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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20211N0401999-09-0303 September 1999 Exemption from 10CFR50.44(d) & (E) to Remove Hydrogen Control Requirements from SONGS Units 2 & 3 Design Basis. Exemption Also Allows Licensee to Modify Emergency Operating Instructions to Remove Operator Action Requirements ML20206G6481999-04-27027 April 1999 Exemption from Certain Requirements of 10CFR50.71(e)(4) Re Submission of Revs to UFSAR for San Onofre Nuclear Generating Station,Units 2 & 3 ML13319B1321999-02-25025 February 1999 Transcript of 990225 Plant Unit 1 Decommissioning Meeting in San Clemente,Ca.Pp 1-84 ML20198Q8481998-01-15015 January 1998 Comment Opposing PRM 50-63A by Pg Crane Amending Petition for Rulemaking Re Use of Potassium Iode ML20198P7461998-01-11011 January 1998 Comment on Petition for Rulemaking PRM 50-63A Re Aftermath of Nuclear Meltdown at San Onofre NPP & Possibility of Nuclear Emergency Caused by Navy Proposed Mixed Waste Facility & Plans to Homeport Nuclear Carriers in San Diego ML20203F7541997-09-30030 September 1997 Transcript of 970930 Predecisional Enforcement Conference of Util in Arlington,Tx ML20210T0401997-08-29029 August 1997 Order Approving Application Re Corporate Restructuring of Enova Corp,Parent of San Diego Gas & Electric Co,By Establishment of Holding Company W/Pacific Enterprises ML20138K0721997-05-0202 May 1997 Comment Opposing Proposed Rule 10CFR73 Re Physical Protection of Plants & Matls ML20149H5221997-04-25025 April 1997 Amended Emergency Petition Re Degradation of Steam Generator Internal Tube Supports (Egg Crates),Based on 970417 Rept. Plant Will Not Be Able to Completely Withstand Major Seismic Event ML20091R5651995-08-31031 August 1995 Comment on Review of Revised NRC SALP Program.Recommends That SALP Assessment Process Either Be Abandoned or Justified as within Authority of NRC Through Appropriate Rulemaking ML20058E3351993-11-19019 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Categories of Personnel Listed in 10CFR50.120 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20046A9191993-07-19019 July 1993 Comment on Proposed Rules 10CFR170 & 171 Re NRC Fee Policy. Opposes Rule ML20045F8901993-07-0202 July 1993 Exemption from Requirements of 10CFR50.54 to Allow Approvals Provided for Therein to Be Granted by Certified Fuel Handler ML13312A6931993-05-21021 May 1993 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-206/93-14 & 50-206/93-06 ML20044D3551993-05-13013 May 1993 Comment on Draft Insp Procedure 38703, Commercial Grade Procurement Insp. Believes Appropriate Application of NRC Endorsed Stds to Critical Characteristics Remains Responsibility of Licensee Re Engineering Judgement ML20035A3521993-03-18018 March 1993 San Diego Gas & Electric Company Nuclear Facilities Qualified California Public Utilities Commission Decommissioning Master Trust Agreement for San Onofre Nuclear Generating Stations ML20035A3481993-03-18018 March 1993 San Diego Gas & Electric Company Nuclear Facilities Non-Qualified California Public Utilities Commission Decommissioning Master Trust Agreement for San Onofre Nuclear Generating Station ML13309A3601992-11-20020 November 1992 Exemption from Requirements of 10CFR50.54(o) & 10CFR50, App J Re Containment Leakrate Testing ML20087E1841991-12-31031 December 1991 Exemption Granted to Allow Duration of Next Requalification Cycle to Exceed 24-month Period Prescribed in Regulation ML20073M4081991-05-0707 May 1991 Exemption from Conducting Third Type a Test in 10 Yr Svc Period During Unit Shutdown for 10 Yr ISI ML20056B3671990-08-0909 August 1990 Exemption from Requirements of 10CFR70.24, Criticality Accident Requirements. Exemption Allows Handling & Storage of Irradiated or Unirradiated Fuel Assemblies at Station W/O Having Two Criticality Monitoring Sys ML20055F0001990-06-20020 June 1990 Comment Opposing Proposed Rule 10CFR55 Re Operator Licenses. Proposed Rule Unnecessary & Can Only