ML20058A540
| ML20058A540 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/12/1981 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20058A382 | List:
|
| References | |
| FOIA-92-436, FOIA-93-436, TASK-AII, TASK-SE SECY-81-479, NUDOCS 8201070088 | |
| Download: ML20058A540 (2) | |
Text
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opq'*t SECY-81-479 li August 12, 1981
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%4 ADJUDICATORY ISSUE (Information)
For The Commissioners From:
James A. Fitzgerald Assistant General Counsel
Subject:
REVIEW OF ALAB-649 -- IN THE MATTER OF PACIFIC GAS & ELECTRIC COMPANY Facility:
Diablo Canyon, Units 1 and 2 Petitions t
for Review:
None Review Time Expires:
August 24, 1981
Purpose:
To info the Commission of an Appeal Board decision hich, in our view, p.6
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Discussion:
On June 12, 1981, the Governor of California, citing an article in the June 11, 1981 issue of Nucleonics Week which stated that alleged sabo ;
tage with serious potential public health and safety consequences had occurred at the Beaver Valley facility, requested the board to direct gg10 g88930412 the NRC staff to brief the board and the other GILINSK92-436 PDR Parties on the incident.
In ALAB-649, the 1/
As noted ibove, the time for Commission review expires on August 24, 1981.
g,g CONTACT:
Trip Rothschild, OGC
.niormation in this record was de:eled 4-1465 in accordance with the fpom of information t
Act, exe ions 2-VIS a, h nItmx van in5;0%-
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'N ' t [DE 9IJ/LY/ /C jit ca if
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The Commissioners 2
Appeal Board denied the request, stating that the Governor had made no effort to demonstrate any connection between the incident mentioned an-the Diablo Canyon proceeding.
The Governor did not indicate whether the Beaver Valley type sabotage incident is even theoretically possible at Diablo Canyon.
The Board stressed that the staff was looking into the Beaver valley inciden and that if the inquiry developed information that was relevant to the Diablo Canyon proceed-ing, the Board expected the staff to bring that information to its attention.
,0GC believes
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p5 Recommendation:
l,p 4.. -
fi s-games A.
Fitzgerald A,s,sistant General Counsel
Attachment:
ALAB-649 Distribution:
Commissioners Commission Staff Offices 1
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UNITED STATES OF AMERICA i4 NUCLEAR REGULATORY COMMISSION Ustmc JUL ! O ISO ATOMIC SAFE'1"I AND LICENSING-APPEAL BOARD.
wre. g 3 i
n w
O hI Administrative Judges:
Richard S. Salzman, Chairran Dr. W. Reed Johnson "L '
Thomas S. Moore SERVED JUL
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In the Matter of
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PACIFIC GAS & ELECTRIC COMPANY) Docket Nos. 50-275 OL i
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50-323 OL (Diablo Canyon Nuclear Power
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l Plant, Units 1 and 2)
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Messrs. Bruce Norton and Arthur C. Gehr, Phoenix, Arizona, and Malcolm H. Furbush, Philip A. Crangb Pacific Gas and Elec}hi41=c Jr., and Douglas A.
- Oglesby, San Francisco, Ca.1 Tornia, for the applicant, Company.
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Messrs. Herbert H.
Brown, Lawrence C.
Lanpher and Christopher B.
Hanback, Washington, D.
C.,
and Byron S. Georgiou, Sacramento, California, for the Governor of California.
Messrs. William J.
Olmstead and Charles -Barth and
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Mrs. Lucinda Low Swartz for the Nuclear Regulatory Commission staff.
MEMOPANDUM AND ORDER July 15,'1981
( ALAB-64 9)
On June 12, 1980, the Governor of California moved for an "Immediate Briefing on (a) Security Matter."
As grounds for the briefing, we are told that the Governor's " counsel read in the June 11, 1981 issue of Nucleonics Week that alleged sabotage with serious potential consequences for public health and safety occurred recently at the Beaver' NbD [h 1
1
i Valley-1 Nuclear Power Plant."
The Governor's counsel 5
believes that a full briefing for this Board and all par-i ticipants in this case would be the only effective means to determine the relevance of the incident to the situation at the Diablo Canyon plant in California.
i A copy of the four paragraph article from the trade journal in question was attached to the Governor's motion;
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no other information accompanied it.
The staff and Pacific Gas and Electric Company, the applicant, oppose the Governor's request.
No briefing is warranted on the basis of the papers be-1 fore us.
The Governor makes no effort in his 17-line motion to demonstrate any connection between the incident mentioned i
and this case.
We are not told, for example, whether the i
alleged incident is even theoretically possible at Diablo Canyon.
We are left to speculate whether the two reactors employ the same type of emergency core cooling system (ECCS) with a similar arrangement of pumps and valves, or whether i
the potential consequences of closing an ECCS suction valve at Diablo Canyon are likely to be the same as those that were
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hypothesized for Beaver Valley. Nor do we know whether the proposed technical specifications for the Diablo Canyon operating license application require the same procedures for assuring proper ECCS valve alignment as those employed at i
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Beaver Valley.
These and a myriad of similar questions are 1/
1 generally answerable from materials available to the public ~
i without any need to resort to sensitive security information.
Rather than shoulder his initial burden to demonstrate rele-vance, Governor Brown seeks to transfer the lead to us and the NRC staff.
No basis exists for the relief sought in the absence of a showing of such relevance.
Although the staff's response made no mention of any ongoing investigation, the article in Nucleonics Week in-dicates that the Beaver Valley licensee, the NRC staf f, l
and the Federal Bureau of Investigation are looking into l
l the matter.
If, while this case is still pending before 1
us, the staff's inquiry should disclose relevant information of significance to the Diablo Canyon security proceeding, we will surely be so informed.
The staff has long been obliged to keep the licensing and appeal boards apprised of significant 2/
developments-in pending cases, and is further obligated "to
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See 10 CFR ES2.790, 50.34(b), 50. 36 (a), and 50.39.
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Duke Power Co. (McGuire Nuclear Station, Units 1 and
- 2), ALAB-143, 6 AEC 623, 625 (1973).
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lay all relevant materials before the Board to enable it e
adequately to dispose of the issues before it. "
Consolidated Edison Co. of New York (Indian Point Station, Units 1, 2 and i
3), CLI-77-2, 5 NRC 13, 15 (1977).
Accord, Virginia Electric and Power Co. (North Anna Station, Units 1 and 2), ALAB-551, 3/
9 NRC 704, 706 (1979).
Motion denied.
It is so ORDERED.
FOR THE APPEAL BOARD b. Osa AM C. Jdyn Bishop
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Secretary to the Appeal Board 3/
Finally, should it determine that the Beaver Valley incident raises a significant safety issue after our jurisdiction in this proceeding has terminated, the staff would be required to assess any possible impli-cations for other licensed facilities, including Diablo Canyon, as part of its continuing regulatory responsi-bilities.
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