ML20039G229
| ML20039G229 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/12/1982 |
| From: | Brown H CALIFORNIA, STATE OF, KIRKPATRICK & LOCKHART |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-OL, NUDOCS 8201150403 | |
| Download: ML20039G229 (3) | |
Text
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p,gcg AN al y US198F [NITED STATES OF AMERICA p umusset
' LEAR REGULATORY COMMISSION DOCKETrP M g,vspu pw e
g' BEFORE THE COMMISSION 4
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)
In the Matter of
)
7
)
L PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 O.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power Plant,
)
Units 1 and 2)
)
)
REQUEST FOR DIRECTED CERTIFICATION OF ASLB ORDER DISCLAIMING JURISDICTION OVER EFFECTS OF EARTHQUAKES ON EMERGENCY PLANNING AND FOR EXPEDITED CONSIDERATION By Memorandum and Order dated December 28, 1981
(" Order"),
the Licensing Board ruled that it does not have jurisdiction "to consider impacts on emergency planning of earthquakes which cause or occur during an accidental radiological release."
Order at 2.
The Board concl1ded that this ruling was mandated by the Commission's December 8, 1981 decision in the San Onofre proceeding.
See CLI-81-33. /
Governor Brown requests that the Commission direct certifica-tion of the Licensing Board's decision and take cognizance of the important issue raised thereby for the following reasons:
1.
The complicating effects of an earthquake on emergency planning have been introduced as a factual issue in this proceeding by the provisions of PG&E's own Emergency Plan.
Thus, PG&E's Emergency Plan itself provides that an initiating event for the mR8 ggt Emergency Plan is both an earthquake " greater than OBE levels" and oo an earthquake " greater than SSE levels."
See PG&E Emergency Plan, aor Table 4.1-1, pp. 11 and 15.
Since PG&E claims to have planned for oS no C4 om
-*/
By Order of January 11, 1981, which was read by ASLB's secretary
@Q to the Governor's counsel, the Board did not certify thy,4ubject g
$F issue to the Commission.
00YI
2.
the potentially serious complications of an earthquake on nearby faults, including the proximate Hosgri fault, the Governor should be permitted to examine the adequacy of PG&E's planning and the accuracy of PG&E's claims.
Surely, the Commission's December 8 Order in San Onofre should not be construed so as to dissuade, or indeed prevent, PG&E from planning and preparing for the very earthquake events that PG&E has made " initiating events" for its Emergency Plan.
And, surely the Commission could not have intended the State whose resources would be required during a radiological emergency to be barred from participating on this crucial issue.
2.
On October 13, 1981, Governor Brown requested the Con-mission to provide the Governor with an opportunity to comment if the Commission intended its ruling in San Onofre to have preceden-tial effect on the Diablo Canyon proceeding.
See Attachment.
The Commission did not provide such opportunity to the Governor, thus suggesting that the Commission did not intend its San Onofre ruling to bind the Board in Diablo Canyon.
Instead, the Commission's action in San Onofre leaves room for the Commission to make a finding that the circumstances of Diablo Canyon require consideration of earth-quake consequences on emergency preparedness.
3.
The central issue in the Diablo Canyon proceeding has been and remains the expected effects of a major earthquake on the nearby Hosgri fault, which PG&E overlooked in siting the Diablo Canyon plant.
Obvious potential effects of such an earthquake would be on roads, bridges, and other elements of the public infrastructure that are crucial to evacuation and other protective actions in the event of a radiological emergency.
For example, if a critical bridge along
3.
an evacuation route from the Diablo Canyon plant were seriously damaged by an earthquake, the evacuation route itself would be rendered unusable.
Assuming the loss of such an evacuation route, would the Commission still want the plant to operate?
The answer would presumably be no, because the evacuation route which supported licensing of the plant would no longer exist, and the public health and safety standard thus could not be met.
Unless the Licensing Board's December 23 Order is reversed by the Commission, this critical issue will be precluded from the hearing.
Because the hearir.g is scheduled for January 19, the Governor requests expedited consideration of this matter.
If the Commission were to rule for the Governor, the January 19 hearing date could still be met, because all parties to the proceeding have received the TERA report commissioned by PG&E to analyze the effects of earth-quakes on emergency planning and necessary discovery has already been completed.
Respectfully submitted, Byron S. Georgiou Legal Affairs Secretary Governor Brown's Office State of California
/
/
/ -l
~
Herbert H.
Brown Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.
W.
Washington, D. C.
20036 Counsel for Governor Edmund G.
Brown Jr.
of the State of California January 12, 1982 I
(
(
WCAccMRM UNITED STATES OF AMERICA NUCLEAR REGULATORY COM4ISSION BEFORE THE COMMISSION
)
In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 0.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power Plant,
)
Units 1 and 2)
)
)
REQUEST FOR CLARIFICATION Governor Edmund G.
