ML20032D537
| ML20032D537 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/13/1981 |
| From: | Bradley Jones NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| ALAB-644, ISSUANCES-OL, NUDOCS 8111170232 | |
| Download: ML20032D537 (6) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
.In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket Nos. 50-275 0.L.
50-323 0.L.
(Diablo Canyon Nuclear Power Plant, l' nit Nos. 1 and 2)
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NRC STAFF RESPONSE TO GOVERNOR BROWN'S SUPPLEMENT TO PETITION FOR REVIEW 0F ALAB-644 i
Bradley W. Jones gsC'7 Counsel for NRC Staff November 13, 1981
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11/13/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMiilSSION In the Matter of
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PACIFIC GAS AllD ELECTRIC COMPANY
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Docket Nos. 50-275 0.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power
)
Plant, Unit Nos. 1 and 2)
)
HRC STAFF RESP 014SE TO GOVERHOR BRDWil'S SUPPLEMEllT TO PETITION FOR REVIEW OF ALAB-644 Introduction on July 1,1981 Governor Brown petitioned the Commission to review ALAB-644, the Appeal Board's June 16, 1981 decision on the adequacy of the seismic design at Diablo Canyon. The Commission has not ruled on I
that petition. On October 30, 1981 Governor Brown filed a " Supplement to Petition for Review of ALAB-644" with the Commission. That Suppienent sought to raise certain deficiencies which have recently been discovered 4
in the as-built plant facilities at Diablo Canyon as relevant to the Commission's review of the Appeal Board's decision on the adequacy of seismic design of the plant. That Supplement should be dismissed as both inappropriate and irrelevant to the ALAB being challenged.
Discussion There is no provision in the. regulations which provides for the filing of a supplement to a petition for review. Governor Brown, in his Supplement, provides no reference to regulations or precedent to justify his filing.
If Governor Brown has new information which he believes is significant, the regulations provide the procedures a party should use to raise those issues before the Comnission. For example,10 C.F.R. 6 2.206 o
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allows for the raising of an issue before the Director of Nuclear Reactor Regulation which an individual believes important. Also, the regulations allow for the filing of a motion to reopen.
Governor Brown is well aware of these regulations, having used them in the past.
In view of the fact that adequate remedies are available should the Governor have significant new information, the Commission should dismiss this unauthorized pleading as being improperly filed.
Beyond the procedural defects in the Governor's pleading, the informa-tion raised by the Governor is irrelevant to the Commission's resolution of the original petition for review. The original petition for review challenged the correctness of the Appeal Board's determination that the seismic design at Diablo Canyon was adequate. ALAB-644 was addressed whether, from a design standpoint, the Diablo Canyon Nuclear Plant could withstand the design basis earthquake. The information now being raised by the Governor does not address this same concern.
The recently dis-covered deficiencies at Diablo Canyon are quality assurance problems. The present problems raised by Governor Brown relate to whether the plant was built as designed. That there is little relationship betwee,n the correct-ness of ALAB-644 and the information Governor Brown wishes considered in his petition for review, is evidenced by the fact that the Governor has not pro-vided a single reference to ALAB-644 in his entire Supplement. This is because the information he has raised does not relate to the analysis conducted by the Appeal Board in reaching its conclusions in ALAB-644.
Since there is no meaningful connection between the analysis in ALAB-644 and the Governor's information now being investigated by the Staff, the Governor's supplement should be rejected.
_ The Staff does not mean to imply that the developments referred to by Governor Brown are not important. Clearly, as the Staff informed the Conaission and the public, the deficiencies in question must be resolved before the plant can operate.
As the Commission, Governor Brown, and all the parties know, the Staff has, through meetings and Board notifica-tions, been keeping the Conaission fully informed of the developments at Diablo Canyon. No fuel will be loaded at Diablo Canyon until the problems identified have been resolved.
If Governor Brown has a specific complaint about the actions being taken by the Conaission on these develop-ments he, of course, can file appropriate papers. The fact that these developments are important, however, does not justify their consideration in the context of the Commission's review of a decision which does not exa-mine quality assurance matters.
Conclusion The Staff urges the Commission to dismiss Governor Brown's Supple-ment to Petition for Review of ALAB-644 as being an impermissible filing under Commission practice.
