ML20034H840
| ML20034H840 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/11/1993 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | PACIFIC GAS & ELECTRIC CO. |
| References | |
| CON-#193-13712 92-669-03-OLA-2, 92-669-3-OLA-2, OLA-2, NUDOCS 9303220138 | |
| Download: ML20034H840 (7) | |
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.ma te U5tii:C 33 ' tRR 12 A10:18 UNITED STstTES OF AMERICA m re N y ChnM;.
NUCLEAR REGULATORY COMMISSION 00CKi i V ]I ' MI.
ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Semo PAR 1 21993 Charles Bechhoefer, Chairman Dr. Jerry R. Kline Frederick J. Shon In the Matter of Docket Nos. 50-275-OLA-2=
50-323-OLA-2 PACIFIC GAS AND ELECTRIC COMPANY ASLBP No. 92-669-03-OLA-2 (Diablo Canyon Nuclear Power Plant, Units (Construction' Period 1 and 2)
Recovery)
Facility Operating Licenses No. DPR-80 and DPR-82 March 11, 1993 MEMORANDUM AND ORDER (Discoverv-Motions) t Intervenor. San Luis Obispo Mothers for Peace.(MFP), by filing dated February'3, 1993,1 seeks entry to the Diablo Canyon site for purposes of a defined inspection.
On February 12, 1993,.the Applicant, Pacific Gas-and Electric Co.~(PG&E) filed a Preliminary Response and Motion for 1" Request...
.for Entry-Upon the Diablo Canyon Nuclear Power Plant, Units 1 and 2, Pursuantito 10 CFR_
2.741(a)(2) for the Purposes of Inspection, Measuring.and Photographing,'for Observation of Interim Fire-Protection.
Measures and Maintenance and Surveillance Activities, and for Other Activities as Authorized in the Provisions of 10 CFR 274 (a) (2). "
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, Protective Order.
MFP filed a response to this motion on March 3, 1993.2 By notion dated March 4, 1993 (faxed to the Board, the Applicant and the NRC Staff), MFP has also requested an extension of discovery time from March 8, 1993 until seven days following the site visit (currently scheduled for March 16-17, 1993).
PG&E filed a response to this motion on-March 10, 1993.
On March 11, 1993 we conducted a telephone conference l
call to consider these motions.
Participating in the' call were Ms. Jill ZamEk, Ms. June von Ruden and Mr. Steven Sholly (for MFP), David Repka, Esq., Christopher Warner, Esq. and Richard F.
Locke, Esq., for PG&E, and Ann P.
Hodgdon, Esq., for the NRC Staff.
The sought protective order motion is founded primarily on two different theories.
First, with respect to Contention I (Maintenance ari Surveillance Programs),
although concurring with MFP s requested facility tour, PG&E-seeks to limit MFP's questions of " maintenance personnel" to those asked on formal depositions and. oral examination or 1
written interrogatories, limiting the right of MFP,to question workers informally.
"PG&E will make individuals-2On February 24, 1993, we_ granted MFP's request (filed by FAX that same day and confirmed by a hard-copy filing).
i for an extension of_ time to permit it to respond by March 3, 1993.
We note that requests for extensions'of time should be in our hands the day prior to the expiration of the.
particular time period.
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available for deposition by MFP, but will not consent to informal, off-the-record interviews.". However, MFP, in its March 3, 1993 Reply, has agreed to interview workers by-formal depositions or interrogatories, so that this issue-by agreement has been resolved.
Second, with respect to contention V (Thermo-Lag), PG&E claims that certain of the MFP inquiries seek information-beyond the subject-matter scope of the contention that was admitted by our January 21, 1993 Prehearing Conference Order (LBP-93-1).
Specifically, it claims that the contention is limited to the-implementation of interim measures and.does not extend to the general acceptability of such measures.
In our Memorandum and Order (Discovery and Hearing Schedules), dated February 9, 1993, at 2, we ruled that the contention was limited to "the adequacy of the Applicant's adherence to interin measures."
This was because the cited bases for the contention were limited to matters concerning adherence to measures such as fire watches, barrier doors, and sprinkler systems.
In the context of discovery, however-, matters reasonably calculated to lead to information pertinent to.
the contention are also included.
