ML20040A391
| ML20040A391 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/15/1982 |
| From: | Wolf J Atomic Safety and Licensing Board Panel |
| To: | JOINT INTERVENORS - DIABLO CANYON |
| References | |
| ISSUANCES-OL, NUDOCS 8201210011 | |
| Download: ML20040A391 (2) | |
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j UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION j
'82 JM 18 A10:45 ATOMIC SAFETY AND LICENSING BOARD 4
I Before Administrative Judges:
l John F. Wolf, Chairman Q g,.' y ; '
Glenn 0. Bright
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Dr. Jerry Kline l
SERVED gAU 10i%g j
f In the Matter of:
Docket Nos.:
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PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, January 15, 1982 cn Units 1 and 2)
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MEMORANDUM AND ORDER 2
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IN RESPONSE TO JOINT INTERVEN0R'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION 1 10 e
In the Joint Intervenor's Motion for Summary Disposition of Co dated January 7,1982, they challenge this Board's holding in its Memorandum and Order, dated December 23, 1981, that "on the basis of established and J
approved procedure the Board will look to the Richard W. Krumm memorandum of November 17, 1981, as the FEMA finding needed to carry out 10 CFR 50.47.
It is subject to being amended in the event that FEMA discovers new operative facts in subsequent hearings or tests.
No operating license shall I
be issued until 10 CFR 50.47 is fully complied with."
In their " Statement of Material Facts As To Which There Is No Genuine Dispute" Joint Intervenors contend that NRC regulations require a FEMA finding on the adequacy of the State Plan and whether it is capable of being implemented as a precondition to any overall finding on the adequacy of i
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emergency preparedness at Diablo Canyon. They also contend that FEMA has made no finding on the adequacy of the State Plan and whether it is capable of being implemented.
Their Statement sharply disputes the holding of this Board that the Krumm memorandum of November 17, 1981, is the FEMA finding needed to carry out 10 CFR 50.47.
In addition to the erroneous contention regarding no genuine dispute as to material facts, the Joint Intervenors merely seek a postponement of the hearing on emergency preparedness at Diablo Canyon until another FEMA finding is issued.
Postponement is not the function of a motion for summary disposition.
It deals with the merits of the claim and is a bar and not a suspension.
Accordingly, it is ORDERED That tr,e Joint Intervenors Motion for Summary Disposition of Contention 1 is denied.
FOR THE ATOMIC SAFETY AND LICENSING BOARD "3
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l MaF. Wolf, Chairman [
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ADMINISTRATIVE JUDGE Issued at Bethesda, Maryland, this 15th day of January,1982.
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