ML20046B918
| ML20046B918 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/22/1993 |
| From: | Repka D PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#393-14142 OLA-2, NUDOCS 9308090020 | |
| Download: ML20046B918 (5) | |
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. Ld ti U Julyt22, 1993 l
'93 JUL 23 R1 :31 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of:
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Docket Nos. 50-275-OLA 50-323-OLA~ L Pacific Gas and Electric Company
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(Construction Period I
(Diablo Canyon Nuclear Power
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Recovery)
Plant, Units 1 and 2)
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PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST TO DEFER BRIEFING SCHEDULE ON REFERRED RULING RE:
INPO DOCUMENTS In its Memorandum and Order (Granting Discovery Request /
Referring Ruling to Commission), dated July 19, 1993 (" Order"), the Atomic Safety and Licensing Board
(" Licensing Board") granted a request by intervenor San Luis Obispo Mothers for Peace ("MFP")
l seeking discovery of a confidential evaluation prepared for Pacific Gas and Electric Company ("PG&E") by the Institute for Nuclear Power Operations ("INPO").
Order at 9.
As requested by PG&E, the Order simultaneously referred the ruling to the Commission pursuant to 10 C.F.R.
S 2.730(f), and stayed its effectiveness pending Commission action.
By order dated July 19, 1993, the Nuclear Regulatory Commission (" Commission") established a schedule for briefs on the reviewability and merits of the Licensing Board Order.
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In the interest of advancing this proceeding in an I
l expeditious manner, and upon review of the Licensing Board's Order, 9308090020 930722 pp.3 DR ADOCK 0500 5
L
y PG&E hereby offers to voluntarily waive the privilege attendant to the INPO evaluation at issue and provide MFP access to the document under the terms of a narrow protective order as directed by the Licensing Board.
The protective order should be drafted so as to disclose only those portions of the INPO evaluation that directly pertain to the DCPP maintenance and surveillance program.1/
This conditional
- waiver, along with agreement to an appropriate protective
- order, would moot the question referred to the Commission.
In waiving the privilege, PG&E does not concede the validity of the legal analysis set forth in the Order.
Thus, this waiver should not be accorded precedential effect.
Pending agreement among the parties and the Licensing Board on an appropriate protective order, PG&E requests that the briefing schedule on the referred question be deferred.
PG&E will communicate its proposal to the Licensing Board and parties and advise the Commission of further developments.
If a sufficiently narrow protective order is not issued by the Licensing Board and agreed to by the parties to thir proceeding, PG&E wishes to preserve its right to seek Commission review of the ruling referred by the Licensing Board pursuant to 10 C.F.R. S 2.730(f).
1/ In this regard, the Licensing Board, order at 7, intimates that the INPO report at issue will provide criteria by which to guide a review of the DCPP maintenance and surveillance program.
This expectation will not be fulfilled by the INPO evaluation at issue -
as it contains only discrete findings.
Furthermore, PG&E already has provided MFP with INPO criteria in INPO 90-008, " Maintenance Programs in the Nuclear Power Industry."
See PG&E's " Response to San Luis Obispo Mothers for Peace Motion to Compel Re: Contention I," dated April 8, 1993, at 6. a
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Therefore, in the event review is necessary, PG&E concludes that it is appropriate for the Commission to review the Licensing Board's referred ruling pursuant to 10 C.F.R. S 2.786(g).
For the reasons stated in PG&E's filings before the Licensing Board, the Licensing Board erred as a matter of law in ordering the release of the INPO evaluation at issue, and the referred ruling should be reversed by the Commission.
Respectfully submitted, NC-1 David A. Repka Kathryn M. Kalowsky 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 San Francisco, CA this 22nd day of July, 1993.
i UNITED STATES OF AMERICA ai..
~W NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
.g j In the Matter of:
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Docket Nos. 5 0"-2 7 5'-OLA' Pacific Gas and Electric Company
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50-323-OLA-
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(Construction Period (Diablo Canyon Power
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Recapture)
Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of " PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST TO DEFER BRIEFING SCHEDULE ON REFERRED RULING RE:
INPO DOCUMENTS" in the above-captioned proceeding have been served on the in the United States mail, first class, or, as following by deposit indicated by an asterisk (*), by deposit for Federal Express overnight delivery, this 22nd day of July, 1993.
Ivan Selin, Chairman (*)
E. Gail de Planque, Commissioner (*)
One White Flint North U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Flint North Rockville, MD 20852 11555 Rockville Pike Rockville, MD 20852 Forrest J. Remick, Commissioner (*)
Kenneth C. Rogers, Commissioner (*)
One White Flint North U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Flint North Rockville, MD 20852 11555 Rockville Pike Rockville, MD 20852 Charles Bechhoefer, Chairman (*)
Frederick J. Shon(*)
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East West / West Towers Bldg.
East West / West Towers Bldg.
4350 East West Hghwy.
4350 East West Hghwy.
Bethesda, MD 20814 Bethesda, MD 20814 Jerry R. Kline(*)
Office of Commission Appellate (*)
Administrative Judge Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West / West Towers Bldg.
One White Flint North 4350 East West Hghwy.
11555 Rockville Pike Bethesda, MD 20814 Rockville, MD 20852
(
Office of the Secretary (*)
Ann P. Hodgdon, Esq.(*)
U.S. Nuclear Regulatory Commission Office of the General Counsel One White Flint North U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Flint North Rockville, MD 20852 11555 Rockville Pike Attn:
Docketing and Service Rockville, MD 20852 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 California Public Utilities Board of Directors San Luis Obispo Mothers for Peace Commission P.O.
Box 164 505 Van Ness, Rm. 4103 Pismo Beach, CA 93448 San Francisco, CA 94102 Robert R. Wellington, Esq.
Christopher J. Warner, Esq.
Diablo Canyon Independent Safety Richard F.
Locke, Esq.
Pacific Gas & Electric Company Committee 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 4.lh David A. Repka Counsel for Pacific Gas &
Electric Company
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