ML20046C481
| ML20046C481 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/03/1993 |
| From: | Bechhoefer C, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| To: | Public Service Enterprise Group, SAN LUIS OBISPO MOTHERS FOR PEACE |
| References | |
| CON-#393-14177 92-669-03-OLA-2, 92-669-3-OLA-2, OLA, OLA-2, NUDOCS 9308110065 | |
| Download: ML20046C481 (6) | |
Text
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- -4 l:* 31 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
?ER E) AUG - 41993 Charles Bechhoefer, Chairman Dr. Jerry R.
Kline Frederick J.
Shon In the Matter of Docket Nos. 50-275-OLA-2 50-323-OLA-2 PACIFIC GAS AND ELECTRIC COMPANY ASLBP No. 92-669-03-OLA-2 (Diablo Canyon Nuclear Power Plant, Units 1 and 2)
(Construction Period Recovery)
Facility Operating Licenses No. DPR-80 and DPR-82 August 3, 1993 MEMORANDUM AND ORDER (Telephone Conference Call, 7/29/93)
On July 29, 1993, the Licensing Board convened a telephone conference call to resolve several pending issues.
Participating, along with the three Board nembers, were the following:
David Repka, Esq., for Pacific Gas and Electric Co.
(Applicant or PG&E)
Christopher Warner, Esq., for PG&E Diane Curran, Esq., for San Luis Obispo Mothers for Peace (MFP), Intervenor Ms. Nancy Culver, for MFP Ann Hodgdon, Esq., for the NRC Staff Ms. Sheri R.
Peterson, NRR, for the NRC Staff i
Following is a summary of the matters considered:
I 9308110065 930803 PDR ADOCK 05000275 O
PDR 6 0 g-
4-e A.. Protective Order.
In our Memorandum'and Order
)
(Granting Discovery Request / Referring Ruling to Commission),
I LBP-93-13, dated July 19, 1993, we ruled that MFP should be granted access, subjec: co a protective order, to a single report prepared by the Institute for Nuclear Power Operations (INPO) concerning "aaaintenance and surveillance programs or activities" at the Diablo Canyon Nuclear Power Plant.
Reflecting the sensitivity of various INPO reports, we referred our ruling to the Commission pursuant to I
I 10 C.F.R.
S 2.730(f) and, pe7 ding Commission review, stayed the effectiveness of our Order.
In an order lasued on the same day as our referral, the Commission established an expedited briefing schedule.
l Thereafter, on July 22, 1993, PG&E filed a request to defer the briefing schedule, in light of its determination to waive its claimed privilege and to release relevant portions of the INPO document to MFP, subject to an appropriate protective order.
By order dated July 23, 1993, the Commission granted the request in part, setting forth a new briefing schedule in the event a protective order could not be agreed to by the parties.
We convened the conference l
l call to attempt to reach agreement on a protective order.
1 At the outset, MFP sought access to an additional 1998 INPO report, subject to a protective order.
The Board'
[
denied that request, inasmuch as the 1988 report (although i
originally requested on discovery) had not been included in i
. the MFP Motion to Compel that we had granted and referred to the Commission.
We also opined that the 1988 report did not have the same degree of relevance as the later report and, although generally relevant to the contention, the sensitivity caused us to differentiate between degrees of relevance.
Following discussion with all the parties, the Board approved the terms of a protective order.
On August 2, 1993, PG&E submitted a draft of an order intended to incorporate such conditions, together with a draft affidavit of non-disclosure.
The draft had been accepted by MFP as including the terms that we had approved.
We are today approving that order and affidavit (with minor modifications) by a separate Memorandum and Order.
B.
MFP 7/1/93 Motion to Connel.
On July 1, 1993, MFP filed a Motion to Compel PG&E to provide further answers to the Third Set of Supplementary Interrogatories.
PG&E responded on July 16, 1993, claiming that it had in effect provided adequate answers or, in one instance, that it was clarifying a previous response.
MFP agreed that its request with respect to interrogatories 2a and 6 was moot.
After discussion with the parties, we granted MFP's request for further answers to its interrogatory Ib.
C.
Cross-examination Plans.
On July 22, 1993, PG&E filed a motion for us to require the filing of cross-t
-4 examination plans, as provided by 10 C.F.R.
S 2.743(b), on a designated schedule.
By response dated July 28, 1993, the Staff supported such motion.
During the conference call, MFP indicated no objection to filing E.ch plans with the Board.
We indicated that such plans should be filed, although on a somewhat different schedule.
The plans covering the first week of the hearing are to be delivered to the Board by August 16, 1993, the day preceding the hearing.
To the extent necessary, we will establish dates for the filing of further cross-examination plans during the hearing.
I D.
Other Matters.
PG&E agreed to confer with MFP prior to the hearing and to work out a stipulation as to the authenticity of certain documents (such as Licensee Event l
Reports and Nonconformance Reports) that MFP proposes to use during the hearing.
MFP and PG&E were not able to agree as to a possible stipulation on the relevance of particular types of documents for particular purposes.
These matters will be discussed further at the prehearing conference that precedes the evidentiary hearing.
For the Atomic Safety and Licensing Board A
nJL s
CIlar'les Bechhoefer, Cpirman ADMINISTRATIVE JUDGE Bethesda, Maryland August 3, 1993 P
-4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No.(s) 50-275/323-OLA-2 (Diablo Canyon Nuclear Power Plant, Unit Nos. I and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (TELECON CALL 7/29)-8/3 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Office of Comission Appellate Administrative Judge Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Ann P. Hodgdon, Esq.
C. J.
Warner, Esq.
Office of the General Counsel Richard F. Locke, Esq.
U.S. Nuclear Regulatory Comission Pacific Gas & Electric Company Washington, DC 20555 77 Beale Street San Francisco, CA 94106 Robert R. Wellington, Esq.
Joseph B. Knotts, Jr., Esq.
Diablo Canyon Independent Safety David A. Repka, Esq.
Comittee Winston & Strawn 857 Cass Street, Suite D 1400 L Street, N.W.
Monterey, CA 93940 Washington, DC 20005 L
j l
Docket No.(s)S0-275/323-OLA-2 LB M&O (TELECON CALL 7/29)-8/3 l
Truman Burns Peter G. Fairchild, Eso.
Robert Kinosian California Public Utilities Commission California Public Utilities Commission 505 Van Ness Avenue 505 Van Ness, Room 4103 San Francisco, CA 94102 San Francisco, CA 94102 Nancy Culver, President Diane Curran, Esq.
Board of Directors Counsel for SLOMFP Mothers for Peace c/o IEER P. O. Box 164 6935 Laurel Avenue, Suite 204 Pismo Beach, CA 93448 Takoma Park, MD 20912 l
Dated at Rockville, Md. this 4 day of August 1993 Office of the Secretary of the Commission e
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