ML20031G547
| ML20031G547 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/21/1981 |
| From: | Perry S Federal Emergency Management Agency |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8110230208 | |
| Download: ML20031G547 (4) | |
Text
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UNITED STATES OF AMERICA t d
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h NUCIIAR REGUIATORY cot 011SS10N S
h 0CT 2 2 Ig* g Bt: FORE THE ATOHIC SAFETY AND.LIC?NSING BOARD
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g In the Matter of PACIFIC CAS AND ELECTRIC COMPANY )
Docket Nee. 50-275 0.L.
I 50-323 0.L.
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(Diablo Canyon Nuclear Power Plant, Unit Nos. I and 2)
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_ OTION FOR PRCrTFjTION OF DOCUMENTS H
The Federal Emergency Management Agency (FEFA) is in receipt of a 1.
Subpoena Duces Tecum issued by the Atomic Safety Licensing Board (A$LB) 28, 1981.
Chairman John F. Wolf in the above captioned matter dated September T1 subpoena was issued pursuant to the request of counsel for the intervenor Governor Edmund G. Brown, Jr.
Requests 1-8 of the intervenor's subpoena basically seek discovery of 2.
all materials in FEMA's files relating to off-site emergency preparedness (planning and impementation capability) as these pertain to the Diablo Canyon Nuclear Power Plant.
Af ter reviewing its materials it believes to be covered by the subpoena, 3.
FEMA is willing to supply all requested documents with two carefully delimited exceptions which are directly related to the protection of the effectiveness and integrity of FEMA's internal decision-making processes.
The doctments which FEMA seeks to protect by favorable consideration 4.
of this motion may be generically described as follows:
Personal opinions and review comuments of Itadiological Advisory a.
Commsittee (RAC) members which are not the official views of the agencies represented by the members; Unevaluated exercise observations and notes of individual Fe U.
19, 1981.
observers of the Diablo Canyon esercise held on August As part of FEMA's off-site preparedness evaluation proc ess, the RAC's 5.
These reviews, while designed review off-site emergency plans for adequacy.
licit the to obtain the perspectives of representative agencies, primarily e LESIGNATED ORIGINAL
[J Cer'tfied BF r_
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2 personal views of individual RAC members. The frank, candid, and informed views obtained by the RAC process are essential to FEMA's ability to make an agency determination as to the adequacy of of f-site plans.
6.
When off-site plans are exercised as a part of FEMA's off-site preparedness evaluation process, the exercises are observed by a team of evaluators drawn from the staff of FEMA and the staffs of other Federal agencies. These comments do not reflect official agency positions but rather the personal professional views of team members. The frank, candid, and informed views of the evaluation team are essential to FEMA's ability to make an agency determination as to the adequacy of off-site emergency plan implementation capability.
7.
In the case at hand, no final FEMA agency determination has been made as to the adequacy of either plans or implementation capability, and the views covered in 4(a) and (b) are still an active part of FEMA's review process.
8.
FEMA believes that if it is forced to release the views of individual RAC members and evaluation team members its decision-making process will suffer irreparable damage from the chilling effect that such release vill have upon present and potential team members. This damage will not be limited to the Diablo Canyon case, but will have a deleterious affect on FEMA's ability to evaluate plan and implementation capability generally, including off-site emergency capebilities for plants now awaiting the issuance of operating licenses and plants with licenses whose off-site safety arrangements are subject to periodic review.
WHEREFORE: FDIA asks that it not be required to produce the materials described in paragraphs 4(a) and (b) supra pursuant to intervenor's Subpoena Duces Tecum of September 28, 1981.
Respectfully submitted.
A$ J ls ENCE W. PERRY Acting Assist General Counsel Federal Emerg cy Management Agency i
500 C Street, S.W.
Washingto1, DC 20472 (202) 287-0370
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UtilTED STATES OF AMERICA flVCLEAR REGULATORY COMISS10!i BEFORE THE A10MIC__ SAFETY AND LICEllSI!!G_B0ARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket Nos. 50-275 0.!..
50-323 0.L.
(Diablo Canyon Nuclear Power Plant Unit Nos. 1 and 2
_CN.TIFICATE OF 5 RVICE As a courtesy to the Federal Emergency Management Agency, I hereby certify that copies of FEMA'S "M9T10N FOR PROTECTION OF DOCUMEMTS" in the above-captioned proceeding K ve been served on thc following by deporit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 21st day of October, 1981.
John F. Wolf, Esq., Chairman Richard E. Blankenburg Administrative Judge Co-publisher Atomic Safety and Licensing Board Wayne A. Soroyan, News Reporter U.S. Nuclear Regulatory Commission South County Publishing Company Washington, D.C.
20555
- P.O. Box 460 Arroyo Grande, California 93420 Glenn 0. Bright, Esq.
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regislatory Commission Washington, D.C.
20555
- Dr. Jerry Kline Mr. Gordon Silver Administrative Judge Mrs. Sandra A. Silver Atomic Safety and Licensing Board 1760 Alisal Street U.S. Nuclear Regulatory Commission San Luis Obispo, California 93401 Washington, D.C.
20555
- Arthur C. Gehr, Esq.
Elizabeth Apfelberg Snell & Wilmer t
1415 Cozadero 3100 Valley Center San Luis Obispo, California 93401 Phoenix, Arizona 95073 Philip A. Crane, Jr., Esq.
Paul C. Valentine, Esq.
Pacific Gas and Electric Company 321 Lytton Avenue San Francisco, California 94120 _
Palo Alto, California 94302 P.O. Box 7442 Bruce Norton, Esq.
Mr. Frederick Eissler 3216 North 3rd Street l
Scenic Shoreline Preservation Suite 202 Conference, Inc..
Phoenix, Arizona 85012 4623 Mors Mesa Drive Santa Barbara, California 93105 Andrew Baldw'in, Esq.
124 Spear Street Mrs. Raye Fleming San Francisco, California 94105 1920 Mattie Road Shell Beach, California 93449
John R. Phillips, Esq.
Atomic Safety and Licensing Appeal Simon Klevansky, Esq.
Panel Margaret Blodgett, Esq.
U.S. fluclear Regulatory Commission Marion P. Johnston, Esq.
Washington, D.C.
20555
- Joel Reynolds, Esq.
Center for Law in the Public Atomic Safety and Licensing Board Interest Panel 10203 Santa Monica Boulevard U.S. fluclear Regulatory Commission Los Angeles, California 90067 Washington, D.C.
20555 *
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Byron S. Georgiou Docketing and Service Section Legal Affairs Secretary U.S. fluclear Regulatory Commission Governor's Office Washington, D.C.
20555
- State Capitol Sacramento, California % 814 Mark Gottlieb California Energy Commission David S. Fleischaker, Esq.
MS-18 P.O. Box 1178 1111 Howe Avenue Okl ahoma.Ci ty., _0k.l ahoma 73101 Sacramento, California 95825 K1 chard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K San Jose, California 95125 John Marrs, Managing Editor San Luis Obispo County Telegram-Tribune 1321 Johnson Avenue P.O. Box 112 San Luis Obispo, California 93406 Herbert H. Brown Hill, L5ristopher & Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 Harry M. Willis Seymour & Willis 601 California St., Suite 2100 San Francisco, California 94108 Janice E. Kerr, Esq.
Lawrence Q. Carcia, Esq.
350 McAllister Street
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San Francisco, California 94102 Mr. James 0. Schuyler Wi liam J. Olmstead fluclear Projects Engineer De uty Chief Hearing Counsel Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106
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