Adversely Impact Safe Operation of Nuclear Power Facilities by Negatively Affecting Morale of Licensed Operators ML13309A0881990-01-0202 January 1990 Order Confirming Licensee Commitments on full-term OL Open Items Re Installation of Reactor Vessel Level Indication Sys During Cycle 12 Refueling Outage Instead of Cycle 11 ML13316B4151989-07-13013 July 1989 Exemption from Technical Requirements of Section III.G.3 of App R to 10CFR50 Re Installation of Fixed Fire Suppression Sys in Pipe Tunnel ML20247L3791989-05-25025 May 1989 Transcript of 890525 Hearing in San Diego,Ca.Pp 150-278. Supporting Info Encl.Witnesses:A Keltz,A Talley,W Flynn, E Cone,N Hunemuller,J Zwolinski ML13316B3611989-05-10010 May 1989 Order Requiring Full Compliance W/Generic Ltr 82-28, Inadequate Core Cooling Instrumentation Sys, Including Addition of Reactor Water Level Monitor ML20245J6161989-04-25025 April 1989 Notice of Withdrawal of 840307 Application for Amends to Licenses NPF-10 & NPF-15,revising Tech Specs to Reflect Changes in Util Organizational Structure & to Incorporate New NRC Reporting Requirements ML13316B2731989-01-25025 January 1989 Exemption from 10CFR50,App J Requirements Re Containment Air Lock Testing ML20195G9881988-11-12012 November 1988 Requests 90-day Extension in Order to Submit Public Comment on 10CFR26 Re Fitness for Duty Program ML20195H1611988-11-12012 November 1988 Requests 90-day Extension of Public Comment Period for Proposed Rule 10CFR26 Re Fitness for Duty Issue for Nuclear Power Plant Workers ML20195H3221988-11-12012 November 1988 Requests 90-day Extension to Submit Comment on Proposed Rule 10CFR26 Re Fitness for Duty Issue ML20195H1751988-11-12012 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Unannounced Random Tests for Drug Use Should Not Be Part of Program ML20206D7531988-11-0808 November 1988 Requests Extension of Comment Period for 10CFR26 Re Random Drug Test Issue for Nuclear Power Plants.Period Provided Inadequate as Fr Notice Just Received ML20205D5691988-10-21021 October 1988 Memorandum.* Board Confirms Listed Schedule for Completing Case as Discussed W/Parties During 881018 Prehearing Conference.Served on 881024 ML20205D7301988-10-18018 October 1988 Transcript of 881018 Prehearing Conference in San Diego,Ca. Pp 1-62 ML20204F0291988-10-0606 October 1988 Comment on Proposed Rule 10CFR26 Re Drugs in Nuclear Workplaces ML20155D0011988-10-0303 October 1988 Exemption from 10CFR50.54(w)(5)(i) Requirements Re Onsite Property Damage Insurance Until Rulemaking Finalized But No Later than 890401 ML20155A1541988-10-0303 October 1988 Exemption from Requirements of 10CFR50.54(w)(5)(i) Re Onsite Property Damage Insurance Pending Completion of Rulemaking But No Later than 890401 ML20154D9891988-05-0909 May 1988 Order (Resolving Remanded Medical Svcs Issue).* Adequate Measures to Protect Public in Event of Radiological Emergency Taken.Served on 880510 ML20151P3771988-03-22022 March 1988 Stipulation & Proposed Order Re Remand of Medical Svcs Issue.* Stipulates That Parties Involved Reviewed Relevant Documentation Re Licensee Compliance w/10CFR50.47(b)(12) Including Licensee 870629 Submittal.W/Declaration of Svc ML13331B0091988-02-0808 February 1988 Requests Partial Exemption from Requirements of 10CFR171.15. Surcharge Levied in Addition to 10CFR171 License Fees Should Not Exceed Listed Amount ML20237B1861987-12-11011 December 1987 Transcript of 871211 Telcon in Bethesda,Md.Pp 19-24 ML20235R5441987-10-0101 October 1987 Notice of Appearance.* Certificate of Svc Encl ML20238F1691987-09-10010 September 1987 Notice of Withdrawal.* All Mail & Svc Lists Should Be Amended to Delete Author Name After 870921.W/Certificate of Svc ML20216J8751987-06-29029 June 1987 Licensee Submittal Re Emergency Medical Svcs (10CFR50.47(b)(12)).* Completed Arrangements for Offsite Emergency Medical Svcs,Including Annual Conduct of Emergency Drills Since 1981,discussed ML20206T1731987-04-20020 April 1987 Notice of Reconstitution of Aslb.* Sj Wolfe,Chairman & Ch Hand & Eb Johnson,Members.Served on 870421 ML20205R3881987-04-0101 April 1987 Notice of Appearance.* Ck Oconnell Will Appear on Behalf of Southern California Edison Co,San Diego Gas & Electric Co & Cities of Riverside & Anaheim,Ca ML20205R3571987-04-0101 April 1987 Applicant Status Rept on Implementation of Emergency Medical Procedures.* Applicant Close to Completing Emergency Medical Svcs Arrangements & Will Make Ordered Filing at Earliest Possible Time.Declaration of Svc of Mail Encl 1999-09-03
