ML20054C968
| ML20054C968 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Diablo Canyon |
| Issue date: | 09/15/1977 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | PACIFIC GAS & ELECTRIC CO. |
| Shared Package | |
| ML20054C939 | List: |
| References | |
| FOIA-81-437 ISSUANCES-OL, NUDOCS 8204220182 | |
| Download: ML20054C968 (3) | |
Text
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T I I A' UtilTED STATES OF AMERICA g,
ilVCLEAR REGULATORY C0t411SS10tl g
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SEP 151977 3. $
C0t411SSI0tlERS.
g Joseph it. Hendrie, Chairman
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Victor Gilinsky b
Richard T. Kennedy y
Peter A. Bradford cb y
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In the Matter of PACIFIC GAS ATID ELECTRIC C0t1PAf1Y
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Docket ilos. En.'17c4
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50-3230L (Diablo Canyon fluclear Power Plant,
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2, Units 1 and 2)
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rn O w ORDER N.
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3 In this proceeding on an application for an operating lijense, the
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u-Appeal Board has ruled that the intervenor is entitled to liniitefaccess to the applicant's physical security plan required under 10 CFR 55 50.34(c), 73.55, subject to certain safeguards to protect against unauthorized release of the plan.
Pacific Gas and Electric Company Chairman Hendrie has reviewed his prior participation as Deputy Director for Licensing and Technical Review of the Atomic Energy Commission and as a member of the Adviscry Ccm.ittee on Reactor Safeguards in matters involving the Diable Canyon facility. He has no recollection of any involvement on the question of applicant's physical security plans, and a records search did not indicate any such participation.
Accordingly, he has determined that there is no reason why he should abstain from participating in consideration of. ALAB-410.
In the future, when other matters involving this facility come before the Commission, he will consider anew his status as a participant.
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2 (Di'ablo Canyon iluclear Power Plant, Units 1 and 2), ALAB-410 (June 9, 1977).
A petition for Commission review on behalf of the applicant has
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We been received and the Staff has filed an answer opposing review.
note that the petition seeks review of an Appeal Board decision on an issue certified to it for determination, and is therefore not authorized by our rules.
By this order, the Commission denies the petition and declines to exercise its sua sponte_ review authority.
See 10 CFR 5 2.786.
ilonetheless, the prospect of even limited disclosure of physical security plans for nuclear facilities poses serious and difficult See letter of Chairman Bender, ACRS, to Chairman Hendrie, questions.
dated August 18, 1977, copy attached. The nature and detail of the recently security plans submitted by applicants and licensees under our promulgated 10 CFR 5 73.55 differ significantly from the plans that were at issue in earlier adjudicatory proceedings in which we were involved.
E.g._, Consolidated Edison Co. of flew York'(Indian Point Station, Unit 2), CLI-74-23, 7 AEC 947 (1974).
Nonetheless, our responsibilities require the Commission to make certain findings and determinations before issuing an operating license for a nuclear power reactor, and the sufficiency of an applicant's proposed safeguards plans and procedures are relevant to those findings and determinations.
The extent to which the above principles and the facts of this case require disclosure beyond the general outlines and criteria of the l
3 appl,1 cant's security plan is a matter for the Licensing Board to decide in the first instance and under the guidelines of ALAB-410, subject of course to the ordinary procedures for review by the Appeal Board and the -
Comission.
By the Comiss "on.
biA.. g 1
SAMUEL J.
- HIUt Secretary of thi Commission Dated at Washington, D.C.
this 15th day of September,1977.
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