ML20035F578
| ML20035F578 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/14/1993 |
| From: | Repka D PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#293-13888 OLA-2, NUDOCS 9304220049 | |
| Download: ML20035F578 (5) | |
Text
,
/3 228 April 14,14.riil D 1993
' A i.C I
UNITED STATES OF AMERICA
'93 APR 16 P3 :00 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD /
1/
- r l
In the Matter of:
)
)
Docket Nos. 50-275-OLA Pacific Gas and Electric Company
)
50-323-OLA '
)
(Construction Period (Diablo Canyon Nuclear Power
)
Recovery)
Plant, Units 1 and 2)
)
)
l PACIFIC GAS & ELECTRIC COMPANY'S i
l MOTION TO STRIKE IN PART SAN LUIS OBISPO MOTHERS FOR PEACE FILING REGARDING ADDENDUM TO FES On April 8, 1993, the San Luis Obispo Mothers For Peace l
("MFP") filed what is purported to be a responseF to the Licensing l
Board's March 19, 1993, Memorandum and Order (Addendum to FES).
However, the " response" barely addresses the Memorandum and Order at all.
Instead, the MFP filing revisits MFP's old arguments as to why MFP believes that an Environmental Impact Statement ("EIS") is needed for the proposed license amendment at issue in this proceeding.
The filing in fact constitutes an unauthorized reply l'
to PG&E's recent oppositionF to MFP's untimely, unsupported EIS contention.
r l
F "Intervenor San Luis Obispo Mothers for Peace Response to Memorandum and Order (Addendum to FES)," dated April 8, 1993
("MFP Response").
F
.S_ge " Pacific Gas & Electric Company's Response to San Luis Obispo Mothers For Peace First Late-Filed Contention," dated April 2, 1993.
9304220049 930414 PDR ADOCK 05000275 g
,30 l
The Licensing Board's March 19, 1993, Memorandum and Order asked two very specific questions regarding the 1976 Addendum to the NRC Staff's Final Environmental Statement for the Diablo Canyon Plant. However, MFP's response is not so limited or organized.
At the threshold, MFP provides its only relevant answer:
"SLOMFP accepts that the NRC Staff considered the differing environmental impacts noted in the Addendum in the conclusions reached in its EA."
MFP Response at 1-2.
This is it.
The Licensing Board need read no further; it has the answer to its questions with all parties apparently in agreement.
MFP, nonetheless, launches into a long argument regarding the need for an EIS -- an issue not raised.'n the Licensing Board's two questions.
First, MFP at page 2 of the filing, expressly responds to PG&E's opposition to the late EIS contention.
MFP there addresses (out of context) one of the many reasons provided by PG&E as to why the late EIS contention should not be admitted.
- Second, MFP, at page 3 of the filing, claims to have " identified problems" with operation of the DCPP plant.
While PG&E disputes the assertion, there is in any event no relevance to the issue at hand, i.e.,
the Board's questions.
Finally, MFP, at page 3 of the filing, nods to the long-ago-resolved issue regarding the proximity of Diablo Canyon to "an active earthquake f ault." Obviously, there is no correlation between this non-specific, well-worn assertion and the Licensing Board's questions.
As observed in PG&E's response to MFP's request for an j
extension of time to respond to the Licensing Board's questions,l' neither the Addendum nor the Licensing Board's questions should provide MFP an occasion to revisit arguments regarding the need for an EIS, or for MFP to reply to PG&E's opposition to the late-filed EIS contention. The April 8,1993, MFP filing should be struck, as unauthorized and non-responsive, to the extent it covers matters j
i beyond the Licensing Board's March 19, 1993, questions.
j i
Respectfully submitted, A.d.b29 N Joseph B.
Knotts,'Jr.
David A. Repka WINSTON & STRAWN 1400 L Street, N.W.
Washington, DC 20005-3502 (202) 371-5726 Christopher J. Warner Richard F. Locke PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street San Francisco, CA 94106 Attorneys for Pacific Gas and Electric Company Dated in Washington, DC this 14th day of April, 1993 2'
" Pacific Gas & Electric Company's Response to Srn Luis Obispo Mothers For Peace Extension Request re Board (guestions", dated April 2, 1993.
UNITED STATES OF AMERICA
- . ; m.
NUCLEAR REGULATORY COMMISSION ANhi:
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD w APR 16 P3 :00 In the Matter of:
)
)
Docket Nos. 50:275-OLA i; j
Pacific Gas and Electric Company
)
50-323'OLA
)
(Construction Period (Diablo Canyon Power
)
Recapture) j Plant, Units 1 and 2)
)
)
1 CERTIFICATE OF SERVICE I hereby certify that copies of " PACIFIC GAS & ELECTRIC COMPANY'S MOTION TO STRIKE SAN LUIS OBISPO MOTHERS FOR PEACE FILING REGARDING l
ADDENDUM TO FES" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk (*), by deposit for Federal Express overnight delivery, or, as indicated by the (t) symbol, by hand delivery, this i
14th day of April, 1993.
Charles Bechhoefer, Chairman (t)
Frederick J. Shon(t)
Administrative Judge Administrative Judge 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 i
Jerry R. Kline(t)
Office of Commission Appellate Administrative Judge Adjudication i
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Office of the Secretary Ann P. Hodgdon, Esq.e U.S.
Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission Attn:
Docketing and Service Washington, DC 20555 Section (original + two copies)
Adjudicatory File Peter Arth, Jr.
Atomic Safety and Licensing Edward W.
O'Neill Board Panel Peter G.
Fairchild U.S. Nuclear Regulatory Commission California Public Utilities Washington, DC 20555 Commission 505 Van Ness Avenue San Francisco, CA 94102
Nancy Culver, President Truman Burns Board of Directors California Public Utilities San Lu).s Obispo Mothers for Peace Commission P.O. Box 164 505 Van Ness, Rm. 4103 Pismo Beach, CA 93448 San Francisco, CA 94102 Robert E. Wellington, Esq.
Christopher J. Warner, Esq.*
Diablo Canyon Independent Safety Richard F.
Locke, Esq.
Committee Pacific Gas & Electric Company 857 Cass Street, Suite D 77 Beale Street Monterey, CA 93940 San Francisco, CA 94106 Robert Kinosian Jill ZamEk*
California Public Utilities 1123 Flora Road Commission Arroyo Grande, CA 93420 505 Van Ness, Rm. 4102 San Francisco, CA 94102 Mr. Gregory Minor MHB Technical Associates 1723 Hamilton Ave., Suite K San Jose, CA 95125 d
OB b 5
David A.
Repka 1
Counsel for Pacific Gas &
Electric Company k