[Table view] Category:PLEADINGS
MONTHYEARML20149H5221997-04-25025 April 1997 Amended Emergency Petition Re Degradation of Steam Generator Internal Tube Supports (Egg Crates),Based on 970417 Rept. Plant Will Not Be Able to Completely Withstand Major Seismic Event ML13312A6931993-05-21021 May 1993 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-206/93-14 & 50-206/93-06 ML13331B0091988-02-0808 February 1988 Requests Partial Exemption from Requirements of 10CFR171.15. Surcharge Levied in Addition to 10CFR171 License Fees Should Not Exceed Listed Amount ML20113E4511985-04-11011 April 1985 Response Opposing Applicant Motion Re Arrangements for Medical Svcs.Motion Deficient in Complying W/Procedures in 10CFR2.749 & Matl Submitted W/O Motion to Amend Record.Proof of Svc Encl.Related Correspondence ML20076C7901983-08-16016 August 1983 Petition for Review of Final NRC 830621 Order Denying as Carstens,State of CA & Friends of the Earth Petition for Review & Affirming ASLB 820111 & Aslab 830304 Decisions Granting Ol.W/Certificate of Svc.Related Correspondence ML20023D0901983-05-16016 May 1983 Motion to Augment Record to Include Various Revised County Emergency Plans & Other Documents Re Emergency Planning. Decisions Should Reflect Current Info.Declaration of Svc Encl ML20073G1351983-04-11011 April 1983 Answer in Opposition to Intervenor Carstens,Et Al 830307 Petition for Review of Seismic Issuances.Alleged Matters Do Not Fall within Scope of Petition for Review.Aslb & Aslab Properly Discharged Statutory Duty.Certificate of Svc Encl ML20072T5831983-04-0505 April 1983 Answer Opposing Intervenor 830321 Petition for Review of Emergency Planning Issues.Intervenor Fails to Raise Issue of Inconsistent Factual Determinations Between ASLB & Aslab or Important Issue of Policy or Safety.Declaration of Svc Encl ML20069F4941983-03-21021 March 1983 Petition for Review of Emergency Planning Issues Re Scope & Nature of Participation of FEMA in Licensing Process. Guidelines for Communications Between Applicants & FEMA Should Be Established.Certificate of Svc Encl ML20064J7911983-01-14014 January 1983 Motion to Modify ASLB 820514 Initial Decision to Provide Addl 6-month Period of Full Power Operation Pending Final Resolution of Offsite Medical Svcs Issue.Licenses Do Not Authorize Operation Beyond 830217.Declaration of Svc Encl ML20063P3391982-10-0808 October 1982 Objections to ASLB 821001 Memorandum & Order Re Medical Arrangements.Order Proposes Hearing on Issues Beyond Scope of Commission Emergency Planning Regulations & Requires Evidence Beyond NUREG-0654 Stds.Declaration of Svc Encl ML13317A2461982-08-0303 August 1982 Supplemental Requests for Exemption from Listed Fire Protection Rule Implementation Schedule & Request for Reconsideration of Exemption Decision to Allow Safe Shutdown Measures Implementation W/Coordination of SEP ML20054G5711982-06-16016 June 1982 Response Opposing Guard & Carstens 820601 Application for Stay of Full Power License.Intervenors Failed to Show ASLB Erred & That Intervenors Likely to Prevail on Merits.No Irreparable Injury Shown ML20054G3221982-06-16016 June 1982 Response Opposing Intervenor 820601 Application for Stay of Full Power License.No Requirements for Stay Met.Initial Decision Correctly Decided & Intervenors Will Not Prevail on Merits.Certificate of Svc Encl ML20053E8101982-06-0404 June 1982 Withdrawal of Applicant 820521 Comments on ASLB 820514 Initial Decision.Comments Rendered Moot