ML20056E719

Memorandum & Order (Telephone Conference call,930813).* Directs That Unsigned Ltr Be Provided to San Luis Obispo Mothers for Peace to Assist in cross-examination.Certificate of Svc Encl.Served on 930816

ML20056E719
Person / Time
Site:	Diablo Canyon
Issue date:	08/13/1993
From:	Becchoefer C Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC), PACIFIC GAS & ELECTRIC CO.
References
CON-#393-14216 92-669-03-OLA-2, 92-669-3-OLA-2, LBP-93-17, OLA-2, NUDOCS 9308250104
Download: ML20056E719 (5)

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'93 1' id ' ' I LBP-93-17 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: g gg j , g Charles Bechhoefer, Chairman l

l Dr. Jerry R. Kline l Frederick J. Shon l

i In the Matter of Docket Nos. 50-275-OLA-2 l

50-323-OLA-2 l PACIFIC GAS AND ELECTRIC COMPANY ASLBP No. 92-669-03-OLA-2 (Diablo Canyon Nuclear Power Plint, Units 1 and 2) (Construction Period l Recovery)

Facility Operating Licenses No. DPR-80 and DPR-82 August 13, 1993 MEMORANDUM AND ORDER (Telechone Conference Call. 8/13/93)

On July 15, 1993, the NRC Staff prepared Board Notification 93-18 and transmitted it to the Board and parties. (Board members received their copies on July 23, 1993.) The Board Notification stated that the NRC Office of Investigation had investigated an unsigned and anonymous letter from two engineers stating that a high-ranking PG&E employee had put pressure on a PG&E licensing engineer to alter fire logs with respect to Contention V (implementation of Thermo-Lag compensatory measures). The Notification 9308250104 930813

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stated that OI had interviewed the named licensing engineer, who denied receiving any such instructions from PG&E or that any fire logs had been altered. OI then determined that there was no need for further inquiry.

On August 11, 1993, the San Luis Obispo Mothers for  ;

Peace (MFP) filed a motion to conduct further discovery on this question and to postpone the hearing on Contention y pending completion of such discovery. On August 12, 1993, PG&E and the NRC Staff each filed faxed responses, opposing the request for further discovery. Both viewed the request as creating a new contention without good cause, and each i

noted that the PG&E custodian of the records was to be a witness and that he could be cross-examined concerning any possible falsification. The Staff noted that the manner in which OI conducts investigations was not a proper subject i for inquiry in this proceeding. )

On August 13, 1993, the Board conducted a telephone conference call involving all parties. Under discussion was whether the integrity of the NRC hearing process was being compromised absent some further inquiry into the circumstances, particularly identification of the "various meetings in a public forum" at which the directions l allegedly were given.

The Board finds that the incident in question is clearly relevant to MFP Contention V. The Board further finds low probative value to anonymous, uncorroborated I

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allegations. The Board also recognizes the privacy considerations attendant to unsupported allegations against company officials and with respect to whistleblowers, as well as the integrity of the hearing process considerations necessary to be protected in a licensing-board proceeding.

To this end, we view cross-examination of the custodian of the records as a first step, and will permit that to take place (as suggested by PG&E and the Staff). In addition, l

however, we direct that the unsigned letter--sanitized to remove all names of individuals--be also provided to MFP (either by PG&E or the Staff), to assist it in its cross-examination. Following cross-examination, the Board will determine whether further discovery may be necessary or l l

whether the allegations should be disregarded.

IT IS SO ORDERED.

For the Atomic Safety and Licensing Board i l

i n1 JL A 3P W Charles Bechhoefer, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland August 13, 1993

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l l* l UNITED STATES OF AMERICA l

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 (LBP-93-17) (TELECON..)

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 Commission Appellate Administrative Judge Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge

! Jerry R. Kline Frederick J. Shon l

Atomic Safety and Licensin; Board Atomic Safety and Licensing Board l

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 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 Commission 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.

Committee Winston & Strawn 857 Cass Street, Suite D 1400 L Street, N.W.

Monterey, CA 93940 Washington, DC 20005 l

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Docket No.(s)50-275/323-OLA-2 LB M10 (LBP-93-17) (TELECON..) ,

r Truman Burns Peter G. Fairchild, Esq.

Robert Kinosian California Public Utilities Commission

• California Public Utilities Commission 505 Van Ness Avenue 505 Van Ness, Room 4103 San Francisco, CA 94102 t 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 Dated at Rockville, Md. this / '

16 day of August 1993 i ty Wu kQ Office of the Secretary of the Commission I

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