Brown Jr.,
representing the State of California herein," takes notice that the Commission is consider-ing in the San Onofre proceeding whether to require analysis of the complicating effects of certain levels of earthquakes on emergency planning and preparedness.
Please be advised that if the Commission intends to issue an order or take other action in the San Onofre proceeding that would affect or provide precedent for the scope or subsrance of the review of earthquake effects on emergency planning and preparedness at Diablo Canyon, the Governor wishes to be so informed and to have the opportunity to provide written comments to the Commission.
Indeed, the complicating effects of an earthquake along the Hosgri Fault, which is located less than three miles from the Diablo Canyon plant, are of profound concern to the integrity of emergency planning and preparedness at Diablo Canyon.
Fot only is it imperative that such complicating effects be considered for earthquakes equal to the 7.5 M Safe Shutdown Earthquake ("SSE"),
but it is essential that emergency planning and preparedness be
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e
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1 considered for earthcuakes greater than the SSE.
PG&E's own emergency plan for the Diablo Canyon plant provides that an "Earthcuake greater than SSE levels" constitutes a " Site Area Emergency."
Table 4.1-1, p.
15 (Rev. 3).
Respectfully submitted, Byron S. Georgiou Lecal Affairs Secrerary i'
Governor Brown's Office State of California 3
/
,s.
Herbert H.
Brown Lawrence Coe Lanpher HILL, CHRISTOPHER AND PHILLIPS, P. C.
1900 M Street, N. W.
Washington, D.
C.
20036 Counsel for Governor Brown of the State of California 1
l l
October 13, 1981
,n
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 0.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power Plant,
)
Units 1 and 2)
)
)
l CERTIFICATE OF SERVICE I hereby certify that copies of the " REQUEST FOR DIRECTED CERTIFICATION OF ASLB ORDER DISCLAIMING JURISDICTION OVER EFFECTS 4
OF EARTHQUAKES ON EMERGENCY PLANNING AND FOR EXPEDITEC CONSIDERATION" have been served on the following on January 12, 1982 by U.S. mail, first class, except as otherwise indicated.
Nunzio J. Palladino, Chairman /
Commissioner Victor Gilinsky*/,!
Commissioner Peter A.
Bradford -
Connissioner John F. Ahearne*/
Commissioner Thomas Roberts *_7 U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555 I
Mr. Thomas Moore, Chairman Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Commission l
Washington, D.
C.
20555 Dr. W. Reed Johnson l
Atomic Safety'and Licensing Appeal Board U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Dr. John H.
Buck Atomic Safety and Licensing Appeal Board U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Chairman Atomic Safety and Licensing Appeal Panel U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555
L onard Bickwit, Ecq., Gsnnrcl Councal-f o
Office of General Counsel U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555 Judge John F. Wolf, Chairman Atomic Safety and Licensing Board U.
S.
Nuclear Regulatory Comnission Washington, D.
C.
20555 Judge Glenn O.
Bright Atomic Safety and Licensing Board U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Judge Jerry R.
Kline Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 William J. Olmstead, Esq.1,/
Edward G.
Ketchen, Esq.
George E.
Johnson, Esq.
Donald F.
Hassell, Esq.
Office of Executive Legal Director BETH 042 U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Secretary U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 ATTENTION:
Docketinc and Service Section Mrs. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, CA 93401 Janice E.
Kerr, Esq.
Public Utilities Commission 5246 State Building 350 McAllister Street San Francisco, CA 94102 Mrs. Raye Fleming 1920 Mattie Road Shell Beach, CA 93449 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, CA 93105.-
r
.r Mr. Gordon Silvgr Mrs. Sandra A.
Silver 1760 Alisal Street San Luis Obispo, CA 93401 Joel R. Reynolds, Esq. --/
John Phillips, Esq.
Center for Law in the Public Interest 10951 West Pico Boulevard Third Floor
'Los Angeles, CA 90064 Bruce Norton, Es q. -- /
Norton, Burke, Berry,& Junck 3216 North Third Street - Suite 300 Phoenix, Arizona 85012 Philip A.
- Crane, Jr.,
Esq.
Richard F.
Locke, Esq.
F.
Ronald Laupheimer, Esq.
Pacific Gas and Electric Company 1050 17th Street, N.W.
Suite 1180 Washington, D.
C.
20036 David S.
Fleischaker, Esq.
P.O.
Box 1178 Oklahoma City, Oklahona 73101 Arthur C.
Gehr, Esq.
Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 Mr. Richard B.
Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K San Jose, CA 95125 Mr. Carl Neiberger Telegram Tribune P.
O.
Box 112 San Luis Obispo, CA 93402 Byron S.
Georgiou, Esq.
Legal Affairs Secretary Governor's Office State Capitol Sacramento, CA 95814
/
q f
f f'
w
' Herbert H.
Brown KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.
-,7 Hand-delivered Washington, D.
C.
20036
- /
By Federal Express January 12, 1982