by ASLB 820525 Order Making Clarifying Changes in Initial Decision. Certificate of Svc Encl ML20053D2841982-05-26026 May 1982 Answer Opposing Carstens 820511 Application for Stay of Low Power License.Balancing of 10CFR2.788(e) Factors Does Not Weigh in Favor of Intervenor.Certificate of Svc Encl ML20053D0811982-05-26026 May 1982 Response Opposing Intervenor Carstens 820511 Request for Stay of Low Power License & Appeal from Aslab Denial.Fuel Loading Complete & Low Power Tests Underway.Stay Would Seriously Interrupt Program.Certificate of Svc Encl ML20051J9041982-05-10010 May 1982 Application for Stay of Low Power License & Appeal from Denial of Stay by Aslab.All Four Criteria for Granting Stay Are Met.Certificate of Svc Encl ML20042A4311982-03-18018 March 1982 Requests for Exemption from 10CFR50.54(t) to Permit 1-yr Extension for 820401 Deadline for Required Annual Emergency Preparedness Program Review.Fema Recent Comprehensive Onsite & Offsite Emergency Preparedness Review Justifies Request ML20041E2441982-03-0101 March 1982 Brief in Support of Exceptions to ASLB 820111 Partial Initial Decision.Upgraded Emergency Stds Should Be Observed Before Low Power License Granted.Certificate of Svc Encl ML20041C3051982-02-23023 February 1982 Requests Svc List Be Modified to Delete DW Gilman & R Lacy & Add Gd Cotton & L Bernath.Proof of Svc Encl ML20040G0001982-02-0808 February 1982 Second Suppl to Application for Exemption from Deadline to Install Fire Safety Measures.Emergency Lighting Substantially Complete But Addl Month Needed to Correct Technical Problems & Complete Required Documentation ML20040H0821982-02-0808 February 1982 Response Opposing Carstens 820127 Application for Stay of Low Power License.Intervenors Unlikely to Prevail on Merits. ASLB Correctly Ruled on Inadmissability of Testimony Re Christianitos Fault ML20040D7521982-01-26026 January 1982 Exceptions to ASLB 820111 Initial Decision ML20039E7051982-01-0404 January 1982 Suppl to Util 811109 Application for Exemption from Deadline to Install Certain Fire Safety Measures.Requests Extension of Deadline Until 820117 to Install 8-h Emergency Lighting ML20039C6981981-12-28028 December 1981 Response Opposing Consolidated Intervenors 811216 Motion to Reopen Record & Suppl Findings of Fact.Fema Updated Evaluation Is Evidence of Continuing Efforts to Implement Final Corrective Actions ML20039E1871981-12-28028 December 1981 Reply Opposing Intervenors 811216 Motion to Reopen Record & for Further Hearings on Emergency Planning & Preparedness Issues.Extreme Cost & Inconvenient Nature of Addl Proceeding Not Justified by Updated FEMA Findings.W/Certificate of Svc ML20039C2281981-12-22022 December 1981 Application for Exemption from Requirement to Install Emergency Lighting Inside Containment.Exemption Necessary Due to Potential Hazards Presented by Permanently Installed Batteries Inside Containment ML20039B5421981-12-16016 December 1981 Motion to Reopen Record & Suppl Findings of Fact in Response to NRC 811202 Motion to Suppl Record.Fema 811113 Evaluations Demonstrate Need for Further Evidence Re Protection in Case of Radiological Emergency.Certificate of Svc Encl ML20033D0081981-12-0202 December 1981 Motion to Suppl Record W/Fema Updated Findings Evaluation of Plans & Implementation Capabilities of State & Local Govts. Certificate of Svc Encl ML13330A9111981-11-0909 November 1981 Supplemental Application for Exemption from Deadline to Submit Fire Safety Plans & Schedules ML13330A9081981-11-0404 November 1981 Application for Exemption from Deadline to Install Certain Fire Safety Measures ML20011A6001981-10-21021 October 1981 Brief of Proposed Findings of Fact & Conclusions of Law Opposing Applicant Alternative Motion for OL for Fuel Loading & Low Power Testing.Compliance W/Upgraded Emergency Stds Necessary.Certificate of Svc Encl ML20031A3391981-09-18018 September 1981 Response Opposing Licensees 810622 Petition for Extension of Effective Deadline of CLI-80-21 & NRC 810731 