ML20032E815
| ML20032E815 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/16/1981 |
| From: | Norton B NORTON, BURKE, BERRY & FRENCH, PACIFIC GAS & ELECTRIC CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-OL, NUDOCS 8111230317 | |
| Download: ML20032E815 (6) | |
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n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
)
In the Matter of
)
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Docket Nos. 50-275 0.L.
PACIFIC GAS AND ELECTRIC COMPANY
)
50-323 0.L.
)
(Diablo Canyon Nuclear Power Plant,
)
Full Power Proceeding Unit Nos. 1 and 2)
)
)
PACIFIC GAS AND ELECTRIC COMPANY'S RESPONSE TO GOVERNOR BROWN' S AND JOINT INTERVENORS' BRIEFS REGARDING CONTENTIONS. FOR FULL POWER !'EARINCS Pursuant to this Board's Order of Octcher 24, 1981, Joint Intervenors and Governor Brown filed Briefs in support of admitting contentions heretofore rejected by the Licensing Board by order of August 4, 1981.
The briefs were filed on November 6 and 9,19 81, respectively.
Neither of the briefe contained any legal argument that has not been set forth in prior filings.
Governor Brown's brief however went beyond this Board's order and included a lengthy affidavit as to why one contention should be admitted.
It is respectfully submitted that the affidavit of Gregory C.
Minor should be summarily discarded as both untimely and improperly filed.
What is before this Board, in both essence and fact, is an appeal of the L.icensing Board's Order of August 4, 1981, not as Governor Brown would have it, yet another opportunity to file affidavits in support of late filed contentions.
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8111230317 811116 PDR ADOCK 05000275 G
Pacific Gas and Electric Company agrees with Joint Intervenors that the question pending before this Board has been briefed to 'the point that f urther briefing would simply be redundant.
It should be noted that the admissibility of these same contentions has been litigated not only in the full power proceeding but in the low power license proceeding as well.
The I
Applicant would, however, request that the Appeal Board review the following briefs prior to oral argument:
Date of Brief Title of Brief 12/18/80 PACIFIC GAS AND ELECTRIC COMPANY'S RESPONSE ~TO'UOINT INTERVENORS' REQUEST FOR DIRECTED. CERTIFICATION 12/12/80 NRC STAFF'S RESPONSE TO STATEMENT OF SUBJECTS ON WHICH GOVERNOR EDMOND G.
BROWN, JR. INTENDS TO PARTICIPATE 12/23/80 NRC STAFF'S RESPONSE TO INTERVENORS' STATEMENT OF CONTENTIONS RELATIVE TO FUEL LOADING AND LOW POWER TESTING 1/23/81 RESPONSE OF PACIFIC GAS AND ELECTRIC COMPANY TO JOINT INTERVENORS' REPLY TO RESPONSES OF PACIFIC GAS AND ELECTRIC COMPANY AND NRC STAFF TO JOINT INTERVENORS' STATEMENT OF CONTENTIONS 2/26/81 APPLICANT REQUEST FOR DIRECTED CERTIFICATION 4/8/81 MOTION OF PACIFIC GAS AND ELECTRIC COMPANY TO RECONSIDER ASLB ORDER DATED FEBRUARY 13, 1981 AND OPPOSITION TO JOINT INTERVENORS' MOTION TO REOPEN FULL POWER RECORD
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Date of Brief Title of Brief 4/13/81 NRC STAFF'S RESPONSE TO MOTION TO REOPEN 10/1/81 APPLICANT PACIFIC GAS AND ELECTRIC COMPANY'S MOTION FOR RECONSIDERATION OF THE COMMISSION'S SEPTEMBER 21, 19 81 ORDER AS IT DIRECTS INCLUSION OF CONTENTIONS 10 AND 12 IN THE FULL POWER PROCEEDING 10/19/81 NRC STAFF RESPONSE TO (1) APPLICANT'S MOTION FOR RECONSIDERATION AND (2)
GOVERNOR BROWN'S MOTION FOR DISMISSAL J
OF APPLICANT'S MOTION 10/19/81 NRC STAFF'S RESPONSE TO JOINT INTERVENORS' BRIEF IN SUPPORT OF EXCEPTIONS 10/19/81 NRC. STAFF'S-RESPONSE TO BRIEF OF GOVERNOR EDMUND u.
BROWN, JR. ON APPEAL OF THE LICENSING BOARD'S PARTIAL INITIAL DECISION OF JULY 17, 1981 10/20/81 APPLICANT PACIFIC GAS AND ELECTRIC COMPANY'S RESPONSE TO JOINT INTERVENORS' REQUEST FOR DIRECTED CERTIFICATION 10/23/81 NRC STAFI RESPONSE TO JOINT INTERVENORS' c,
REQUEST c'OR DIRECTED CERTIFICATION As a result of the TMI accident, the Commission issued a series of pronouncements regarding licensing, hearings, contentions, etc.
NUR8G-0694 and NUREG-0737 set forth in specific detail the timed items which the Commission believed should be complied with by applicants and licensees.
