ML20031G565
| ML20031G565 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos File:GEH Hitachi icon.png |
| Issue date: | 10/21/1981 |
| From: | Swanson D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8110230273 | |
| Download: ML20031G565 (4) | |
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10/21/81 UNITED STATES OF AME.JCA
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NUCLEAR REGULATORY COMMISSION ft s
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BEFORE THE ATOMIC SAFETY AND LICEN3ING BOARD f
In the Matter of
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u.a.euw2ecemh GENERAL ELECTRIC COMPANY
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Docket No. 50-70 c
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Operating License No. TR-1)
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N NRC STAFF RESPONSE TO BOARD ORDER In its Order dated October 7,1981 in this proceeding, the Board indi-cated that it desired to admit as a Board exhibit, or take official notice of the contents of, USGS Circular 818-C, " Seismic Engineering Program Report September-December 1979." The Board indicated that it thought it useful to include the referenced article in the record, apparently for the purpose of utilizing the " comprehensive strong motion data" contained in the article regarding the October 15, 1979 Imperial Valley earthquake to " correlate the testimony [regarding the earthquake]."
The Staff does not object to the Board's incorporation into the record of this proceeding the referenced document, either as a Board exhibit or by official notice, for the limited purpose of referencing the strong motion data contained therein of the October 15, 1979 Imperial Valley earthquake.
The Staff takes this position in reliance on the Board's representation in its Order that the Board would not " adopt as fact, or... promote into fact, any opinion or conclusion that may have been expressed in the docu-ment, which the Board recognizes is extra-judicial opinion that has not been subjected to cross-examination." Order at 1.
DESIG14TED ORIGINAD 8110230273 811021
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. t Furthemore, the Staff considers it important to point out to the Board, as indicated in the Preface to the Circular, with respect to the Imperial Valley earthquake, that the article is merely a preliminary announcement of the data from accelerograms recorded from the earthquake. Contrary to the characterization by the Board in its Order, the article is not a comprehensive discussion of the earthquake.
In fact, a comprehensive analysis of the earthquake by the USGS is still being prepared and is not yet available for reference.
Moreover, the Circular contains uncorrected data which is not analogous to the final USGS earthquake data which went into the development of response spectra for other earthquakes which were referenced in the proceeding.
See, e.g., Staff Exh. 8; Testi-mony of Newmark and Hall at Staff Exh. 1B, App. A and Staff Exh. IC, App. A.
Finally, the Staff feels that it is important to note that the uncontroverted testimony in this proceeding is that the geologic condi-tions underlying the location at which the high vertical accelerations were recorded during the Imperial Valley earthquake are not similar to those at the GETR site, and hence that the same accelerations should not be expected at the GETR.
Tr.1596 (Brabb and Herdi; Tr.1595 (Devine);
Tr. 1997-98 (Harding).
Respectfully submitted, e'
Daniel T. Swanson Counsel for NRC Staff Dated at Bethesda, Maryland this 21)t day of October,1981
UNITED STATES OF R1 ERICA NUCLEAR I!EGULATORY C0tt11SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GENERAL ELECTRIC COMPANY Docket No. 50-70
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(ShowCause)
(Vallecitos Nuclear Center -
)
General Electric Test Reactor,
)
Operating License No. TR-1)
)
CERTIFICATE OF SERVICE 1 hereby certify that copies of "NRC STAFF RESPONSE TO BOARD ORDER" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in Nuclear Regulatory Commission's internal mail system, this 21st day of October, 1981:
Herbert Grossman, Esq., Chairman
- The Honorable Phillip Burton Administrative Judge ATTN: Mary Atomic Safety and Licensing Board 2454 Rayburn House Office Bldg.
U.S. Nuclear Regulatory Commission Washington, DC 20515 Washington, DC 20555 Glenn W. Cady..Esq.
Dr. George A. Ferguson Law Offices of Carniato & Dodge Administrative Judge 3708 Mt. Diablo Blvd., Suite 300 School of Engineering Lafayette, CA 94549 Howard University 2300 6th Street, N.W.
George Edgar, Esq.
Washington, DC 20059 Morgan, Lewis & Bockius 1800 M Street, N.W.
Dr. Harry Foreman Washington, DC 20036 Administrative Judge Box 395, Mayo Jed Sonit, Esq.
University of Minnesota 100 Bush Street - Suite 304 Minneapolis,11N 55455 San Francisco, CA 94104 The Honorable Ronald V. Dellums Edward A. Firestone, Esq.
ATTN:
H. Lee Halterman, Esq.
General tic;tric Company 201 13th Street, Roon 105 Nuclear Energy Divisions Oakland, CA 94617 175 Curtner Avenue San Jose, CA 95125 Ms. Barb 4ra Shockley (Mail Code 822) 1890 Bockman Road San Lorenzo, CA 94590 a
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The Honorable John L. Burton Docketing and Service Section (1)*
1714 Longworth House Office Bldg.
Office of the Secretary Washington, DC 20515 U.S. Nuclear Regulatory Comission Washington, DC 20555 i
Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission t
Washington, DC 20555 Atomic Safety and Licensing Appeal Panel (5)=
U.S. Nuclear Regulatory Commission Washington, DC 20555 l
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Daniel T. Swanson d
Counsel for NRC Staff
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