Response Recommending 1-yr Extension.No Justification That Utils Unable to Qualify Equipment.Certificate of Svc Encl ML20031B4381981-09-18018 September 1981 Memorandum of Low Opposing Guard & Carstens Proposal That Two Addl Issues Be Heard Re Applicants Alternative Motion for Fuel Loading & Low Power Testing License.Issue Irrelevant to Admitted Contentions.Declaration of Svc Encl ML20010G5611981-09-18018 September 1981 Response Opposing Intervenors 810831 Request for Consideration of Two Addl Issues in Context of Low Power Licensing.Contention 1 Must Be Considered New Contention & as Such,Does Not Meet Specificity & Basis Requirements ML20031A3561981-09-14014 September 1981 Memorandum of Points & Authorities Supporting Guard & Carstens Proposed Issues to Be Considered During Low Power Hearings.Issue 1 Tied to Emergency Planning in Context of Low Power.Certificate of Svc Encl ML20030D9341981-09-14014 September 1981 Answer Opposing Ucs 810831 Motion Re CLI-80-21 & Utils 810622 Petition for Extension of Deadline.Matter Should Not Be Docketed as Involving Ucs Petition.Ucs Should Not Be Added to Svc List.Certificate of Svc Encl ML20031A1131981-09-11011 September 1981 Brief,In Form of Pleading,Supporting Proposed Findings of Fact & Conclusions of Law on Geology/Seismology Issues Per ASLB Stipulation & Confirming Order.Certificate of Svc Encl ML20010E5131981-08-31031 August 1981 Motion for Opportunity to Respond to Utils 810622 Petition for 13-month Extension of 820630 Deadline Imposed by CLI-80-21 & NRC 810731 Response.Requests Svc of Past & Future Filings.Certificate of Svc Encl ML20010D8941981-08-31031 August 1981 Response Supporting Applicant 810817 Request for Certification of Issue to Commission.Question Should Be Clarified & Restated.Major Question of Law & Policy Involved.Certificate of Svc Encl ML20010F8831981-08-31031 August 1981 Alternative Motion for OL Authorizing Loading Fuel, Proceeding to Initial Criticality,Performing Startup Tests & Testing at 5% Power.Motion Is Alternative If ASLB Considers Record Inadequate to Support Full Power OL ML20010F8871981-08-31031 August 1981 Memorandum of Points & Authorities Supporting Applicants 810831 Alternative Motion for Fuel Loading & Low Power Testing Ol.Delay in Commencement of Low Power Testing Will Mean Addl Expenses to Ratepayers.Certificate of Svc Encl ML20037D7441981-08-24024 August 1981 Memorandum Opposing Guard 810820 Motion for Continuance. Preparing Testimony Re Emergency Planning Zones Does Not Affect Hearing on Other Issues.Guard Had Sufficient Time to Prepare Case.Two Certificates of Svc Encl ML20030D0681981-08-24024 August 1981 Trial Memorandum Re Emergency Planning Contentions Hearings. Describes Facts Leading to Hearings,Lists Contentions, Outlines Applicants Order of Proof & Summarizes Testimony of Applicants Witnesses ML20030D0431981-08-24024 August 1981 Memorandum Opposing Guard 810820 Motion for Continuance. Preparing Testimony Re Emergency Planning Zones Does Not Affect Hearing on Other Issues.Guard Had Sufficient Time to Prepare Case.Proof of Svc Encl ML20030D1901981-08-20020 August 1981 Request for Continuance of Hearing Until 810908.GUARD Only Recently Learned of Responsibility for Emergency Planning Zone Contention & Time Needed for Adequate Preparation ML20010C9121981-08-17017 August 1981 Request for Certification of Questions to Commission. Questions Concern ASLB Requiring Consideration of Emergency Planning Features Re Earthquake in Excess of SSE ML20010C9251981-08-17017 August 1981 Memorandum of Points & Authorities Supporting Applicants 810817 Request for Certification of Questions to Commission. Questions of Law & Policy Presented Will Cause Irreparable Injury.W/Certificate of Svc & Proposed Order ML20010C9181981-08-17017 August 1981 Memorandum Opposing Issue Raised Sua Sponte by ASLB 810807 Order.Legal Authority or Factual Basis Does Not Support ASLB Exercise of Sua Sponte Powers 1997-04-25
[Table view] |
Text
1 l
D 37))b 1
PHYLLIS M.
