FE"A review the state and local planning efforts for the areas around California nuclear power plant sites and the Trojan site with respect to the complications which might arise in the event of extreme natural phenomena and how these can best be addressed in the planning process.

In conjunction with the Trojan plant evaluation for compliance with the new NRC emergency planning regulations, the Comission has directed that j

the problems of effective protective, measures and evacuation. during or soon after volcanic eruption (giving due consideration to the possible effects of severe ashfall, mudflows, floods, and landslides) be closely examined.

In this regard, we are requesting the licensed utility io revise its emergency plan to explicitly address the possible problems associated with an eruption. This will include considerations of site access during an emergency, assured comunications and appropriate revision of the evacuation time estimates used in protective action determinations. The Oregon State Department of Energy, has already addressed the feasibility of implementing effective protective measures during an eruption (enclosure l

1).

The earthquake issue has particular relevance to nuclear plants in California (i.e., Diablo Canyon, Humboldt Bay, Rancho Seco and San Onofre).

We understand from the FEMA news release of September 29, 1980 that FERA will lead a team consisting of personnel from Federal, State and local e

agencies to accelerate efforts towards improving the state of readiness i

to cope with potential major earthquakes in California. 'In this regard we request that FEMA include in its evaluation of offsite emergency plans, a qualitative evaluation of complicating factors which might be caused b; earthquakes for California nuclear power reactor sites.

Specifically, j

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2-John McConnell such evaluation should include the impacts on State / local emergency plans due to potential disruption of cc:m:unications networks and evacuation routes.

In this regard, we are requestir.g the affected licensees to revise their emergency plans to explicitly address the possible problems associated with an earthquake to include the type of potential complications discussed above for the Trojan facility.,

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Thank you for your assistance in these matters.

A Brian K. Grimes, Program Director Emergency Preparedness Program Office

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Office of Nuclear Reactor Regulation

Enclosure:

Oregon DOE Study Report Measures f

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