10 C.F.R.
S D2.74 0 (b) (1). -
In terms of.the inspection that has been requested, how far.
(and in what areas) MFP may inspect cannot be answered in the abstract.
For-example,-it is meaningless to anticipate whether or not observation of an area adjacent to a-
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, i Thermo-Lag area could lead to information relevant to implementation of Thermo-Lag protective measures.
Walking the route of.a fire watch would appear to be reasonably calculated to lead to admissible evidence.
Thus, we are denvina the portion of the Applicant's Motion for Protective Order premised on the scope of Contention V.
As we set forth during the conference call, it is our understaniing that MFP will focus its examination j
reasonably, given tae limited scope of the contention as it now stands.
At the! hearing, however, we will limit the
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material introduced into evidence on this specific contention to that relevant to implementation of interim protective measures.
With respect to the general extension of time request, PG&E opposed the request generally but agreed to the requested extension with regard only to Contention I f
matters.
PG&E also sought assurance that the extension would be the only one sought by MFP.
f In our telephone ruling, we cranted MFP's request,
't without differentiation between the two contentions.
As 9
granted,'the extension permits. filing of additional l
discovery requests with respect to matters observed on.the site tour.
Such additional discovery requests must be filedL j
I by Friday, March 26, 1993.
This-ruling does not authorize' additional discovery on other' matters, for which MFP would l
have to file additional motions.
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For the Atomic Safety:and Licensing Board r
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o ?YAu brYk,Jl j Charles Bechhoefer,jChairman-
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ADMINISTRATIVE JUDGE Bethesda, Maryland March 11, 1993
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- a UNITED STATES OF AMERICA.
NUCLEAR REGULATORY COM41SSION In the' Natter of i
PACIFIC GAS AND ELECTRIC COMPANY Docket No.(s). 50-275/32310LA-2 y
'n (Diablo Canyon Nuclear Power Plant, Unit Nos. I'and 2)
CERTIFICATE OF SERVICE.
I hereby certify that. copies of the foregoing [LB M&O (DISCOVERY MOTIONS);
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have been served upon the following persons by U.S. mail, first class,--except.
d as othenvise noted and in accordance with.te requirements. of 10 CFR Sec. 2.712L l
Office of Comission Appellate Administrative Judge':
j Adju~dication -.
1 Charles ( Bechhnefer,L Chairman U.S. Nuclear Regulatory Comission
.AtomicjSafety and Licensing Board y
4 Washington, DC 20555 U.S. Nuclear Regulatory Commission:l Washington, DC: 20555 Administrative Judge Administrative' Judge
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Jerry R. Kline Frederick J.:Shon-
. Atomic Safety:and Licensing Board
. Atomic 1 Safety and Licensing Board.
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,U.S. Nuclear Regulatory Commission U.S.: Nuclear Regulatory Commission.-
1 Washington,:DC 20555 Washington,LDC' 20555 M
' Ann P. Hodgdon, Esq.
C. J.1. Warner, Esq.
Office of the General Counsel Richard F.;Locke; Esq.-
j U.S. Nuclear Regulatory Commission Pacific Gas & Electric Company' Washington, DC 20555 77 Beale Street San Francisco, CA 94106
-Robert R. Wellington, Esq.
Joseph B. Knotts, Jr;,:Esq.-
Diablo Canyon. Independent Safety Winston &.Stra n Comittee 1400 L. Street,.N.W.
1 857 Cass Street, Suite D Washington, DC: 20005-
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Monterey, CA.93940
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- Docket-No.(s)50-275/323-OLA-2 LB M&O (DISCOVERY MOTIONS)-
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Truman' Burns Peter G. fairchild,-Esq..
- Robert Kinosian California Public Utilities Commission California Public Utilities Commission 505 Van Ness Avenue 505 Van Ness,:RoomL4103 San Francisco, CAL 94102-San Francisco, CA 94102 Nancy Culver,1 President Board of Directors -
Mothers for Peace P. O. Box 164-Pismo Beach, CA' 93448-Dated at Rockville, Md. this-
- 12 day of Mtrch 1993 Off1'ce of the;5ecretary of. the Commission; a
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