GALLAGHER, Esq.
1695 W. Crescent Avenue, Suite 222 2
-Anaheim, CA 92801
'81 F.il 21 N0 54 3
CHARLES E.
McCLUNG, JR.
d144 f--
FLEMING, ANDERSON, McCLUNG & FINCH 4
24012 Calle de la Plata, Suite 330 Laguna Hills, CA 92653 m
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8 UNITED STATES OF AMERICA
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9 NUCLEAR REGULATORY COMMISSION \\d f
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s 10 BEFORE THE ATOMIC SAFETY AND LICENSING EOARD 11 12 13 ln the Matter of
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Docket Nos. 50-361 OL
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50-362 OL 14 SOUTHERN CALIFORNIA FDISON
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COMPANY, ET NL.
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MOTION TO REOPEN THE RECORD 15
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AND SUPPLEMENT FINDINGS OF (San Onofre Nuclear
)
FACT IN RESPONSE TO NRC 16 Generating Station, Units 2 and 3) )
STAFF'S MOTION TO SUPPLEMENT
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THE RECORD 17
)
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18
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19 TO THE ATOMIC SAFETY AND LICENSING BOARD AND ALL PARTIES:
20 The Intervenors and Guard and Carstens, et al. HEREBY MOVE 21 to Re-open the Record and Supplement their Findings of Fact as 22 set forth below, pursuant to the Board's Order dated October 6, 23 1981 and transcript page 11,362.
24 INTRODUCTION 25 This Motion is the Intervenors' response to the Staf f 's Motion 1)SGi3 26 to supplement the Record, dated December 2, 1981 in which the up-1 27 dated Federal Emergency Management Agency (FEMA) evaluations,
//
28 dated November 16, 1981 (New Findings) were served upon the Board 8112230217 811216 PDRADOCK05000gg G
_y_
~
I and the Parties.
that there is-reasonable 2
The applicants in their emergency plarining case e'r,t/as ',
3 surance that the health and safety of the public will be p'rotected-4 in the event of an accident with offsite consiequences at. San i
5 Onofre Nuclear Generating Station Units 2 and 3 (SONGS 2 a_nd.. 3).
6 The crux of applicants' position is that whatever ' deficiencies 7
exist in the various plans will be corrected before ful'1 power
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8 operation of'the plant.
It is with this type"of argumeEt that s
9 the applicant derogates the FEMA findings, date'd June'3,~1981 and 10 the California Office of Emerge'ncy Services evaluation of the 11 various offsite jurisdiction plans and procedures.
The, applicants' 12 witnesses have stated categorically over and over'that the PEMA 13 review was inadequate because it did not look at certain SOP's 14 which were in existence and that all the deficiencies noted by 15 FEMA would be cured by November 1, pursuant to the action plan 16 negotiated between FEMA and the applicants, which is attached to 17 the New Findings.
18 The updated PEMA evaluation, dated November 16, 1981, casts 19 serious doubts on the applicants' promises to upgrade the. st atus 20 of emergency preparedness.
It is the Intervenors position that 21 further hearings and written testimony would be helpful, subject 22 to cross-examination to demonstrate that the applicants and tha i
l 23 offsite jurisdictions actually will do what they have promised to,dc 24 to test whether those actions are sufficient.