Further, the information identified by Gover-nor Brown involves issues not directly considered in the analysis con-tai ad in ALAB-644 and, therefore, even if considered as part of the petition for review, the Governor's Supplement does not lend weight to his argument that ALAB-644 should be reviewed by the Conaission.
o Respectfully submitted,
/ W Bradley W. Cones Counsel for NRC Staff Dated at Bethesda, Maryland f
this 13th day of November, 1981
Ui11TED STATES OF AMERICA NUCLEAR REGULATORY C0!VilSSION BEFORE THE C0 &tISSION In the Matter of PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 0.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power
)
Plant, Unit Nos. I and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO GOVERNOR BROWN'S SUPPLEMENT.T0 PETITION FOR REVIEW 0F ALAB-644 in the above-captioned pro-ceeding have been served on the following by deposit in the United States o
mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 13th day of November, 1981.
Samuel J. Chilk John F. Wolf, Esq., Chairman Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C.
20555
- U.S. Nuclear Regulatory Commission Leonard Bickwit, Esq.
General Counsel Mr. Glenn 0.. Bright Office of the General Counsel Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C.
20555
- U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Dr. Jerry Kline Board Administrative Judge U.S. Nuclear Regulatory Commirsion Atomic Safety and Licensing Board Washington, D.C.
20555
- U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Philip A. Crane, Jr., Esq.
Board Pacific Gas and Electric Company U.S. Nuclear Regulatory Connission P.O. Box 7442 Washington, D.C.
20555
- San Francisco, CA 94120 Thomas S. Moore Mr. Frederick Eissler Atomic Safety and Licensing Appeal Scenic Shoreline Preservation Board Conference, Inc.
U.S. Nuclear Regulatory Commission 4623 More Mesa Drive Washington, D.C.
20555
- Santa Barbara, CA 93105 Elizabeth Apfelberg David S. Fleischaker, Esq.
1415 Cozadero P.O. Box 1178 San Luis Obispo, CA 93401 Oklahoma City, Oklahoma 73101 e
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Mrs - Raye Flemine.
Mr. Richard B. Hubbard 1920 Mattie Road MHB Technical Associates Shell Beach, CA 93449 1723 Hamilton Avenue - Suite K Richard E. Blankenburg, Co-publisher Wayne A. Soroyan, News Reporter Mr. John Marrs, Managing Editor South County Publishing Company San Luis Obispo County P.O. Box 460 Telegram-Tribuoe Arroyo Grande, CA 93420 1321 Johnson Avenue P.O. Box 112 Mr. Gordon Silver San L'uis Obispo, CA 93406 Mrs. Sandra A. Silver 1760 Alisal Street Andrew Baldwin, Esq.
San Luis Obispo, CA 93401 124 Spear Street San Francisco, CA 94105 Joel R. Reynolds, Esq.
Mr. Herbert H. Brown John R. Phillips, Esq.
Hill, Christopher & Phillips, P.C.
Center for Law in the Public 1900 M Street, N.W.
Interest Washington, D.C.
20036 10951 West Pico Boulevard Third Floor Byron S. Georgiou Los Angeles, CA 90064 Legal Affairs Secretary Governor's Office Arthur C. Gehr, Esq.
State Capitol Snell & Wilmer Sacramento, CA 95814 3100 Valley Center Phoenix, Arizona 85073 Mark Gottlieb California Energy Commission Paul C. Valentine, Esq.
MS-18 321 Lytton Avenue lill Howe Avenue Palo Alto, CA 94302 Sacramento, CA 95825 Harry M. Willis Atomic Safety and Licensing Board Seymour & Willis U.S. Nuclear Regulatory Commission 601 California St., Suite 2100 Washington, D.C.
20555
- San Francisco, CA 94108 Atomic Safety and Licensing Appeal Janice E. Kerr, Esq.
Board Lawrence Q. Garcia, Esq.
U.S. Nuclear Regulatory Commission 350 McAllister Street Washington, D.C.
20555
- San Francisco, CA 94102 Docketing and Service Section Mr. James 0. Schuyler U.S. Nuclear Regulatory Commission Nuclear Projects Engineer Washington, D.C.
20555
- Pacific Gas & Electric Company 77 Beale Street San Francisco, CA 94106 f
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Bruce Norton, Esq.
3216 North 3rd Street Bradley [ Jones [
Suite 202 Counsel for NRC Staff Phoenix, Arizona 85102
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