Initially the Commission issued a " Statement of Policy for further Commission Guidance for Power Reactor, Operating Licenses," 45 Fed. Reg. 41738 (June 20, 1980).
Subsequently, the Commission issued two further clarifications: i
)r Statement of Policy:
Further Commission Guidance for Power Operating Licenses, 4 5 Fed. Reg. 8523 5 ( De c. 24, 1980); and Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2),
CLI-81-5, 13 NRC 3 61 (19 81)
(" April 1, 1981 Order").
It is respectfully submitted that a fair reading of the Commission's policy statements and the pleadings on file in this matter can only lead to one correct conclusion.
The Joint Intervenors have not met the requirements for late filed contentions and reopening a closed hearing record as they must do in order to have their proposed contentions admitted.
To admit those contentions at this late date would create an unprecedented injustice to the Applicant in these proceedings and would render meaningless the very regulations this Board is required to uphold.
Respectfully submitted, MALCOLM H.
FURBUSH PHILIP A. CR ANE, JR.
Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106 (415) 781-4211 ARTHUR C. GEHR Snell & Wilmer 3100 Valley Center Phoenix, Arizona 85073 (602) 257-7288 BRUCE NORTON Norton, Burke, Berry & French, P.C.
3216 N. Third Street Suite 300 Phoenix, Arizona 85012 (602) 264-0033 Attorneys for Pacific Gas and Electric Company By Bruce Norton DATED:
November 16, 1981.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
Docket Nos. 50-275 O.L.
PACIFIC CAS AND ELECTRIC COMPANY
)
50-323 0.L.
)
(Diablo Canyon Nuclear Power
)
Full Power Proceeding Plant, Unit Nos. 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " APPLICANT PACIFIC GAS AND ELECTRIC COMPANY'S RESPONSE TO GOVERNOR BROWN'S AND JOINT INTERVENORS' BRIEFS dEGARDING CONTENTIONS FOR FULL POWER HEARINGS", dated November 16, 1981, have been served on the following by deposit in the United States mail, postage prepaid, or by delivery to Federal Express
- for delivery on November 17, 1981, this 16th day of November, 1981:
Mr. Thomas "oore, Chairman
- Joel Reynolds, Esq.*
Dr. W. Reed Johnson
- John R. Phillips, Esq.
Dr. John H.
Buck
- Center for Law in the 1
Atomic Safety and Licensing Public Interest Appeal Board 10951 W. Pico Boulevard U.S. Nuclear Regulatory Commission Third Floor Washington, D.C.
20555 Los Angeles, CA 90064 The Hon. John F. Wolf, Chairman Gordon Silver Atomic Safety and Licensing Board 1760 Alisal Street Mail Drop East West 450 San Luis Obispo, CA 93401 U. S. Nuclear Regulatory Comm'n Washirgton, D.C.
20555 Sandra A. Silver 1760 Alisal Street The Hon. Glenn O.
Bright San Luis Obispo, CA 93401 Atomic Safety and Licensing Board Mail Drop East West 450 Mr. Richard B. Hubbard U. S. Nuclear Regulatory Comm'n MHB Technical Associates Washington, D.C.
20555 1723 Hamilton Avenue - Suite K San Jose, CA 95125 The Hcn. Jerry R.
Kline Atomic Safety and Licensing Board Mail Drop East West 450 U. S. Nuclear Regulatory Comm'n
. Washington, D.C.
20555 Mrs. Elizabeth Apfelberg c/o Nancy Culver 182 Luneta Drive San Luis Obispo, CA 93401 t
y; David F.
Fleischaker, Esq.
Mrs. Raye Fleming P. O. Box 1178 1920 Mattie Road Oklahoma City, OK 73101 Shell Beach, CA 93449 Mr. Frederick Eissler Carl Neiburger Scenic Shoreline Preservation P. O. Box 112 Conference, Inc.
San Luis Ouispo, CA 93402 4623 More Mesa Drive Santa Barbara, CA 93105 William J. Olmstead, Esq.*
J. Anthony Kline, Esq.
Charles Barth, Esq.
Byron S.
Georgiou, Esq.
Lucy Swartz, Esq.
Legal Affair 3 Secretary Edward G. Ketchen, Esq.
to the Governor Office of Executive Legal 71 rector State of California BETH 042 State Capitol Building U. S. Nuclear Regulatory Comm'n Sacramento, CA 95814 Washington, D.C.
20555 Atomic Safety and Licensing Board
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Panel
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Herbert H.
Brown, Esq.*
Lawrence Coe Lanpher, Esq.
U.
S. Nuclear Regulatory Comm'n Hill, Christopher & Phillips Washington, D.C.
20555 1900 M Street, N.W.
Washington, D.C.
20036 Docketing and Service Section Office of the Secretary Mr. Frederick Eissler U.
S. Nuclear Regulatory Comm'n Scenic Shoreline Preservation Washington, D.C.
20555 Conference, Inc.
4623 More Mesa Drive Janice E. Kerr, Esq.
Santa Barbara, CA 93105 Lawrence Q. Garcia, Esq.
350 McAllister Street San Francisco, CA 94102 i
Bruce Norton l !
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