It is Intervenors' 25 position that without a further review and hearing the FEMA evalua-26 tions of November 16, 1981 can only be considered so far as they i
27 disclose deficiencies in the emergency planning and they c anot 28 be used in any way to demonstrate that the applicants have complied
+.
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1 with the regulations or met its burden of proof on the contentions.
2 (Memorandum and Order (CLI-81-22) 9-21-81, Diablo Canyon low power.)
3]IccordinglytheIntervenorsbelievethatalimitedhearingcon-4 sisting of a FEMA witness, an applicant witness and one or two 5
local jurisdiction witnesses, is necessary to demonstrate that the 6
future promises and predictions of the applicant are valid in 7
light of this substantial evidence that they may not be.
8 The a6 n of the New Findings also adds significant weight 9
and importan-a to the licensing conditions proposed by the Inter-10 venors and the Intervenors Findings of Fact which rely upon many 11 of FEMA's earlier evaluations.
Accordingly the Intervenors request s.
12 that the Board allow them to amend their Findings of Fact or supple-13 ment their Findings of Fact and Conclusions of Law to incorporate
~
14 the New Findings.
15 SPECIFIC REFERENCES TO FEMA EVALUATION 16 The Board in its Order of October 6, 1981 asked for the par-17 ties to be specific in their showing of good cause for why the 18 record should be re-cpened.
With respect to that suggestion the 19 Intervenors hereby set forth a list of the serious deficiencies 20 noted by PEMA'with references to the New Findings.
21 The applicants' letter from Mr. Baskin to 22 a Mr. Sandwina of FEMA attached to the New Findings indicates the 23 app)icants believe that all the corrective measures in the action 24 plan have been completed.
The FEMA evaluation indicates that this 25 is not the case and significant deficiencies remain.
26 1.
So9s:
The New Findings indicate that the SOPS that 27 were promised by the applicants have not yet been 28 produced.
The SOPS made part of the evidence of
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,3 ~
j,
i 1
this hearing were draf ted by the applicants' con-2 tractor and will not serve as a basis for a 3
finding that the emergency planning and imple-4 mentation is adequate at this time.
(New Findings 5
III. D.;
G.,
l.,
3.; IV. A.)
6 2.
Training:
The New Findings indicate that the 7
training program is incomplete and that materials 8
submitted to FEMA (which it can be assumed are 9
the same as those materials provided by the ap-10 plicants as evidence in this proceeding) are 11 insufficient.
(New Findings III. G.
6.; IV. H.)
12 3.
Drills:
FEMA has indicated that it is impossible 13 fer them to evaluate whether the new SOPS for 14 radiation, monitoring and assessment and whether 15 the training program is appropriate without further 16 drills.
The New Findings indicate that no drills 17 have been conducted.
(New Findings II. B.; III.
18 G.
l.,
6.; IV. F.)
19 4.
Public Notification and Warnings:
The New Findings 20 indicate that the siren system has not yet beer.
21 tested and that the tests were in fact cancelled 22 and postooned to an uncertain date next year.
23 It is crucial that FEMA review whether or not 24 the siren coverage is as set forth by the applicants 25 in this proceeding.
The fact that the applicants 26 did not allow FEMA to have an updated review of 27 the siren capability as part of these New Findings 28 can only be interpreted that there are currently 1
problems with the siren system.
FEMA also points 2
out again that the siren system does not reach 3
the areas of Dana Point and San Juan Capistrano 4
which should be part of the emergency planning 5
zone.
(New Findings III.
C.,
G4. ; IV. C.)
6 The FEMA evaluation concludes (again) by sayina that if all 7
corrective actions are taken to correct these deficiencies then 8
(tautologically) there will be reasonable assurance that the 9
health and safety of the populace will be protected around SONGS 10 2 and 3.
The problem with this analysis is that promises of work 11 to be done in the future taken together with demonstrated non-12 performance of prior promises cannot provide reasonable assurance 13 that the corrective actions will be taken in the future.
In fact, 14 of the utilities action plan, only the public information program 15 and the interim EOF are found to meet a standard of adequacy, and 16 in both of those cases FEMA recommends as do the Intervenors in 17 their proposed licensing conditions that the F0F be tested and 18 drilled and that the publir information program be tested to 19 see whether the informatic,n is actually reaching the people.
