ML20035F571
| ML20035F571 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/16/1993 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#293-13887 92-669-03, 92-669-3, OLA-2, NUDOCS 9304220041 | |
| Download: ML20035F571 (4) | |
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NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
, M@ fpg j g gg 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 April 16, 1993 MEMORANDUM (Ouestions for Parties)
The Licensing Board has before it three proposed late-filed contentions submitted by the Mothers for Peace (MFP),
together with responses opposing the first two of those contentions filed by the Applicant and the NRC Staff.
(Responses to the third contention should be filed by the Applicant on April 27, 1993, and by the Staff on May 4, 1993.)
Before ruling on these proposed contentions, we intend to provide a forum (either a prehearing conference at which parties would be present or a transcribed telephone 9304220041 930416 PDR ADOCK 05000275 Y
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-2 conference call) at which MFP may respond to the points raised by the Applicant and Staff.
Cf. Houston Lichtina and Power Co. (Allens Creek Nuclear Generating Station, Unit 1)e ALAB-565, 10 NRC 521 (1979).
At the conference, we would also discuss various outstanding discovery motions (some of which might be dependent on our rulings on the late-filed contentions).
Prior to the conference, we call on the parties to be prepared to address, inter alia, the following questions:
1.
What objection (on the merits, without regard to timeliness) would MFP (and other parties) have to litigating the " aging" aspects of the first late-filed contention in conjunction with Contention I (concerning the Surveillance and Maintenance programs)?
Cf. our suggestion that the earlier " aging" contention be litigated in that manner (LBP-93-1, 37 NRC 5, 25 (January 21, 1993)).
2.
With respect to the second late-filed contention, what rationale, if any, explains the apparent inconsistency between the Staff's evaluation of Thermo-Lag as being
" combustible" (NRC Information Notice 92-82, dated December 15, 1992, submitted as Attachment 2 to MFP's second late-filed contention), based on NIST tests, and the Applicant's designation of Thermo-Lag material as being
" noncombustible" under Underwriter Laboratories standards in its submission of its interim compensatory measures on
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' aptember 28, 1992 (Enclosure, Attachment 1, at 2)(approved by the Staff by letter dated October 27, 1992)?
Parties need not answer these questions prior to the conference, the schedule for which we will announce in the near future.
At present, we propose that the conference be conducted during the week of May 10-14, 1993.
If an "in person" conference is to be held, we would propose the NRC's Region V office at 1450 Maria Lane, Walnut Creek, CA.,
94596-5368 as a location.
(We plan to consult informally with the parties as to their views on the c'.esirability of an in-person conference vis-a-vis a telephone conference call, as well as the precise date and location.)
For the Atomic Safety and Licensing Board k'
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PA Charles Bechhoef'er, Chairman Administrative Judge #
Bethesda, Maryland April 16, 1993
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No.(s) 50-275/323-0LA-2 (Diablo Canyon Nuclear Power Plant, Unit Nos. I and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEM0 (QUESTIONS FR PARTIES have been served upon the following persons by U.S. mail, first class, excep)t as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Office of Comission Appellate Administrative Judge Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Ann P. Hodgdon, Esq.
C. J.
Warner, Esq.
Office of the General Counsel Richard F. Locke, Esq.
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 & Strawn Committee 1400 L Street, N.W.
857 Cass Street, Suite D Washirgton, DC 20005 Monterey, CA 93940
Docket No.(s)50-275/323-0LA-2 LB MEMO (QUESTIONS FR PARTIES)
Truman Burns Peter G. Fairchild, Esq.
Robert Kinosian California Public Utilities Comission California Public Utilities Comission 505 Van Ness Avenue 505 Van Ness, Room 4103 San Francisco, CA 94102 San Francisco, CA 94102 Nancy Culver, President Board of Directors Mothers for Peace P. O. Box 164 Pismo Beach, CA 93448 Dated at Rockville, Md. this 16 day of April 1993 Offite of the Secretary of the Commission
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