ML20035D959
| ML20035D959 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/08/1993 |
| From: | Culver N SAN LUIS OBISPO MOTHERS FOR PEACE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#293-13873 92-669-03-OLA-2, 92-669-3-OLA-2, OLA-2, NUDOCS 9304140153 | |
| Download: ML20035D959 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'93 Am 12 P 5 25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD c
In the matter of J
l Pacific Gos and Electric Company Docket Nos. 50-275-OLA-2 Diablo Canyon Nuclear Power Plant 50-323-OLA-2 Units 1 and 2 ASLBP No. 92-559-03-OLA-2 l
Focility Operating Licenses l
No. DPR-80 and DPR-82 April 8, 1993 l
Intervenor Son Luis Obispo Mothers for Peace Response to Memorandum and Order l
CAddendum to FES]
The NRC Stoff issued on Environmental Assessment ("EA") for the Dloblo l
Congon Nuclear Power Plant on February 3, 1993.
It concluded that "there are no new or unreviewed environmental impacts that were not considered os port of the Final Environmental Statement CFES] dated May 1973..."
EA at 2.
The Atomic Sofety and Licensing Board responded with a Memorandum and Order
[ Addendum to FESJCMorch 19, 1993], therein noting the existence of an Addendum to the FES issued in May of 1976 which modified some of the environmental impacts from the 1973 FES.
Additianolly, the Licensing Board posed two questions for the interested porties:
1.
Dces the e>:1stence of the Addendum, with its imcocts that differ in certcIn respects from those evoluoted in the May 1973 FES, inuclidate in whole or in part the conclusions reached by the staff in the February 3, 1993 EA?
l 2.
Does this omission support in sore degree NFP's challenge to the adequacy of the methodology used to produce the EA [ proposed Contention XI, at 2]?
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The Son Luis Obispo Mothers for Peace ["SLOMFF"] responds:
[1]
Although unclear at initial reading, once informed, SLONFP understands that the word " Addendum" in several locotions in the EA issued February 3, 1993, refers to the 1975 Addendum to the 1973 FES.
SLOMFP i
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cceepts that the NRC Stoff considered the differing environmental impacts noted in the Addendum in the conclusions reached in its EA.
[2]
- HOWEVER, SLOMFP maintains its challenge of these conclusions.
SLOMFP finds the l
l preparation of the EA to lock depth of analysis.
Ann Hodgdon, Counsel for the NRC Stoff, admitted at the Preheoring Conference EDecember 10, 1992]
that "the licensee puts in his opplication and environmental report which could be supplemented by other information.
That's the basis of the environmental ossessment.
Port of it is generic."
Transcript at 212.
j SLOMFP repeatedly hears the orgument ogoinst the issuonce of on Environmental Impact Statement ["E:S"] based on the fact that on EA was odequate for all other license recapture omendment requests to date.
PGSE states:
"In ossessing a contention osserting the need for on EIS, it is also essential to recognize that a CP recopture is not one of the actions requiring on EIS under 10 C.F.R.
S1.20.
The NRC hos already issued over 50 CP recapture amendments.
In all cases these omendments were the subject of on EA, not on EIS."
PG&E's Response to SLOMFP First Lote-Filed Contention EApril 2, 1993J ct 2S.
But 10 CFR 51.20 does not forbid the issuance of on EIS in this cose.
As a matter of fact, 10 CFR 51.2O[2] specifically allows the Commission to exercise discretion in the determination of cases where on EIS might be required.
Eoch nuclear power plant is unique and the need for on EIS should fit the circumstances of the plant and not the historic profiles of post CP recapture cases.
Furthermore, SLOMFP notes the circumstcnces that make the Dloblo Congon Nuclear Power Plant E"DCNPP"]
unique:
- 1) PG&E is requesting a " recapture" of 13 to 15 years.
No other CP recapture cose requested such a lengthy license extension.
13 to 15 years is c significont period of time that ucrronts more than a " generic' EA.
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l 23 SLOMFP hos already identified problems with the safe operation of DCNPP l
during the proposed period of operation.
Refer to SLOMFP Supplement to Petition to Intervene COctober 26, 1992), SLOMFP Late-Filed Contention CMorch 12, 1992], SLOMFP Second Late-Filed Contention Chorch 16, 1993J and l
l the letter and ottochments to the Atomic Sofety and Licensing Board i
1 regarding safety-related and non-sofety-related cable degradotion problems ot DCNPP.
33 DCNPP is situated 2 1/2 miles from on active earthquake foult.
For these reasons, SLOMFP finds that the " generic" methodology used by the NRC Stoff to prepore the EA for DCNPP is inadequate to meet the l
1 circumstances.
Respectfully Submitted, ib b
Noncy _alver, President Son Luis Cb1spo Mathers for Peace P.O.
Ec> 159 Pismo Eecch CA S3SSB
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'c3 FF12 PT mS Certificate of Service I hereby certify that copies cf the foregoing Son Luis Obispo Mothers for Peace Response to Second Set of Interrogatories and Request for Production of Documents Filed by Pacific Gas and Electric Company and Motion for Protective Order and Intervenor Son Luis Obispo Mothers for Peace Response to Memorandum and Order [ Addendum to FES) have been served upon the following persons by U.S.
mail, first class.
l Office of Commission Appellate Administrative Judge i
Adjudicotlon Charles Bechhoefer, Chairman U.S.
Nuclear Regulatory Commission Atomic Sofety and Licensing Board Washington, DC 20555 U.S.
Nuclear Regulatory Commission Ucshington, DC 20555 Administrative Judge Jerry Kline Administrative Judge Atomic Sofety ord Licensing Board Frederick J. Shon l
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Ucshington, DC 20555 U.S.
Nuclear Regulatory Commission Ucshington, DC 20555 Edward O'Neill Ann P. Hodgdon, Esq.
Peter Arth, Jr.
Office of the General Counsel Trumon Burns U.S. Nuclear Regulatory Commission Robert Kinosion Uoshington, DC 20555 Peter G.
Fairchild, Esq.
California Public Utilities Commission Joseph B.
- Knotts, Jr.,
Esq.
505 Von Ness Avenue i
Uinston & Strown Son Francisco, CA 59102 1900 L Street, N.W.
Ucshington, DC 20005 Adjudicotory File Secretory of the Ccmmission U.S. Nuclear Regulatory Commission Docketing and Service Bronch Ucshington, DC 20555 U.S.
Nuclear Regulatory Commission Uoshington, DC 20555 Robert R. Uellington, Esq.
Diablo Canyon Independent Sofety Committee 857 Coss Street. Suite D Monterey, CA 93590 Christopher Ucrner, Esq.
Richard Locke, Esq.
Pacific Gas cnd Electric Cc.
77 Becle Street Son Francisco, CA 991C5 A focsimile of Intervenor Son Luis Obispo Mothers for Peace Response to Memorandum and Order CAddendum to FES] was sent to Ann Hodgdon as requested by Judge Bechhoefer and ccmmunicated by telephone on April 6, 1993.
Octed April 8, 1593, Son Luis Obisco County, CA Jill ZomEk YY