20 CONCLUSION 21 It is therefore respectively submitted that the further FEMA 22 evaluations, dated November 13, 1981 demonstrate the need for 23 further evidence in this record to prove that there is reasonable 24 assurance that the health and safety of the surrounding population 25 can be protected in the event of a radiological emergency at SONGS 26 2 and 3.
This Board should reopen the record and allow ft rther 27 hearings in this matter and allow fOr supplementation to the Find-28 ings of Fact filed by the parties.
Without such a hearing it is l
I the Intervenors position that the New Findings can only be used so 2
far as they demonstrate deficiencies in the emergency planning and 3
they cannot be used to support the applicants' case.
4 DATED:
December 16, 1981 5
6 Respectively submitted, 7
8 PHYLLIS M.
GALLAGHER and CHARLES E.
McCLUNG, JR. of 9
FLEMING, ANDERSON, McCL'JNG & FINCH 10
/
'f 11 By
,s Charles E. McClung, Jr.
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Yr e s',
gj B3 21 I
- ] J ' "9 UNITED STATES OF AMERICN""~'
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NUCLEAR REGULATORY COMMISSION BEFORE TEE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-361 OL SOUTHERN CALIFORNIA EDISON COMPANY,
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50-362 OL ET AL.
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(San Onofre Nur-lear Generating Station,)
~ Units 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of Motion to Reopen the Record and Supplement Findings of Fact in Response to NRC Staff's Motion to Supplement the Record, dated December 16, 1981 in the above captioned proceedings was served on the following parties by deposit in the United States mail or, if indicated by an asterisk, by express mail or expedited service on December 16, 1981.
eg, David R.
Pigott, Esq.
Jh, James L.
Kelley, Esq., Chairman Administrative Judge Samuel B.
Casey, Esq.
Atomic Safety and Licensing Board John A. Mendez, Esq.
U.S.
Nuclear Regulatory Commission Edward B.
Rogin, Esq.
Washington, D.C.
20555 of Orrick, HerringtCn & Sutcliffg A Professional Corporation Dr. Cadet H.
Hand, Jr.,
600 Montgomery Street d,
Administrative Judge San Francisco, California 94111 c/o Bodega Marine Laboratory University of California Alan R.
Watts, Esq.
P.O.
Box 247 Daniel K.
Spradlin Bodega Bay, California 94923 Rourke & Woodruff 1055 North Main Street, #1020 Santa Ana, California 92701
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o gg,Mrs. Elizabeth B. Johnson, Richard J. Wharton, Esq.
Administrative Judge University of San Df_ ego O2k Ridge National Laboratory School of Law Alcala Park P. O.
Box X, Building 3500 San Diego, California 92110 Oak Ridge, Tennessee 37830 Mrs. Lyn Harris Hicks Janice E.
Kerr, Esq.
GUARD J. Calvin Simpson, Esq.
3908 Calle Ariana Lawrence O. Garcia, ESg.
San Clemente, California 92672 California Utilities Commission 5066 State Buildina A.
S. Carstens San Francisco, California 94102 2071 Caminito Circulo Norte Mt. La Jolla, California 92037 Charles R. Kocher, Esq.
W Richard K. Hoefling, Esq.
Jcmes A.
Beoletto, Esq.
Southern California Fdison Company Lawrence J. Chandler, Esq.
4244 Walnut Grove Avenue Donald Hassel, Esq.
Rosemead, California 91770 U. S. Nuclear Regulatory Commission David W. Gilman Office of the Executive Robert G. Lacy Legal Director San Diego Gas & Electric Company Washington, D.~C.
20555 P.O.
Box 1931 San Diego, California 92112 Atomic Safety and Licensing.
Appeal Board Panel Phyllis M.
Gallagher, Esq.
U.
S. Nuclear Regulatory 1695 West Crescent Avenue Commission Suite 222 Washington D. C.
20555 Anaheim, California 92701 Secretary Robert Dietch, Vice President U.
S. Nuclear Regulatory Comm.
Southern Edison California Company Attn:
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Box 800 Service Branch 2244 Walnut Grove Avenue Washington, D. C.
20555 Rosemead, California 91770 4
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Charles E. McClung, Jr.
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